NCDRC Archives | Page 3 of 7

Rs. 2 Crores compensation for a bad haircut? Maybe! But not in absence of material supporting claim of loss suffered; Supreme Court asks NCDRC to decide matter afresh

In the case at hand, the woman had sought Rs. 3 Crores compensation, claiming that as a result of the bad haircut, she could not continue to lead her normal busy life as she no longer looked pretty; she had to face great humiliation and embarrassment; her career in the world of modelling was completely shattered; she went into a state of depression. NCDRC had awarded her Rs. 2 Crore compensation but without any material being produced by the woman to quantify the compensation.

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

DECEMBER 2022 WRAP UP: 22 captivating judgments of Tribunals, Regulatory Bodies and Commissions

Presenting to you tour d’horizon of all the significant decisions covered in the month of December 2022 of the Tribunals, Commissions and Regulatory Bodies.

National Consumer Disputes Redressal Commission (NCDRC)

Case Briefs Tribunals/Commissions/Regulatory Bodies

Read how a complainant’s acts and omissions vis-a-vis a JCB machine’s accident, led the NCDRC to draw an adverse inference in favour of the Insurer

In the instant matter the National Consumer Disputes Redressal Commission had to determine whether the complainant's JCB machine had fallen down or overturned for the purposes of an insurance claim

Case Briefs Supreme Court

Supreme Court| ‘Exclusion clause’ destroying the contract entered with knowledge, cannot be permitted to be used by a party who introduced it, to avoid liability

Supreme Court: In an appeal against the decision of the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the commission having

Case Briefs Supreme Court

Supreme Court sets aside NCDRC’s judgment reducing almost Rs. 14 Lakhs of compensation granted by State Commission to Rs. 10,000

Supreme Court: In an appeal filed against the judgment passed by the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Offer of possession of apartments without the amenities promised and arbitrary deduction of earnest money; Read to know whether NCDRC found Mahindra Homes liable for deficient service?

National Consumer Disputes Redressal Commission (NCDRC): The Bench of S.M. Kanitkar (Presiding Member) and Binoy Kumar (Member) while deliberating upon

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Hospitals are vicariously liable for the acts of negligence committed by their doctors”; NCDRC grants compensation of Rs 1 crore to the parents who lost their only child in a corrective surgery for squint eye

Human life is most precious; therefore, it is extremely difficult to decide on the quantum of compensation in medical negligence cases, it is highly subjective in nature.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | In a tripartite contract between the seller, service provider and consumer, the seller and service provider are liable for any defect, deficiency and unfair trade practice on any product sold by them

National Consumer Disputes Redressal Commission (NCDRC): While deciding upon the instant complaint concerning alleged unfair trade practice followed by Flipkart of tampering

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC| Points of law regarding ‘limitation’ and ‘consumer’ should not be raised in revision just for the sake of prolonging a case

“The purpose of looking into the records of the lower fora in revision is principally to see whether any jurisdictional error or material irregularity has been committed, which has to be judged by seeing their orders in the light of the evidence and material placed before them i.e., the material which they were privy to when they passed their orders”

Case Briefs Supreme Court

Indian Dhows sinking & hijacking by Somali Pirates| Delay in repudiating insurance claim cannot be the only factor to presume deficiency in service: SC

Supreme Court: In an interesting case regarding insurance claim, the Division Bench comprising Hemant Gupta and V. Ramasubramanian*, JJ., reversed the NCDRC’s

Case Briefs Tribunals/Commissions/Regulatory Bodies

Infected sponge left in the abdomen of a woman post Caesarian surgery, constitutes medical negligence; NCDRC directs compensation of Rs. 5 lakhs to the aggrieved party

“No amount of money can turn back the time and reverse the harm already done, but receiving compensation for unnecessary surgery or surgical errors can at least help the patient to overcome some of the challenges that lie ahead”

Case Briefs Supreme Court

Explained| Date of dispatch/shipment: Is it when the loading commences or when the loading completes?

Supreme Court: The 3-judge Bench comprising Uday Umesh Lalit, S. Ravindra Bhat*, Pamidighantam Sri Narasimha, JJ., reversed NCDRC’s findings where it had

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

30 Reports to Read from Tribunals and Commissions | April and May RoundUp 2022

Central Information Commission (CIC) Framework of RTI Act restricts jurisdiction of CIC to provide a ruling on issues pertaining to access/right to

Case Briefs Tribunals/Commissions/Regulatory Bodies

A child was found HIV + 2 decades ago, after a blood transfusion; NCDRC reprimands discussion on “ifs” and “buts” as it would be against the object of Consumer Protection Act

National Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member), on finding that a child

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Negligence per se may be declared when …”: NCDRC explains in medical negligence case while awarding Rs 25 lakh compensation plus interest

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a medical negligence case, the Coram of Dr S.M. Kantikar (Presiding Member)

Case Briefs Tribunals/Commissions/Regulatory Bodies

If a person makes an investment in shares, will he be considered a Consumer under S. 2(1)(d) of Consumer Protection Act? NCDRC elaborates in view of ‘earning livelihood’

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath, Presiding Member, held that the complainant was not investing money in the share market

Case Briefs Tribunals/Commissions/Regulatory Bodies

Due to burglary, customers lost their valuable articles from bank lockers. Will Bank be liable for deficiency in service? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agarwal (President) and Dr S.M. Kantikar (Member) expressed that, customer avails

Case Briefs Tribunals/Commissions/Regulatory Bodies

Sudden cancellation of rooms booked for daughter’s marriage 3 months prior on account of maintenance: Is it an acceptable reason? Can consumers claim compensation? NCDRC explains

National Consumer Disputes Redressal Commission (NCDRC): The Coram of R.K. Agarwal (President) and Dr S.M. Kantikar (Member) addressed a matter wherein a

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

18 Reports to Read: Dental Negligence, Shareholders right to remove Directors, Logix & Supertech insolvent and more|Tribunals and Commissions Roundup of March 2022

18 Reports to Read Competition Commission of India (CCI) Star India providing bouquet of channels at lesser prices resulting significant loss in

Case Briefs Tribunals/Commissions/Regulatory Bodies

Dental Negligence | Consensus between dentists and patients essential to standardize treatment plans and methods: No X-ray conducted prior to performing root canal treatment: Read how NCDRC found dentist negligent

National Consumer Disputes Redressal Commission (NCDRC): Expressing that, the consensus between the dentists and patients is essential to standardize treatment plans and