The Legality of “Execution Appeals” Under the Consumer Protection Act, 1986
by Namrata Chandorkar*
NCDRC
‘Completely erroneous to suggest vacations undermine speedy redressal of consumer disputes’; Delhi HC directs Department of Consumer Affairs to restore vacations in NCDRC
The Court stated that the notion that courts/tribunals have excessive vacations is a common myth, based on a complete misconception as regards judicial functioning and workload. Further, even on working days, judicial work is not confined to presiding over court proceedings and extends well beyond regular working hours.
Penalties imposed by NCDRC are regulatory in nature & do not constitute “debt” under IBC, 2016: Supreme Court
Permitting a stay on regulatory penalties under the guise of insolvency proceedings would undermine the very purpose of the CP Act and embolden errant developers to escape liability through insolvency proceedings.
Forfeiture Clauses in Agreements Must Be Reasonable — Supreme Court reaffirms
by Saloni Kapadia* and Karan Gandhi**
One-sided Developer-Buyer Agreement; SC refuses to interfere in NCDRC’s order to refund amount in excess of 10% of BSP
The Court reiterated that one-sided Agreements, as in the present case, would be covered by the definition of term “unfair trade practice”.
NCDRC remands consumer case regarding theft to Madhya Pradesh SCDRC to be decided on merits
The NCDRC noted that Reliance General Insurance did not take the issue of territorial jurisdiction before SCDRC; therefore, SCDRC basing its decision on the same, was bad in law.
NCDRC directs Oriental Insurance Co. to indemnify NALCO in the matter of damage to Turbo Generator-4 due to fire in its Exciter
“This was not an internal spark but it was a heavy vibration that the roter and the other components rubbed causing the spark of fire at the exciter end that propagated towards the generator. The exclusion clause therefore would not apply”.
NCDRC upholds SCDRC order dismissing claims of manufacturing defect in Mercedes-Benz car due to non-deployment of air bags
The Commission noted that the appellant’s claim regarding non-deployment of air bags due to manufacturing defect, was not well established through any Expert Opinion.
‘Too harsh to foreclose anyone’s right to file written statement merely on conjectures and surmises’; SC sets aside NCDRC order
Supreme Court permitted the appellant to file a written statement on or before 14-10-2024. The respondent/complainants were allowed to file replication, if any, by 06-11-2024 and the affidavit of evidence on or before 09-12-2024.
S. 124 of the Railways Act has an overriding effect vis-a-vis compensation payable as provided under the Railway Accident and Untoward Incidents Rules: NCDRC
“SCDRC was not justified in saying that a person is entitled to more compensation, depending upon the fact of the case than the compensation as provided under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990”.
NCDRC directs Fortis Heart Centre to pay Rs 65 Lakhs compensation for gross negligence in conducting angioplasty
NCDRC pointed out that the Fortis hospital and the assigned doctor ignored the condition of the patient’s lungs and started angioplasty, thereby resulting in severe pulmonary edema within half an hour of beginning the procedure leading up to further complications.
NCDRC finds Care Hospital liable for deficiency in services which led to a patient contracting and ultimately dying due to Hospital Associated Infections
This 24-year-old matter revolved around a sixth-generation leading jeweller of Hyderabad who in 2002 underwent coronary surgery at Care Hospital but developed life threatening complications after the operation.
Delhi High Court refuses to entertain petition against NCDRC Order on territorial jurisdiction objection
When the Court suggested it was not inclined to entertain the writ petition due to territorial jurisdiction, the petitioner’s counsel sought permission to withdraw the petitions. The Court granted this request, allowing the petitioner to take appropriate legal steps.
SC sets aside NCDRC order directing United India Insurance Co. to pay insurance claim for bridge collapsed in 2009, resulting in death of 48 workmen
Supreme Court reiterated that exclusion clauses in insurance contracts are interpreted strictly against the insurer as they have the effect of completely exempting the insurer of its liabilities.
NCDRC stays Maharashtra Consumer Commission’s order directing Honda Motors to replace defective vehicle
The Maharashtra Commission in the impugned order, had concluded that the vehicle had a manufacturing defect, without calling for an expert report on the matter.
Tribunals and Commissions Roundup April 2024 | Maggie Noodles consumer dispute, Bengaluru water crisis, Flipkart’s Liability, missing girls in Andhra Pradesh; and more
The State Commission absolved Flipkart from any liability as it was merely facilitating the sale through its portal. However, it was noted that Flipkart should have displayed a strict attitude vis-à-vis breach of terms regarding sale of counterfeit products on its site.
NCDRC upholds repudiation of claim by Aviva Life Insurance due to violation of ubberima fidei principle by the insured
The wife of the Deceased Life Assured had filed claims as the nominee of her husband’s life insurance policies. However, the claim was rejected as the DLA failed to disclose material facts while availing the policies, thereby violating the principle of ubberima fidei (utmost good faith)
Consumer Dispute| ‘Eggshell Skull rule’ to be applied in Medical Negligence Cases of victims with pre-existing vulnerability or medical condition: Supreme Court
Supreme Court said that the Compensation by its nature must be just, and described the compensation awarded to the appellant as ‘paltry’.