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Consumer protection

SANT ROHIDAS LEATHER INDUSTRIES AND CHARMAKAR DEVELOPMENT CORPORATION LTD. versus VIJAYA BANK

Because the Bank asserted that the FDR had been pledged to avail an overdraft and the appellant alleged that such pledge/loan was fraudulent (with a criminal complaint pending), there was a serious unresolved factual dispute going to whether the deposit was made for a commercial purpose; that dispute and allegations of fraud could not be resolved in summary consumer proceedings and therefore the complaint was not maintainable and dismissal by the NCDRC was justified.

Source excerpt

  • Definition of consumer
  • Commercial purpose
  • Fixed deposit receipt (fdr)
  • Deficiency in service
  • Maintainability of consumer complaint
  • Pledge/hypothecation
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Consumer protection

ITC LIMITED versus AASHNA ROY

The National Commission erred in awarding a huge sum of Rs.2,00,00,000 based primarily on unproved photocopies and general discussion without trustworthy evidence establishing loss; large claims require reliable proof and opportunity to test authenticity (production of originals, examination of authors or commissions), therefore the award is modified so that the respondent’s entitlement is limited to the Rs.25,00,000 already released in her favour.

Source excerpt

  • Deficiency in service
  • Quantum of compensation
  • Production and proof of documents
  • Principles of natural justice
  • Remand for assessment of damages
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Consumer protection

ANSAL CROWN HEIGHTS FLAT BUYERS ASSOCIATION (REGD.) versus M/S ANSAL CROWN INFRABUILD PVT. LTD. & ORS.

Because the complaints were prosecuted and finally adjudicated only against ACIPL and not against respondents 2-9, and there were no pleadings, notice, evidence or findings fixing personal liability on those individuals, the decree could not be executed against them; further, a moratorium under Section 14 IBC bars the modes of execution against the corporate debtor and execution cannot be used to indirectly enforce against non-decretal parties or to pierce the corporate veil absent pleaded and proved fraud or misuse of the corporate form.

Source excerpt

  • Execution of consumer commission orders
  • Moratorium under ibc s.14
  • Directors' personal liability
  • Piercing the corporate veil
  • Service of notice and adjudicatory process
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Administrative law

ITC LIMITED versus STATE OF KARNATAKA & ANR.

The search and seizure conducted on 02.07.2020 were illegal and vitiated because no warrant was obtained nor were reasons to believe recorded as required by Section 15 of the Legal Metrology Act, 2009 read with Sections 165 and 100(4),(5) Cr.P.C.; the presence of a non-independent witness (the driver) violated Section 100(4); consequently the seizure and subsequent compounding notice were invalid and the Division Bench judgment upholding them was quashed, restoring the Single Judge order.

Source excerpt

  • Search and seizure
  • Inspection
  • Reasons to believe
  • Warrant requirements
  • Natural justice
  • Section 15 legal metrology act, 2009
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Medical negligence

DEEP NURSING HOME AND ANOTHER versus MANMEET SINGH MATTEWAL AND OTHERS

The NCDRC exceeded its jurisdiction by deciding antenatal negligence which was not pleaded; successive Medical Boards/Committees (constituted at the complainant's instigation) did not find gross medical negligence; therefore findings of negligence and the orders awarding compensation cannot be sustained and the appeals must be allowed, setting aside the NCDRC and SCDRC orders.

Source excerpt

  • Medical negligence
  • Deficiency in service
  • Res ipsa loquitur
  • Antenatal care
  • Post-delivery treatment
  • Jurisdiction
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Consumer protection

GREATER MOHALI AREA DEVELOPMENT AUTHORITY (GMADA) THROUGH ITS ESTATE OFFICER (H) versus ANUPAM GARG ETC.

The Supreme Court held that while a commission may compute compensation for delay and may consider that buyers took loans and paid interest, the interest charged by banks on such loans cannot, in their entirety, be saddled on the developer absent exceptional and strong reasons. The contractual remedy in the LOI — refund of the deposited amount with 8% compounded annual interest and a clarification of no other liability — sufficed as compensation; therefore the orders awarding bank loan interest against GMADA were set aside and the appeals were allowed to that extent.

Source excerpt

  • Compensation
  • Delay in delivery of possession
  • Deficiency of service
  • Interest on loans
  • Mental harassment and litigation costs
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Consumer protection

GOPAL DIKSHIT versus UNITED INDIA INSURANCE COMPANY LTD.

The first survey report dated 06.09.2016 and corroborating expert certificates, conducted promptly, established that the proximate cause of the damage was flooding due to unprecedented heavy rainfall entering the basement; the insurer’s later second survey (report dated 18.10.2016) deviated without explanation and was arbitrary; accordingly the Court set aside the second survey and the contrary findings of NCDRC and remanded the matter for quantification of compensation in accordance with the policy.

Source excerpt

  • Rejection of insurance claim
  • Survey report reliability
  • Seepage versus flood as cause of loss
  • Remand for quantification of compensation
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Insurance

SOHOM SHIPPING PVT. LTD. versus M/S THE NEW INDIA ASSURANCE CO. LTD. & ANR.

The special condition that the 'voyage should commence & complete before monsoon sets in' could not be treated as a condition precedent to bar all liability because, given the voyage from Mumbai to Kolkata and the relevant DGS foul weather periods, compliance was impossible and strict enforcement would produce an absurdity depriving the assured of any remedy; the condition was non-material and was impliedly waived, and therefore the insurer was not entitled to repudiate the claim on that ground, warranting remand to the NCDRC to determine the insured sum payable.

Source excerpt

  • Uberrima fidei
  • Contra proferentem
  • Interpretation of insurance contract
  • Voyage insurance
  • Monsoon/foul weather condition
  • Special condition materiality
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Consumer protection

AKSHAY GUPTA & ANR. versus ICICI BANK LIMITED & ORS.

Having found that the parties fully complied with the settlement terms recorded by this Court, the Bank had no further claim in respect of the loans; accordingly the Court directed the loan accounts be closed as repaid, directed the builder to hand over possession by a fixed date and to issue written acknowledgments, ordered withdrawal of recovery proceedings by the Bank and withdrawal of RERA proceedings by appellants, and disposed of the appeals.

Source excerpt

  • Settlement
  • Recovery proceedings
  • Possession of apartments
  • Loan account closure
  • Acknowledgment of payment
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Consumer protection

M/S CITICORP FINANCE (INDIA) LIMITED versus SNEHASIS NANDA

On the facts, the essential sale transaction was between the respondent and the borrower and there was no privity of contract between the respondent and the appellant; therefore the respondent was not a 'consumer' under the Consumer Protection Act, 1986 and the NCDRC's direction that the appellant pay Rs.13,20,000 (part of the claimed Rs.31,00,000) was unsustainable; the appellant's liability, if any, was limited to satisfying the borrower's Home Loan Agreement obligations (quantified sums) and could not exceed the sanctioned loan amount, hence the impugned NCDRC order was set aside.

Source excerpt

  • Definition of consumer
  • Privity of contract
  • Non-joinder
  • Tripartite agreement
  • Home loan agreement
  • Agreement for sale
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.