(941) URBAN IMPROVEMENT TRUST AND ANOTHER Vs. MAGHA RAM [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-08-2023 Consumer Protection Act, 1986 — Section 19 — Revision Petition — Jurisdiction — Public Auction Purchaser — Consumer Status — An auction purchaser, particularly in sales of existing sites, is not considered a consumer under the Consumer Protection Act, 1986. Therefore, consumer forums lack jurisdiction to entertain complaints filed by such purchasers against the auctioning authority. India Law Library Docid # 1882117
(942) AJMER DEVELOPMENT AUTHORITY AND ANOTHER Vs. SHIV CHARAN SINGH CHAUHAN [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2023 Consumer Protection Act, 1986, Section 21 — Revision Petition — Order of State Commission set aside — Rejection of complaint by District Forum upheld — Petitioners challenge to State Commission's order allowing appeal and directing payment of compensation — Petitioners contend complainant defaulted in payment, State Commission erred in holding deficiency in service based on internal note sheet lacking competent authority approval and State government approval prior to demand letter issuance. India Law Library Docid # 1882252
(943) ALOK GUPTA Vs. STATE OF RAJASTHAN AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2023 Consumer Protection Act, 1986 — Sections 2(1)(d), 24-A — Consumer status — Pension dispute — A worker in a semi-government institution can file a consumer complaint regarding a pension dispute. India Law Library Docid # 1882254
(944) MANAGING DIRECTOR & CEO, INDIAN OVERSEAS BANK AND ANOTHER Vs. S.X.J. VASAN, I.R.S. FORMER COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2023 Consumer Protection Act, 1986 — Section 2(1)(d) and Explanation — Consumer — Commercial Purpose — Earning Livelihood by Self-Employment — Banking services used for stock market trading to generate profit constitutes a commercial purpose. However, if the stock market trading is done for earning livelihood by means of self-employment, the person availing the service will still be considered a consumer. The determination is factual and case-specific. India Law Library Docid # 1882332
(945) INDIAN OIL CORPORATION LIMITED Vs. SOURAV DAS AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-07-2023 Consumer Protection Act, 1986 — Deficiency in service — Failure to process insurance claim — Death of persons due to burn injuries from LPG cylinder leakage — State Commission ordered compensation based on insurance policy after finding lack of conclusive evidence of defects in equipment or negligence by deceased — Court finds no illegality in State Commission's findings as the incident was proven by dying declarations and police reports and the failure to process the insurance claim constituted India Law Library Docid # 1882320
(946) GURUMOORTHY, S/O. NAGASUBRAMANIAN, HINDU Vs. THE CANARA BANK AND OTHERS [PUDUCHERRY STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2023 Consumer Protection Act, 2019 — Section 2(7) — Definition of Consumer — Loan for Commercial Purpose — Held, a person availing a loan for business expansion or business purposes, not exclusively for earning livelihood by self-employment, is not a 'Consumer' as defined under the Act. India Law Library Docid # 1882253
(947) BHAVESH TRIBHUVAN VORALIYA Vs. MANAGER, UNION BANK OF INDIA [GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2023 Consumer Protection Act, 1986 Section 2(1)(d) Definition of 'Consumer' complainant's status as beneficiary of funds versus beneficiary of services Bank's contention that complainant is not a 'Consumer' as he did not hire services and name was not in banking records Held, complainant is entitled to funds as per will, but not a beneficiary of bank's 'services' for the purpose of the Act. India Law Library Docid # 1882279
(948) ASHISH DHINGRA AND ANOTHER Vs. EMAAR MGF LAND LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2023 Consumer Protection Act, 1986, Section 2(1)(d) & 2(1)(o) — 'Consumer' and 'Service' Defined — Housing Construction Included as Service — Exception for 'Commercial Purpose' — Test for Commercial Purpose includes nexus with profit-generating activity and business-to-business transactions — Purchase for earning livelihood by self-employment is not commercial purpose — Whether a buyer is a consumer depends on facts of each case. India Law Library Docid # 1882310
(949) CENTRAL BANK OF INDIA AND ANOTHER Vs. VISHAL GUPTA AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-07-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary powers of National Commission — Admissibility of revision — National Commission can interfere with State Commission's order if it causes injustice or the lower forum committed a gross error — Revision admitted on finding flaws in District Forum's proceedings and procedural irregularities. India Law Library Docid # 1882311
(950) HDFC ERGO GENERAL INSURANCE COMPANY LTD. Vs. RAJIV KUMAR AGARWAL AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-07-2023 Consumer Protection Act, 1986, Section 21(b) — Revision Petition — Challenge to State Commission's order — Petitioner challenging State Commission's dismissal of appeal against District Forum's order allowing consumer complaint — Revision petition filed against State Commission's order dated 11.09.2017. India Law Library Docid # 1603469
(951) PUNJAB NATIONAL BANK GUWAHATI ZONAL OFFICE Vs. SRI KAMAL THENGAL C/O THANGAL AUTO SERVICE G.D. ROAD [ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-07-2023 Consumer Protection Act, 1986 — Section 15 — Appeal — Jurisdiction — Payment of amount — appellant bank amalgamated wih Punjab National Bank — Appeal continued against Punjab National Bank. India Law Library Docid # 1882245
(952) SANCHITA CHAUHAN DAUGHTER OF LATE SHAMSHER SINGH CHAUHAN Vs. M/S MANOHAR INFRASTRUCTURE & CONSTRUCTIONS PRIVATE LIMITED AND OTHERS [CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-07-2023 Consumer Protection Act, 2019 — Section 2(7) — Definition of Consumer — Allegation of speculative investor — Onus on opposite party to prove complainant is not a consumer — Mere purchase of multiple properties does not automatically classify a buyer as an investor for commercial purposes — Complainant stated plot was for residential purpose — Absence of evidence from opposite party to prove commercial intent — Complainant falls within the definition of a consumer. India Law Library Docid # 1882103
(953) MR. SHAMEEM UDDIN Vs. THE COUNTRY HEAD OF KUWAIT AIRWAYS AND OTHERS [DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-07-2023 Consumer Protection Act, 1986 Sections 17 & 18 Filing of Consumer Complaint Reliefs sought include refund of ticket money, compensation for business loss, and litigation costs. India Law Library Docid # 1882105
(954) HYUNDAI MOTOR INDIA PVT. LTD. Vs. HARPAL SINGH AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-07-2023 Consumer Protection Act, 1986 — Deficiency in service — Manufacturing defect — Buyer purchased a new car that developed an unusual sound during braking and water leakage from the door shortly after purchase. Despite multiple attempts by authorized service centers to repair the defects, they remained unresolved. The manufacturer's own engineers admitted failure to identify the cause of the noise after extensive checks, indicating a significant manufacturing defect that rendered the car unfit for India Law Library Docid # 1882318
(955) COMMODORE (R) VIJAY KUMAR GAUTAM NM Vs. STERLING HOLIDAY RESORTS AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-07-2023 Consumer Protection Act, 1986 — Deficiency in Service — Unfair Trade Practice — Contractual terms — Complainant purchased membership with assurance of accommodation and VISA assistance — Failed to secure promised booking — Sought refund and cancellation — Opposite Party denied liability based on membership terms, specifically clause regarding RCI exchanges and cancellation period — Lower forums dismissed complaint finding complainant bound by terms, particularly those limiting company's liabilit India Law Library Docid # 1882314
(956) S.M. EINT (BRICK) UDYOG Vs. RAMKESH [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-07-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — Re-appreciation of facts — Revisionary powers are limited and do not permit re-appreciation of factual matrix already considered and decided by lower Fora. India Law Library Docid # 1882315
(957) ICICI BANK LTD. Vs. DIGAMBER VAMAN GURJAR AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-07-2023 Consumer Protection Act, 1986 — Section 2(1)(o) — Definition of Service — Exclusion of Contract of Personal Service — Whether disputes between employer and ex-employee regarding pensionary benefits are consumer disputes — Held, employer-employee relationship falls under "contract of service" which is excluded from the definition of "service" under Section 2(1)(o), therefore, consumer forums lack jurisdiction. India Law Library Docid # 1882319
(958) PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITY Vs. RAJBIR SINGH GILL AND OTHERS [PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-07-2023 Consumer Protection Act, 1986 Deficiency in Service, Unfair Trade Practice Plot Allotment Developer failed to hand over possession with amenities within the stipulated period Developer did not provide evidence of development completion or offer of possession Developer also failed to prove that the complainant purchased the plot for speculation District Commission rightly allowed the refund of the deposited amount with interest, compensation, and litigation expenses. India Law Library Docid # 1882102
(959) CHINMAY CHOWDHURY Vs. STATE BANK OF INDIA AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-07-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Standard of review — This court can interfere with the findings of the lower consumer forums if there is material irregularity or perversity in the orders passed. India Law Library Docid # 1882313
(960) M/S. GAGAN GASTO CARE Vs. PUNJAB STATE POWER CORPORATION LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-07-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition against State Commission order — District Forum's order in favor of consumer allowing complaint and setting aside demand by electricity provider — State Commission allowed appeal of electricity provider and dismissed complaint — Petitioner (consumer) challenging State Commission order on grounds of procedural irregularities in meter testing, violation of regulations, lack of intimation for testing, and pre-determined conclusion India Law Library Docid # 1882316