Jehangir B Gai

Consumer protection: Delivery platform liable for shortfall in quantity

Section 4(10) of the Consumer Protection (ECommerce) Rules, 2020, casts an obligation on the e-commerce service provider to provide a replacement or refund in case of deficiency in service

Machinery bought for income growth is recognised consumer purchase

NCDRC confirms ruling directing Shivajirao More to refund ₹9.5 lakh with interest to a Maharashtra entrepreneur in grey-board unit case

Consumer protection: Criminal acquittal no ground to deny insurance payout

The National Commission observed that the acquittal of the accused due to lack of evidence could not, by itself, lead to the presumption that no theft had occurred

Consumer protection: Any legal heir can pursue case after consumer's demise

The Delhi High Court emphasised that the Consumer Protection Act must be construed liberally: it permits a remote-degree legal heir or any family member to file a complaint

Consumer protection: Seller equally liable for any defective product

The District Commission pointed out that under consumer law, the seller is equally accountable for ensuring that the buyer receives a defect-free product

Consumer protection: Insurer penalised for unjust insurance claim denial

The National Commission dismissed the argument that only the horse was covered and not the trailer, calling it 'palpably amusing and fantastic'

Consumer protection: Bank held liable for changing policy without consent

The State Commission allowed the complaint and directed the bank and the insurer to be jointly and severally liable for compensating the loss, along with interest at 10 per cent

Consumer protection: No manufacturing defect, no liability on carmaker

The National Commission in A1 Fauz International vs Audi India & Another held that the airbags failed to deploy not due to manufacturing defect, but because the truck did not have rear protection

Consumer protection: Expert opinion crucial for replacing defective vehicle

Any defect identified by the expert would have to be rectified within one month, failing which compensation of ₹5,000 per day would be payable

Consumer protection: Insurer held liable for delay in claim settlement

National Insurance ordered to pay interest and costs after consumer panel finds deficiency in service despite partial settlement of ₹73 lakh claim

Consumer protection: Insurer must prove, not infer, pre-existing ailments

The State Commission noted it could not be inferred from the medical certificate that these ailments were present when the policyholder purchased the policies

IBC not meant to shield violators of consumer rights from prosecution

The Supreme Court observed that staying the penalties imposed by the National Commission would set a dangerous precedent, allowing developers to delay justice by invoking insolvency proceedings

Consumer protection: Legal heir, not nominee, is beneficiary of policy

The high court held that the Insurance Act, a general law, must yield to the Succession Act, a special law that governs the rights of legal heirs

Goods kept in cold store are not bailment, insurer must honour claims

The National Commission disagreed, observing that goods were stored against payment of rent, which could not be termed a bailment

Consumer protection: Aggregator liable for driver's failure to turn up

The State Commission held that though Uber functions as a cab aggregator, it should ensure timely and reliable delivery of services offered through its platform

Consumer protection: Manufacturer held liable for defective hip implant

The National Consumer Commission exonerated the doctor and the hospital but found DePuy and Johnson & Johnson liable for the defective implant

Consumer protection: Doctor can't be blamed for patient's negligence

The National Commission ruled that a doctor who had followed the acceptable line of treatment could not be accused of negligence because the treatment did not succeed

Mis-selling of insurance policies: Full premium should be refunded

The National Commission acknowledged that the complainant, a retiree, couldn't afford a 10-year annual premium and concluded that the agent had misled him

Consumer protection: Flat sale to third party illegal if agreement valid

The State Commission found that termination of the agreement through a lawyer's notice was illegal; a registered agreement can only be annulled through another registered document

Consumer protection: Hotel to face action over swimming pool death

The National Commission concluded that the absence of the attendant and the failure to attempt rescue and revive Neeraj constituted a breach of duty and negligence