Recent Consumer Court Decisions – Part III 2011

Recent Consumer Court Decisions – Part III 2011

May 14, 2011

BAMS doc fined Rs 3 lakh for causing death by negligence

The extent to which people must be wary of greedy medical practitioners has come into sharp focus in a judgement issued by the Chandigarh Consumer Disputes Redressal Commission. A BAMS doctor at Amritsar who claimed to be an MD admitted a patient of hernia at his hospital. He got the operation done by another doctor who falsely claimed to be an MS. The patient died within four days of the operation.

After losing voice, he loses case against ITC

The State Consumer Forum has dismissed the complaint filed by Commissioner of Customs and Central Excise Deepak Kumar against tobacco giant ITC alleging that he lost his voice after he was detected of cancer of the larynx that was caused due to smoking ITC cigarettes.

Why have sleeper bogies in day trains: Consumer asks NCDRC

The country’s apex consumer forum has dismissed a complaint against the railways for having sleeper bogies in a train running only during the day.

The National Consumer Dispute Redressal Commission (NCDRC) dismissed the complaint against the Southern Railway, saying the queer poser is linked to the policy matter and beyond its adjudication power.

“The issue, in fact, pertains to policy matter in respect of which no consumer complaint can be entertained,” a bench of Justice R K Bhatta and member Vinay Kumar said while dismissing the complaint.

Consumer forum fines SBI for ignoring customer”s problem

The main branch of the State Bank of India (SBI), Sundargarh, about 110 km from here was punished by the District Consumer Redressal Forum for ignoring the claim of a customer and causing him mental harassment.The forum, disposing a claim case filed by Debadatta Naik of Kanaktura village under sadar police
station yesterday ordered payment of Rs.18,000 alongwith a fine of Rs 5000 to Naik within 30 days along with an interest rate of 12 percent.Naik had been to SBI, ATM counter to withdraw money on November 29, 2010.

But the ATM did not operate and money did not come out of the machine.Thinking that the machine was out of order he “cancel” the operation and after two hours again he came to withdraw.But it was found in the slip that an amount of Rs 18,000 has been withdrawn in the morning. He informed the SBI authorities and according to their suggestion filed an FIR with police.Despite repeated request to pay his missing amount, the bank authorities did not listen to him. Naik, finding no other option, approached the forum.Senior advocate Nimai Naik, pleaded for the customer.

Consumer forum slaps Rs 5,000 fine on GDA

A consumer forum here today slapped a fine of Rs 5,000 and three-month imprisonment to the then head of allotment department of the Ghaziabad Development Authority for non compliance of an order passed four years ago. Passing the order, the forum directed the GDA to allot a plot to complainant Narender Jain, who had made full payment for a plot in Govindpuram in 1988 but was never allotted one, the forum chairman A K Shrivastva said.

Insurance firm asked to pay Rs 2 lakh as damages to car owner

Delhi State Consumer Commission has ordered an insurance company to pay over Rs 2 lakh as damages to a man injured in a road mishap involving his Honda City car, dismissing the firm”s contention that it was a case of drunken driving.

A bench of Justice Barkat Ali Zaidi and member Kanwal Inder, while upholding the Delhi district consumer forum”s order, ordered New India Assurance Company to pay a total compensation of Rs 2,14,528 to vehicle owner Ravi Narang. Narang had met the accident on national highway near Gurgaon in 2004. The mishap had resulted in injuries to him, besides damages to the car.

Club Mahindra told to refund Rs 2.08 lakh

The Pune District Consumer Disputes Redressal Forum has directed Chennai-based Mahindra Holidays and Resorts India Ltd., also known as Club Mahindra, to pay Rs 2.08 lakh with 9% annual interest rate to a complainant who was not able avail of its services even after becoming a member.

The forum has also directed the club to pay Rs 10,000 as compensation and `1,000 as litigation cost to the complainant within six weeks.

Iffco-Tokio slapped with fine

In a minor setback to IFFCO-TOKIO, Consumer Forum of Chandigarh has slapped it with penalty of Rs 18,500. According to complainant Suresh Kumar the insurance company did not entertain his claim even though he had valid papers. He was forced to lodge a case in consumer forum which gave verdict in his favour.

Suresh Kumar had a scooter insured by Iffco-Tokio yet he was denied the claim on the ground of submitting licence in the name of a different person. Suresh contested this argument by providing fresh papers from the transport department which the insurance company refused to accept.

Instt sued by student, asked to return fee

Here’s an example of how professional education institutes don’t deliver once they attract students to take their courses, however, the latest judgement by the Pune District Consumer Disputes Redressal Forum will be a lesson to such institutes.

The forum has directed the Academy of Aeronautical & Information Technology, Chinchwad to refund the full fees amounting to Rs 31,650 with an annual interest of nine per cent calculated since 2008, to a student.

Consumer panel sets aside order on car claim

State consumer disputes redressal commission has set aside the order of district consumer forum of March 9, 2010, wherein it had directed Bajaj Alliance General Insurance Company Limited to pay Rs 5 lakh as insured value of the complainant’s car.

Consumer forum awards jail term

The Dakshina Kannada District Consumer Disputes Redressal Forum has ordered a person to undergo simple imprisonment of four months and pay a fine of Rs. 9,000 for his failure to comply with an order passed by it in May 2003.

Gowri Amma (62), of Jalligudde, Bajal, had complained that K. Mahalinga Bhat of Kadri, Mallikatte, had not complied with the order. The forum had directed him to pay her Rs. 19, 800 with interest at the rate of 15 per cent per annum from September 9, 2002 till the date of payment.

Airlines directed to pay up UT district consumer

UT district consumer forum directed Jet Airways to pay Rs 6,403 along with Rs 5,000 as litigation cost to complainant Kanwal Vohra, a resident of Manimajra, who claimed that on June 26, 2010, she along with her family had taken the Delhi-Bangkok flight 9W-064 Jof et Airways. While boarding, the complainant had booked 5 bags at Delhi airport. However, upon arrival at Bangkok, they had found that one was missing. The matter was brought to the notice of local handlers of the respondent in Bangkok, who had lodged a complaint and provided a receipt.

Firm ordered to pay for cutting corners in flat

A consumer forum has ordered a construction firm to pay almost a lakh to a Vile Parle family who were handed over a smaller flat than promised in their building that went in for redevelopment in 2001

City store to pay Rs 10,000 for delay in payment of Rs 186

A delay in paying out Rs 186 in prize money has cost a cellphone retail chain Rs 10,000 after the aggrieved winner approached a consumer forum, citing mental agony over the 14-month wait. Malad resident Rohit Somani bought a cellphone from the Kandivli outlet of The Mobile Store on October 30, 2009, and received a scratch card with the instrument, as part of an ongoing scheme by the chain.

LIC penalised for mental agony to family

The South Mumbai District Consumer Disputes Redressal Forum has fined an insurance company for causing mental agony to a family by not releasing the amount due to them on grounds that the insured did not reveal information about his earlier life insurance policy.

Risk firm in Mumbai fined for mental harassment to elderly man

A senior citizen from Andheri got relief after the Mumbai Suburban District Consumer Dispute Redressal Forum ordered an insurance company and a charitable trust to not only pay the promised medical expense of Rs41,905 but also to pay Rs10,000 each for mental harassment as well as the cost of complaint.

Get your plaints redressed in 90 days

Denied a service or feel cheated by a company or asked to pay for services you haven’t used? Then move a consumer court and get your plaint redressed in just 90 days. While this might look like a distant dream currently, state Consumer Disputes Redressal Commission promises to make it a reality by 2012.

Harassment by loan agents:Bank told to pay damages

A District Consumer Forum has ordered Standard Chartered Bank to pay Rs 6,000 to a man for harassment by loan recovery agents. In December 2007, Nerul-based Subhashish Mitra took a loan of Rs 1,20,000 from Standard Chartered Bank. Mitra claims to have repaid the money within a year and the loan account opened with the bank was closed. In 2009, however, he was served a legal notice stating that a case was pending against him before the Lok Adalat. In his complaint before the forum, Mitra said that even after he had repaid the amount, the bank’s recovery department in Delhi kept calling him for money.

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