Since 2020 is now winding down, we switch on our flashback mode and note that a lot of changes in the name of ‘new normal’ appeared.
Pandemic impacted everything, be it the normal grocery shopping outlets or the justice delivery system mechanisms.
So reflecting back at some of our best stories on Consumer Cases, here’s our snapshot of the same.
Automobiles
Illegal Delivery
“[F]actum of delivery without documents was illegal per se and certainly a deficiency in service. It is not important nor relevant as to what informal arrangement existed between OP 1 and the complainant.”
[Fauzdar Motors v. Lok Nath Kushwaha, Revision Petition No. 1644 of 2008, decided on 01-12-2020]
Banking & Finance
Liability of Bank Misplacing Documents
“When, by its own admission, (the Bank) lost/misplaced the original document of the Complainants, it should have, on its own, in the normal wont of its functioning, got the document reconstructed, handed over the reconstructed document to the Complainants, with courtesy and apology, as also conducted an internal inquiry to fix responsibility as well as undertaken systemic improvements for future.”
[ICICI Bank Ltd. v. Rajesh Khandelwal, 2020 SCC OnLine NCDRC 12, decided on 12-02-2020]
Stock Traders & Demat Account Holders
“If a person engaged in a business or profession other than regular trading in shares, open a Demat Account and occasionally carries out trading in shares, it cannot be said that the services of the broker were hired or availed by him for a commercial purpose, the scale of such trading by a casual investor being very low. Such a person cannot be said to be in the business of buying and selling shares on a regular basis.”
[Vaman Nagesh Upaskar v. India Infoline Ltd., 2020 SCC OnLine NCDRC 469, decided on 28-10-2020]
Courier Services
Liability for a Lost Cheque
What is the scope of courier service provider’s liability for a lost cheque? NCDRC considers
“ [I]tems such as currency, bearer cheque, etc. would not be items loss of which would make the company liable to pay any claim arising therefrom.”
[Rikhab Jain v. Trackon Couriers (P) Ltd., 2020 SCC OnLine NCDRC 481, decided on 06-10-2020]
Education & Learning
Coaching Classes
Coaching Classes do not fall within the definition of ‘Education Institutions’; Matters of Educational Institutions do not fall under Consumer Forum, decides NCDRC
“Coaching Classes cannot fall within the definition of ‘Education Institutions’.”
“Any defect or deficiency or unfair trade practice pertaining to a service provider like ‘Coaching Centres’ does not fall within the jurisdiction of the Consumer Fora.”
[Manu Solanki v. Vinayak Mission University, 2020 SCC OnLine NCDRC 7, decided on 20-01-2020]
Hospitals & Medical Services
Medical Negligence and Liability of Doctor
“‘No cure is not negligence’ — despite reasonable treatment if there is no improvement.“
[Sunandabai Kisanji Dhole v. Vinod Bele, 2020 SCC OnLine NCDRC 126, decided on 22-06-2020]
Right to Sue for Compensation
“Just because a person suffers a bad outcome from medical treatment, does not mean that they have an automatic right to sue for compensation.
A medical error is only considered ‘negligent’ if the healthcare practitioner has failed to take ‘reasonable care’.”
[Anil Kumar Gupta v. Banaras Hindu University, 2020 SCC OnLine NCDRC 462, decided on 05-10-2020]
Deficiency in Service by Hospital
“[R]elease of the dead body of the complainants’ father to some other person, and thereby depriving the complainants of the last rites and cremation and final journey of the deceased, is decidedly deficiency in service within the meaning of Section 2(1)(g) & (o) of the Act 1986.”
[Ernakulam Medical Centre v. P.R. Jayasree, First Appeal No. 273 of 2017, decided on 12-03-2020]
Insurance
Motor Vehicle Insurance
“Insurance Company after accepting the premium, cannot escape from its liability and repudiate the claim on this technical ground.”
[United India Insurance Co. Ltd. v. Sushil Kumar Godara, Revision Petition No. 1984 of 2015, decided on 11-12-2020]
Movies & Entertainment
Film Promo — Exclusion in Movie — Unfair Trade Practice
“I fail to understand the logic behind including a song in the promo but excluding it while exhibiting the movie, unless the intention of the producer is to deceive the viewer by making him believe that the song would form part of the movie while knowing it very well that the said song would not be a part of the movie when it is exhibited in cinema halls.”
[Yash Raj Films (P) Ltd. v. Afreen Fatima Zaidi, 2020 SCC OnLine NCDRC 24, decided on 18-02-2020]
Real Estate
Consumer Claim
“[F]or an ordinary common Buyer – Consumer, the two fundamentals, which are significant and material (are) the ‘Cost’ i.e. the total cost, read with the schedule of making payment and the ‘Time’ (i.e.) the total time period in which possession would be delivered.”
[Ankur Goyal v. Rise Project (P) Ltd., 2020 SCC OnLine NCDRC 465, decided on 14-10-2020]
Delivery of Possession
“It was Builder’s duty itself to mention the date of delivery of possession in the agreement and failure to do so necessarily requires to be read against the Builder. In all contingencies, the Buyer could not have been made to wait indefinitely for possession.”
[Adrian Pereira v. Anita Ronald Lewis, 2020 SCC OnLine NCDRC 466, decided on 16-10-2020]
Restaurants & Food Services
Food Served — Defect — Onus to Prove
“If a consumer complaint is filed alleging some defect in the food served to him in a restaurant the initial onus would be upon consumer to prove that the food served to him was defective or was of inferior quality.”
[Yum Restaurants (India) (P) Ltd. v. Kishan Hegde, 2020 SCC OnLine NCDRC 8, decided on 05-02-2020]
Promotional Offers
“It can only be presumed that the OP facilitating income of the Telecom Company/ service provider by encouraging the customers of Telecom company/ service provider to make use of the services of commercial SMS, will definitely get some benefits out of the increased earnings of the Telecom company/ service provider.”
[Connaught Plaza Restaurants Ltd. v. Kapil Mitra, Revision Petition No. 2731 of 2016, decided on 04-08-2020]
Supermarkets & Consumer Goods
Cosumer Rights
“Consumer has the right to know, before he exercises his choice to patronize a particular retail outlet, and before he makes his selection of goods for purchase, that additional cost will be charged for carry bags, and also the right to know the salient specifications and price of the carry bags.”
[Big Bazaar (Future Retail Ltd.) v. Ashok Kumar, Revision Petition No. 975 of 2020, decided on 22-12-2020]
