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391 judgments · newest first · showing 201–391
The case concerned the administration of the Sri Sabhanayagar Temple at Chidambaram, claimed by the Podhu Dikshitars, a Smarthi Brahmin community, as their religious denomination. The High Court had earlier dismissed the State's order appointing an Executive Officer under the Madras Hindu Religious …
The Supreme Court examined whether the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) could entertain challenges to regulations made by the Telecom Regulatory Authority of India (TRAI) under Section 36 of the Telecom Regulatory Authority of India Act, 1997. It held that the power …
Dr. Kunal Saha filed a consumer complaint after his wife died while being treated for toxic epidermal necrolysis at AMRI Hospital. The National Consumer Disputes Redressal Commission held the hospital and four doctors negligent but reduced the claim, deducted 10% for alleged contributory negligence …
Dr. Jagmittar Sain Bhagat, a former medical officer of the Haryana Health Department, claimed that his retiral benefits, including gratuity and penal rent, were not fully paid after his voluntary retirement in 1985. He filed a complaint before the District Consumer Disputes Redressal Forum in 1995, …
The Supreme Court examined whether industrial/commercial electricity users could file complaints before a Consumer Forum against assessment orders under Section 126 of the Electricity Act, 2003 or actions under Sections 135‑140 of the same Act. The petitioners (U.P. Power Corporation Ltd. and …
The appellants, members of Alaknanda Cooperative Group Housing Society, had paid instalments for flats but the Society refunded their money and terminated their membership alleging default on payments. The appellants filed complaints under Section 12 of the Consumer Protection Act, 1986, seeking …
The appellant's son suffered convulsions and was treated by respondent No.1, an Ayurvedic practitioner, who advertised a total cure and allegedly prescribed allopathic medicines while claiming they were Ayurvedic. The treatment, conducted between 1994 and 1997, worsened the child's condition, …
The Export Credit Guarantee Corporation of India Ltd. (the insurer) issued an export credit insurance policy to Garg Sons International (the insured) which required the insured to submit a monthly declaration of any overdue payments by the foreign importer under clause 8(b). The foreign buyer …
The wife of a deceased patient filed a consumer complaint alleging medical negligence against two doctors who had performed an operation. The doctors contended that, per the Supreme Court’s decision in Martin F. D'Souza, a complaint could not be entertained without an expert opinion, and they sought …
Smt. Khazani obtained a loan from Gurgaon Gramin Bank to purchase a buffalo and insured the animal for Rs.15,000 with New India Assurance. After the buffalo died, the bank failed to process her insurance claim, prompting her to file a complaint before the District Consumer Disputes Redressal Forum, …
Cicily Kallarackal filed Special Leave Petitions challenging Kerala High Court judgments that entertained writ petitions against orders of the National Consumer Disputes Redressal Commission (NCDRC). The Supreme Court examined two issues: (1) whether a High Court can entertain writ petitions under …
Narane Construction Ltd marketed plots for sale, promising development of infrastructure, layout approvals and other amenities, and required purchasers to become members by paying fees. The purchasers alleged deficiencies in the promised services and contended that the company was a service provider …
The Supreme Court examined whether the Copyright Board, under Section 31(1)(b) of the Copyright Act, 1957, could grant an interim compulsory licence while a complaint was pending. The Board had earlier held it lacked such power, but the Delhi High Court reversed that view and directed the Board to …
The case concerned a former High Court judge who, after retirement, served as President of the Madhya Pradesh State Consumer Disputes Redressal Commission for nearly five years. He claimed pension for that period based on a 2002 executive order of the State Government, although the Madhya Pradesh …
Farmers who bought foundation seeds from National Seeds Corporation (NSC) alleged crop failure due to defective seeds and sought compensation under the Consumer Protection Act, 1986. NSC contended that the Seeds Act, 1966 was a special law that exclusively governed seed quality disputes, that the …
The appellant, Nagpur Golden Transport Company, a common carrier, was ordered by the District Consumer Disputes Redressal Forum to pay Rs.3,60,131 to the consignees (Nath Traders & Ors.) for damaged monoblock pumps. The consignees had already paid this amount to the consignor (respondent No.3), who …
The appellant Citicorp Maruti Finance Ltd. entered into a hire‑purchase agreement with the respondent for a Maruti Omni. After the respondent defaulted on monthly instalments, the bank repossessed the vehicle, informed police, and later auctioned it to a third party. The respondent filed a complaint …
The case concerned a complaint by Universal Exports (the consignor) that Trans Mediterranean Airways, an international cargo carrier, misdelivered a consignment intended for Barclays Bank, Madrid, delivering it instead to M/s Liwe Espanola. The consignor sought compensation under the Consumer …
Two consumer complaints were filed before the South Mumbai District Consumer Forum, and the opposite parties objected to the appearance of an authorized agent who was not an advocate. The High Court held that the Consumer Protection Act, 1986 permits parties to be represented by authorized agents …
The case arose from a complaint filed by the wife of the respondent alleging deficiency in service by a nursing home, which was dismissed ex parte by the Maharashtra State Consumer Commission. The Commission later recalled its dismissal order and restored the complaint, prompting the appellants to …
The respondent filed a complaint before the Maharashtra State Consumer Dispute Redressal Commission alleging delay and damage to a consignment shipped by Ethiopian Airlines. The State Commission dismissed the complaint; the National Consumer Disputes Redressal Commission set aside that order and …
The ancient Arulmigu Dhandayuthapani Swamy Temple deposited Rs.1,40,64,300 under the Post Office Time Deposit Scheme in 1995, but the scheme had been discontinued for institutions effective 1 April 1995. The Post Master later refunded the amount without interest, prompting the temple to claim …
The appellant, owner of a bus insured with the respondent insurer, claimed Rs.5,33,782 for damages after a 2003 accident, asserting that the driver held a valid licence. The insurer contested the claim, alleging the driver lacked a valid licence and that the claim amount was excessive. The District …
Birla Technologies developed software modules for Neutral Glass, which later complained of deficiencies. The respondent filed a consumer complaint alleging deficiency in services. The State Consumer Commission dismissed it, holding the respondent was not a consumer. The National Commission reversed …
The petitioner bought a diesel Fiat Siena Weekender and complained of engine rattling noise, leading the dealer to replace the engine and other parts. Unsatisfied, he demanded a new vehicle or a refund of the purchase price and expenses, filing complaints before the District Forum, State Commission, …
The Supreme Court examined appeals by the Chandigarh Housing Board challenging orders of the National Consumer Disputes Redressal Commission which directed the Board to refund earnest money and interest to members of co‑operative housing societies. The Court held that the society members are the …
The Supreme Court heard two separate appeals filed by a builder (Kranti Associates) and Corporation Bank against orders of the National Consumer Disputes Redressal Commission (National Commission) that dismissed their revision petitions without providing adequate reasons. The Court examined whether …
Surjeet Kaur, a student of Maharshi Dayanand University, pursued an M.A. regular course while simultaneously enrolling in a B.Ed. correspondence course, violating the university's Clause 17(b) of its General Rules of Examination. After the university cancelled her B.Ed. results, she appeared for a …
The Maharashtra State Financial Corporation (MSFC) sanctioned a Rs 30 lakh term loan for the complainant's hotel project, disbursing only the first instalment and conditioning further releases on progress reports and interest payments. The complainant failed to submit progress reports, defaulted on …
The student, Geetika Khare, filed a complaint under the Consumer Protection Act, 1986 against Controller, Vinayak Mission Dental College alleging deficiency in service because the college lacked recognition, forcing her to withdraw and causing loss of an academic year and mental harassment. The …
The insured's factory suffered a fire and the insurer, New India Assurance Co., appointed a surveyor, joint surveyors, and later an investigator who alleged arson, before seeking the opinion of former Chief Justice Y.V. Chandrachud who concluded the fire was accidental. The National Consumer …
The insured imported two machines and obtained transit insurance. During road transport only the printer machine was damaged; the film processor remained functional. Surveyor reports and the manufacturer’s engineer confirmed that the printer was extensively damaged and could not be repaired in …
M/s Dilawari Exporters (appellant) exported garments to the USA and handed the consignment to Fourways Movers (respondent No.3), which issued a House Air Waybill and, on behalf of Alitalia Cargo (respondent No.1), a Master Air Waybill. The shipment was delayed, leading the exporter to claim damages …
The Rajasthan Financial Corporation (appellant) had sanctioned a term loan to Commander S.C. Jain (respondent) subject to submission of valid bills and receipts. The respondent repeatedly submitted fraudulent and incorrect documents, leading the corporation to withhold further disbursement of the …
The appellant's wife was admitted to Nikhil Super Speciality Hospital with intermittent fever; the hospital failed to diagnose malaria and treated her for typhoid, leading to her death after being transferred to another hospital. The District Consumer Forum held the hospital negligent and awarded …
The appellant, a carrier, appealed against a complaint filed by the assured (a consignor who was also a consumer) and the insurer under the Consumer Protection Act, 1986, seeking compensation for loss of a consignment. The goods were insured, the insurer paid the assured, and the assured executed a …
The appellants filed a complaint under Section 21 of the Consumer Protection Act, 1986 alleging deficiency in service and medical negligence after the death of the husband who underwent adrenal surgery at Batra Hospital. The National Consumer Disputes Redressal Commission dismissed the complaint, …
The Bikaner Urban Improvement Trust (UIT) allotted plot A‑303 to Mohan Lal in 1991, but in 1998 laid a road through the plot without notice or acquisition proceedings. After the Trust ignored his complaints, Lal filed a consumer complaint in 2005 seeking restoration of the plot or an alternative …
A fire broke out in the appellant's godown at Ambala in February 1999, and the appellant filed a claim petition before the Consumer Commission of Chandigarh in 2000, which was allowed. The National Consumer Disputes Redressal Commission set aside that order, holding that the Chandigarh commission …
The appellant, diagnosed with spinal tuberculosis (Pott's disease), underwent three surgeries that left him handicapped and filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence. The Commission dismissed the complaint, holding that …
The father of a student who lost a year of schooling because his son's examination result was not published filed a complaint before the District Consumer Forum alleging deficiency in service by the Bihar School Examination Board and sought compensation. The Forum, State Commission and National …
The appellant, a telecom authority, disconnected a telephone line for non-payment of the bill. The respondent filed a complaint before the District Consumer Disputes Redressal Forum, which ordered reconnection and payment of Rs.5,000 compensation with interest. The appellant challenged the forum's …
Madan Kumar Singh purchased a truck at a public auction to use for his self‑employment. Although he paid the full consideration, the District Magistrate, Sultanpur and other officials delayed handing over the vehicle for six months and, more seriously, withheld the vehicle's registration documents …
The case concerned the death of Anuradha Saha, who was treated for Toxic Epidermal Necrolysis (TEN) by several doctors in Kolkata and Mumbai. The complainant alleged that the doctors prescribed excessive doses of the steroid Depomedrol and failed to provide essential supportive care, constituting …
ELCM Exports Ltd., an export house, filed a complaint before the National Consumer Disputes Redressal Commission seeking damages for a delayed shipment that was held in a US customs bonded warehouse, causing the foreign buyer to reject the consignment. The Commission dismissed the complaint as …
The consumer purchased a Maruti car in Chandigarh and was charged Rs 7,000 for a catalytic converter that was neither fitted nor required in that city. The consumer sought a refund, and the District Consumer Forum ordered a refund, which was upheld by the National Consumer Disputes Redressal …
The appellant, a tobacco business, took a fire insurance policy for stock stored in a godown which was destroyed by fire on 22-23 March 1988. Although the insurer and the bank were notified, the appellant did not lodge a claim until 1992 and only sought claim forms, which the insurer refused, citing …
The claimant purchased a comprehensive motor insurance policy from New India Assurance Ltd. for his car, which was involved in a fatal accident on 29 February 1992. The insurer denied the claim, alleging that the driver’s driving licence was not valid on the date of the accident because it had …
Sikka Papers Ltd. insured a diesel generating set for Rs.35,00,000 but the set broke down and the insurer appointed a surveyor who allowed reimbursement only for parts damaged in the accident, rejecting claims for wear‑and‑tear replacements. The company paid Rs.25,00,000 for repairs and claimed the …
The Supreme Court examined a complaint under the Consumer Protection Act, 1986 alleging that PGI, Chandigarh and its staff negligently transfused mismatched blood to a burn‑patient, leading to her death. The patient had 50% burns, improved after initial treatment, but after receiving B+ blood …
The case involves a 20‑year‑old engineering student who underwent excision biopsy of a mediastinal neurofibroma at Nizam's Institute of Medical Sciences and subsequently suffered acute paraplegia. The complainant alleged negligence before, during and after the operation and claimed compensation of …
The husband of the complainant had a valid accidental death insurance policy with National Insurance Co. Ltd. and died in a motorcycle accident. The insurer contested the claim, alleging that the deceased's driving licence for a motorcycle was fabricated and that he only possessed a licence for a …
The appellant, N. Kannadasan, was an Additional Judge of the Madras High Court who was not confirmed as a permanent judge and later appointed as President of the State Consumer Disputes Redressal Commission under Section 16 of the Consumer Protection Act, 1986. Writ petitions challenged his …
The case arose from a road accident in which the respondent suffered a hairline fracture of the femoral neck. Dr. C.P. Sreekumar, the treating orthopaedic surgeon, initially immobilised the fracture but later performed a hemiarthroplasty after the fracture displaced. The respondent alleged medical …
The dispute involved a shop allottee who had paid Rs.82,000 and Rs.207,000 for a plot purchased at auction in 1993, but the developer (HUDA) resumed the plot due to non‑payment of further installments. The allottee filed a complaint under Section 12 of the Consumer Protection Act, 1986, before the …
The respondent filed a claim under Section 12 of the Consumer Protection Act, 1986 alleging that the appellant, a dentist, abandoned the treatment of his daughter's teeth, causing pain and suffering. The District Consumer Forum awarded the respondent compensation of Rs.25,000 plus costs, while the …
The Ludhiana Improvement Trust (Trust) had initiated a Model Town Extension Scheme that involved acquiring land from several co‑operative societies, including Shakti Co‑operative House Building Society (Society). The land of the societies was later exempted from acquisition under Section 56 of the …
The appellant, New India Assurance Co., insured a heavy truck owned by the respondent, Pradeep Kumar, which was damaged in an accident. The respondent repaired the vehicle using a bank loan and claimed the repair expenses plus interest from the insurer. The insurer relied on reports of two approved …
The appellant, sister of the deceased Priya Malhotra, alleged that doctors and Bombay Hospital were negligent, leading to Priya's death from peritonitis and renal failure. The National Consumer Disputes Redressal Commission dismissed the complaint for lack of proof of negligence, a decision the …
The complainant, M/s B.S. Agricultural Industries, filed a consumer complaint against State Bank of India on May 5, 1997 alleging deficiency in service for non‑receipt of a demand draft and related documents. The cause of action arose on June 7, 1994 when the bank failed to deliver the draft, making …
The Supreme Court examined whether lessees who obtained leasehold rights to sites in Chandigarh through public auction could invoke the Consumer Protection Act, 1986, on the ground that payment of lease premium instalments and ground rent was conditional upon the administration providing basic …
The insured, Satpal Singh Muchal, had taken a Medi‑claim policy from New India Assurance and disclosed a pre‑existing kidney ailment. The insurer invoked clause 5.9 of the policy to cancel it, refunding a pro‑rata premium, and later refused renewal citing the pre‑existing condition and adverse claim …
The Supreme Court heard an appeal by Buddhist Mission Dental College & Hospital against an order of the National Consumer Disputes Redressal Commission that held the college liable for deficiency in service and unfair trade practice. The college had advertised that it was affiliated to Magadh …
Ashok Iron Works Pvt. Ltd., a private limited manufacturing company, filed a complaint under the Consumer Protection Act, 1986 against Karnataka Power Transmission Corporation (KPTC) for delay in electricity supply. The key issues were whether a private limited company qualifies as a ‘person’ under …
The Bhubaneswar Development Authority (BDA) allotted a MIG house to Susanta Kumar Mishra under a lease‑cum‑sale agreement dated 6‑May‑1991, which required quarterly instalments to be paid from 1‑Sept‑1989 and stipulated interest of 15% per annum on any defaulted instalment. Mishra began paying …
Punj Lloyd Limited, an engineering contractor, filed a consumer complaint against Corporate Risks India Pvt. Ltd., an insurance broker, alleging negligence that caused a loss of over Rs. 5.26 crore in securing insurance for a pipeline project. The National Consumer Disputes Redressal Commission …
Krishna Food & Baking Industry Ltd. and its sister concern operated bakery units in Srinagar that were destroyed by a terrorist fire in 1991. The companies had three insurance policies covering terrorism and fire and claimed full loss for building, plant, machinery, raw materials and stocks. The …
The Haryana Urban Development Authority (HUDA) had originally allotted plots to allottees who later transferred their rights to new buyers (re‑allottees) after price revisions and delays in development. The re‑allottees filed complaints before consumer forums alleging delay in possession and seeking …
M/s. KLM Royal Dutch Airlines appealed against an order of the MRTP Commission that held it guilty of unfair trade practice for a deficiency in cargo service. The complainant alleged that two parcels were delayed, causing loss, and the Commission treated the delay as an unfair trade practice under …
The Supreme Court examined whether an insurance dispute could be referred to arbitration after the insured had executed an undated full‑and‑final discharge voucher. The insured claimed the voucher was signed under coercion and that the insurer had conditioned payment on its execution. The Court held …
The appellant purchased a Tata Sumo and insured it, renewing the policy on 13 February 2002 for Rs 3,54,000. The vehicle was involved in an accident on 10 September 2002 while the policy was in force. The insurer’s surveyor declared the vehicle a total loss and valued it at Rs 1,80,000, whereas the …
The Haryana Urban Development Authority (HUDA) allotted a residential plot to Raj Singh Rana under an allotment letter that stipulated a 7% simple interest rate on instalments of the tentative sale price. After the plot’s acquisition cost was enhanced, HUDA demanded additional payment with interest …
In 1989 PUDA invited applications for higher‑income houses, requiring a Rs 4,000 earnest deposit and expressly stating that no interest would be paid on it. Unsuccessful applicants who did not request a refund of their deposit were later included in a second draw of lots in 1996, after which PUDA …
The appellant, a landowner, entered into a "collaboration agreement" with the builder to construct a residential building and share the constructed area. The builder allegedly deviated from the sanctioned plan, failed to obtain a completion certificate and C&D forms, and did not rectify defects, …
The complainants, exporters of rugs, insured multiple consignments shipped from India to the United States under "warehouse‑to‑warehouse" marine policies covering all risks. The buyer failed to pay and the original documents of title were not presented, leading the exporters to claim loss of the …
The appellant, a chit fund, and the respondent, a prized subscriber, were involved in a dispute over unpaid amounts after the subscriber defaulted on payments. The subscriber approached the consumer dispute redressal machinery seeking a direction for the chit fund to pay a sum, leading to …
Bhavani, a former employee of a Kerala cashew factory, claimed pension under the Employees' Pension Scheme, 1995, asserting she retired on 31‑12‑1995 based on her employer's service records showing her date of birth as 31‑12‑1935. The Regional Provident Fund Commissioner relied on its own records, …
In 1999 Godfrey Phillips India Ltd. ran a newspaper and magazine advertisement for its "Red & White" cigarettes featuring actor Akshay Kumar and the slogan "Red & White smokers are one of a kind". Ajay Kumar filed a consumer complaint alleging that the ad constituted an unfair trade practice by …
The insured, Sehtia Shoes, obtained a shop‑keeper insurance policy from National Insurance Company Ltd. After a fire, the insurer paid Rs 2.72 lakhs as full and final settlement. The insured later filed a consumer complaint alleging that the settlement was signed under coercion and claimed the loss …
Prithvi Raj owned a Mini Bus insured by Oriental Insurance. After an accident, he claimed compensation for damage to his own vehicle, but the insurer denied the claim, alleging that the driver did not possess a valid driving licence. The State Consumer Disputes Redressal Commission found that no …
The appellant, United India Insurance Co., rejected a claim for damages to a vehicle on the ground that the insurance policy was issued in the name of Roopa Sharma and that the vehicle had not been transferred to the claimant, Ram Prakash Raturi, at the time of insurance. The District Consumer Forum …
The Haryana Urban Development Authority (HUDA) appealed against the National Consumer Disputes Redressal Commission's (NCDRC) award of interest at 18% per annum on compensation for an alternative plot allotted after the original plot could not be delivered. The issue was whether a uniform 18% rate …
The appellant, a 44‑year‑old unmarried woman, was admitted for a diagnostic laparoscopy but, while under general anaesthesia, the respondent doctors performed an abdominal hysterectomy and bilateral salpingo‑oophorectomy without her informed consent. The National Consumer Disputes Redressal …
The Tamil Nadu Housing Board (the Board) entered into agreements with allottees for flats constructed on land acquired by the State, stipulating that the final price would be fixed after the land acquisition compensation was determined. The Board later demanded additional amounts, citing increased …
The complainant, Prabhu Lal, claimed compensation from New India Assurance Co. Ltd. after his Tata 709 vehicle was damaged in a collision with a Roadways bus. The insurer contended that the vehicle was a "transport vehicle" and was being driven by the complainant's brother, Ram Narain, who held only …
The owner of a motor vehicle insured with United India Insurance Co. Ltd. suffered an accident while the vehicle was being driven by a driver whose licence was later found to be forged. The owner filed a complaint under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service …
Anwar Ali filed a complaint before the District Consumer Forum alleging that his electricity supply was disconnected without prior notice. The Forum awarded him Rs 50,000 compensation with interest, an order upheld by the State Consumer Disputes Redressal Commission and the National Consumer …
The appeal concerned whether a State Consumer Disputes Redressal Commission can restore a complaint dismissed for default. The appellant argued that the Supreme Court’s decision in Jyotsana v. Bombay Hospital Trust denied such power to State Commissions, while the National Commission relied on New …
The Karnataka Industrial Areas Development Board allotted a 2.5‑acre plot to Nandi Cold Storage Pvt Ltd for a cold‑storage project. Subsequent litigation by the original landowners resulted in a High Court stay order, preventing construction, and the company's loan from Karnataka State Financial …
The petitioners, the State of Uttar Pradesh and others, appealed against a High Court order that directed the State Government to create at least five State Consumer Forums, prescribe salaries and allowances for members, and grant retired High Court judges the same facilities as sitting judges. The …
The Bangalore Development Authority (BDA) introduced a self‑financing housing scheme and allotted 15 HIG houses to Syndicate Bank, which paid the price for 11 of them by May 15, 1989. Delivery of four houses occurred in 1989‑90, but the remaining 11 were delayed until January‑March 1997 due to …
Kishore Lal, an employee insured under the Employees' State Insurance (ESI) scheme, complained that his wife received negligent medical treatment at an ESI dispensary, leading to her condition worsening. He filed a complaint before the District Consumer Disputes Redressal Forum seeking compensation …
The Transport Corporation of India Ltd, a common carrier, was entrusted by Veljan Hydra Ltd with a hydraulic cylinder consignment in 1996. The carrier repeatedly assured the consignee that it was locating the goods but never informed them of any loss, and the consignment was never delivered. Veljan …
M/s Kiran Combers & Spinners held a fire policy with an endorsement for flood covering its building, machinery and stock. In July 1993 heavy floods caused the building to collapse, allegedly due to subsidence of the land. United India Insurance repudiated the claim, relying on a surveyor’s report …
The Hotel & Restaurant Associations, representing owners of large and small hotels, challenged the rates demanded by broadcasters under TRAI's tariff orders, arguing that they are consumers entitled to TDSAT's jurisdiction under Section 14 of the TRAI Act. TDSAT held that the hotels were not …
The respondent, a consumer of electricity, alleged that the meter installed by the appellant was defective and that the demand of Rs.1,07,326 raised for alleged tampering was illegal. He filed a complaint before the District Consumer Disputes Redressal Forum seeking that the matter be referred to …
In 1990 National Insurance Company issued transit insurance for a consignment of NIPHA EXPORTS to Sudan. The goods were damaged and a claim was made, but a dispute arose over who was entitled to the proceeds. After investigations, the claim was finally settled by a letter dated 8 April 1994 and the …
The appellant, a textile showroom owner, insured its stock-in-trade against riots, strikes and terrorist damage. Following bomb blasts in Coimbatore, an armed mob looted and set fire to the showroom, allegedly destroying stock on the ground floor and in two basement levels. The insurer paid for the …
Dr. B.N. Raman, a non‑resident Indian, deposited US$5,000 in a Foreign Currency Non‑Resident (FCNR) account with Standard Chartered Bank in August 1979, which was to mature in November 1984 and was later reinvested at higher rates. The bank later claimed the deposit was prematurely withdrawn in …
The Punjab Urban Development Authority (PUDA) advertised a housing scheme with a tentative flat price of Rs 6.3 lakh, stating that the price could be revised upward. Applicants, including the respondent, applied, signed a proforma undertaking to abide by all terms and to pay any higher cost due to …
The State of Karnataka and the Union of India appealed against a Karnataka High Court judgment that had struck down the proviso to Section 27 of the Consumer Protection Act, 1986 on the ground that it allowed tribunals to impose imprisonment or fine without prescribing a trial procedure, violating …
Indochem Electronic supplied an EPABX telephone system to the Additional Collector of Customs, Andhra Pradesh, with a one‑year warranty and a promise to open a service centre. The system was defective from the outset, and despite repeated complaints the supplier failed to provide satisfactory …
The appellant underwent a prostate operation at Sir Ganga Ram Hospital and subsequently suffered continuous urinary leakage, pain and other ailments. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence and seeking Rs. 40 lakh as …
The Unit Trust of India (UTI), a statutory corporation, issued account‑payee cheques to its unit holders and sent them by registered post. Approximately 1,600 unit holders claimed non‑receipt of cheques worth about Rs 3.35 crore, alleging interception and fraud. The unit holders filed complaints …
The appellant, Brij Pal Sharma, had paid full consideration for a housing plot under two different schemes of the Ghaziabad Development Authority (GDA). In the first case the original Karpoori Puram Scheme was cancelled and a new scheme was launched, leading to a refund claim; in the second case …
The Punjab State Electricity Board (the Board) was appealed against for refusing to supply electricity to a group of agriculturists (Zora Singh and others) despite receipt of security deposits and compliance with formalities. The District Consumer Forums, State Commission and National Consumer …
The complainant filed a consumer complaint alleging that LIC should pay the death claim of his son, who was insured under a policy back‑dated to 28‑April‑1995. The first premium was paid on 21‑August‑1995, making the next premium due on 28‑April‑1996 with a one‑month grace period until 28‑May‑1996. …
The appellant insurer disputed a claim for damage to a taxi when a tree fell on it, arguing that the loss was caused by a storm and therefore excluded under the policy. The complainant initially admitted the storm in his claim and in a letter from his brother, but later produced a meteorological …
A complaint was filed before the National Consumer Disputes Redressal Commission (NCDRC) which the parties agreed to refer to arbitration. An arbitrator was appointed on 19‑May‑1995 and rendered an award on 19‑Aug‑1996, which the Commission accepted. The Supreme Court later held that the NCDRC could …
The Supreme Court examined the procedure for appointing the President of the Haryana State Consumer Disputes Redressal Commission under Section 16(1)(a) of the Consumer Protection Act, 1986, specifically the requirement of consultation with the Chief Justice of the High Court. The Court also …
The farmers, including Sadhu Singh, purchased wheat seeds from Haryana Seeds Development Corporation and a cooperative credit society and alleged poor germination, filing a complaint under the Consumer Protection Act, 1986. The District Consumer Forum, State Commission, and National Commission all …
The Himachal Pradesh government sought to fill a vacancy for President of the State Consumer Redressal Commission by appointing a sitting High Court judge, Justice Surinder Swaroop. The government initially sent a proposal to the Chief Justice, but the High Court pointed out that the appointment …
Polymat India Ltd. and an associate insured their factory premises against fire under two policies issued by National Insurance Co. Ltd. The policies described the location as "factory‑cum‑godown" and the insured answered in the negative to a query about goods stored in the open. After a fire …
The Haryana Urban Development Authority (HUDA) allotted a residential plot to an applicant who deposited earnest money. Clause‑4 of the allotment letter required the applicant to communicate non‑acceptance within 30 days or forfeit the deposit. The applicant mailed a registered notice of …
The appellant and her husband held a joint fixed deposit with an "either or survivor" clause. The husband allegedly pledged the deposit as security for a loan taken by his proprietary firm, and the bank adjusted the deposit against that loan without the wife’s consent. The wife filed a complaint …
Savita Garg filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging that her husband, A.K. Garg, died due to medical negligence at the National Heart Institute. The Commission dismissed the petition on the ground that the treating doctors and nurses …
The Haryana Urban Development Authority (HUDA) allotted a plot to Soma Devi, who paid a substantial sum but was not given possession due to litigation. She filed a consumer complaint seeking a refund; the District Forum ordered a refund with 18% interest, which was upheld by the National Consumer …
The insured, M/s Harchand Raj Chandan Lal, purchased a burglary insurance policy from United India Insurance Co. Ltd. that defined "burglary" as theft involving forcible and violent entry. During the policy period, bags of grain were stolen from the insured's godown without any force or violence, …
The consumer purchased paddy seeds that failed to germinate, resulting in loss of crop. He sued the seller under the Consumer Protection Act, 1986, seeking a refund and compensation. The District Forum ordered both refund and damages; the Karnataka State Consumer Disputes Redressal Commission …
The appellant, an elderly woman, was assaulted and had valuables stolen during a mob attack on a railway train. She claimed the Railway administration failed to provide protection, constituting deficiency in service, and filed a complaint before the Maharashtra State Consumer Commission, which …
The Supreme Court examined a batch of appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) that uniformly awarded interest at 18% per annum in cases of deficiency of service by development authorities. The Court held that the Consumer Protection Act, 1986 has a …
The respondent, a printer, claimed Rs.75,000 for damage to its building and machinery caused by vibration from a bulldozer operating on a nearby road. The insurance policy’s Clause 5 covered "impact by any rail/road vehicle or animal". The insurer argued that the damage was not an "impact" and …
The appellant purchased a new diesel car from Premier Automobiles Ltd. through its dealer, but upon delivery the vehicle had paint defects and faulty piston rings. Despite repeated repairs, the defects persisted, leading the appellant to file a complaint before the District Consumer Dispute …
Members of a cooperative agricultural credit society pledged paddy bags for loans and later disputed the society’s demand for repayment with interest. They approached the District Consumer Disputes Redressal Forum seeking release of the pledged bags or payment of their market value plus compensation …
The appellant, a co‑operative housing society, maintained a savings account with the respondent bank and alleged that the bank dishonestly honored forged cheques, debiting Rs 75,70,352. A complaint was filed before the National Consumer Disputes Redressal Commission (NCDRC) under the Consumer …
Anand Prakash Solanki, a former Special Judge, was appointed President of the District Consumer Protection Forum (DCPF) in Pali and later transferred by the Rajasthan Government to Jalore and then Banswara. He challenged the transfer, and the Rajasthan High Court held that the concept of transfer …
Archana M. Kamath, a current account holder of Canara Bank, challenged the bank's imposition of a Rs. 50 charge for issuing 50 MICR cheque leaves, alleging that the fee was unilateral, without her consent, and contrary to RBI directives. The Bombay Consumer Disputes Redressal Forum ruled in her …
The Supreme Court examined the constitutional validity of the Consumer Protection Act, 1986, particularly the Parliament's power to create a three‑tier consumer dispute redressal system parallel to the regular courts. The petitioners argued that Parliament lacked competence to establish such …
The Cellular Operators Association of India (appellants) challenged the Government's decision to permit Fixed Service Providers to offer Wireless in Local Loop (WLL) with limited mobility, arguing that the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) failed to consider the …
The appellants R.D. Goyal and others challenged the MRTP Commission’s finding that the issue of equity shares linked with redeemable non‑convertible debentures, before allotment, did not constitute "goods" under Section 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969. They argued …
Rabindra Nath Ghosal appeared for an M.A. examination in 1984 but his result was not declared for several years. He later pursued another course, wrote to the University, and filed a writ petition for mandamus to compel publication of his result, which was eventually declared (he had failed). A …
The doctors filed a petition before the National Consumer Disputes Redressal Commission (NCDRC) alleging that a complaint of medical negligence against them should be dismissed or stayed, arguing that the case involved complicated questions of law and fact and that a nine‑year delay in disposal …
The case examined whether a sitting High Court judge appointed as President of a State Consumer Disputes Redressal Commission could continue to function as a judge. A group of advocates challenged the appointment, arguing it created a master‑servant relationship and threatened judicial independence, …
The appellant, Topline Shoes Ltd., challenged a decision of the Gujarat State Consumer Disputes Redressal Commission that it had accepted a reply from the respondent, Corporation Bank, filed after the 45‑day period prescribed under Section 13(2)(a) of the Consumer Protection Act, 1986. The appellant …
Synco Industries filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging that State Bank of Bikaner and Jaipur had frozen its sanctioned working facilities without prior notice, seeking damages of Rs. 15 crore and additional expenses of Rs. 60 lakh. The NCDRC …
The appellant, Vinitha Ashok, filed a consumer complaint alleging medical negligence after losing her uterus during a termination of pregnancy at Lakshmi Hospital. She claimed the doctors performed an unnecessary MTP without ultrasonography, used an improper cervical dilatation device, and failed to …
Sundaram Textiles Ltd. (respondent No. 1) entrusted 125 cartons of goods to Sa Vani Roadlines (appellant) for transport, but the goods were not delivered. The consignor insured the goods with New India Assurance Company Ltd. (respondent No. 2), which paid the loss and obtained a Letter of …
The appellants, retired District Judges, were appointed as Presidents of District Consumer Forums under Section 10 of the Consumer Protection Act, 1986. The Punjab Government issued an order on 25‑January‑1996 directing that the pension they received as retired judges be deducted from the salary …
The appellant, Mis Hani Lera Textiles Ltd., held fire insurance policies with Oriental Insurance Co. for its mill premises, including a blow‑room that was inspected and charged a higher premium in November 1994. A fire in December 1994 destroyed most of the mill but not the blow‑room. After the …
Charan Singh underwent surgery at Healing Touch Hospital and alleged medical negligence that left him paralysed on the right side, resulted in the loss of a kidney, loss of employment and substantial expenses. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) …
The Supreme Court examined the practice of the National Consumer Disputes Redressal Commission (NCDRC) referring consumer disputes to a retired judge for "consensual adjudication" and then treating the award as its own order. It held that the Consumer Protection Act, 1986 does not empower the …
Ghaziabad Development Authority (GDA) advertised several schemes for allotment of developed plots, collected deposits from allottees, and then failed to deliver possession within a reasonable time. The aggrieved allottees obtained orders from the MRTP Commission, Consumer Forum and High Court …
V.C. Grover obtained an overdraft facility from Bank of India by pledging shares and later requested the bank to sell 500 of those shares to clear part of his overdraft. The bank delayed the sale for several months, during which the share price fell dramatically, causing Grover a loss. He filed a …
Smt. Santra, a poor labourer with seven children, underwent a sterilisation operation at a government hospital under the family‑planning scheme and was issued a certificate stating the procedure was successful. She later became pregnant and gave birth to a child because only her right fallopian tube …
The petitioner, a common carrier governed by the Carriers Act, 1865, filed a petition before the National Consumer Disputes Redressal Commission alleging loss due to the carrier's negligence. The issue was whether Section 9 of the Carriers Act, which places the burden on the carrier to prove absence …
Birla Yamaha Ltd. booked Patel Roadways Ltd. to transport 267 generator sets, which were destroyed in a fire at the carrier's godown. The complainant filed a petition before the National Consumer Disputes Redressal Commission alleging deficiency in service and seeking compensation. The Commission …
R. Srinivasan filed a complaint before the State Consumer Disputes Redressal Commission seeking damages for loss to his insured vehicle. The complaint was dismissed for default and his application for restoration was also rejected. He then filed a fresh complaint before the District Consumer …
Modern Insulators Ltd. purchased an All Risk Insurance Policy from Oriental Insurance Co. for a kiln installation. When the kiln furniture collapsed during trial, the insurer refused to pay, claiming an exclusion clause for second‑hand property that the insured alleged was never disclosed. The State …
The appellant, Oberai Forwarding Agency, was hired to transport a consignment of broken rice, which was lost in transit. The consignee (second respondent) claimed the loss from New India Assurance Co. Ltd. (first respondent), which paid compensation and obtained a "Letter of Subrogation" and a …
Shiv Kumar Joshi, a member of the Employees' Provident Fund Scheme, complained before the District Consumer Forum that the Regional Provident Fund Commissioner delayed payment of his provident fund, alleging deficiency in service. The Commissioner appealed, arguing that the scheme was not a …
The appellant booked a journey from New Delhi to New York with KLM (respondent No.1) and also secured an earlier connecting flight with TWA (respondent No.2). At Amsterdam, KLM staff, suspecting irregularities in his US visa (photocopy of photograph and dual bookings), delayed his onward travel for …
The Kalpavruksha Charitable Trust operated a diagnostic centre and purchased a CT‑scan machine, charging patients for its use while providing free services to only ten percent of them. The National Consumer Disputes Redressal Commission held that the Trust was not a consumer under the Consumer …
The Life Insurance Corporation (LIC) offered a Salary Savings Scheme under which Delhi Electric Supply Undertaking (DESU) deducted insurance premiums from its employees' salaries and remitted them to LIC. DESU failed to remit premiums for two months, after which an employee died and his widow …
The Union Bank of India issued a bank guarantee for Dany Dairy & Food Engineers Ltd., which was later invoked by Seppo Rally OY, a Finnish company. Payment under the guarantee was delayed because the bank had to obtain permission from the Reserve Bank of India to remit the amount in foreign exchange …
Tulip Park Co‑operative Housing Society Ltd filed a complaint before the National Consumer Disputes Redressal Commission under the Consumer Protection Act, 1986, alleging that the builder, SAi Overseas Import and Export, delivered only 29,788.34 sq ft of saleable area instead of the 34,361 sq ft …
Ashok Gangadhar Mara Tha owned a Swaraj Mazda truck classified as a light motor vehicle and insured it with Oriental Insurance. The vehicle was totally damaged in an accident, but the insurer denied the claim, alleging that the driver held only a licence for a light motor vehicle and not for a …
The appellants, promoters of an apartment complex, sold a flat to the respondent’s minor daughter for Rs. 2,10,000 and delivered possession in September 1985 but failed to execute a sale deed. The respondent filed a complaint under the Consumer Protection Act, 1986 on 19 June 1992 seeking specific …
The insured, having procured multiple fire insurance policies, received claim payments after a fire loss and voluntarily executed discharge vouchers stating full and final settlement. He later filed a complaint before the State Consumer Disputes Redressal Commission seeking interest on the …
The respondents entered into a 1987 agreement with Lata Construction for the purchase of a flat, paid substantial sums, but the flat was never delivered and was later occupied by another. In 1991 the parties executed a fresh agreement providing for compensation of Rs.9,51,000 in lieu of the flat, …
Sovintorg (India) Ltd. deposited a cheque for Rs 1 lakh with State Bank of India in June 1983; although the cheque was cleared, the proceeds were not credited to its account for seven years. The company claimed compensation, damages and 24% interest under the Consumer Protection Act, 1986. The State …
The respondent filed a consumer complaint alleging that India Photographic Co. Ltd., a distributor of Kodak film rolls, sold the rolls without printing the sale price on each package, contrary to Rule 6(1)(t) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The District …
ICICI filed an application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 seeking recovery of about Rs 36.5 crore from Grapco Industries Ltd. and others. The Debts Recovery Tribunal, on the same day, issued an ex‑parte injunction restraining the …
The appellant M.R.F. Ltd. challenged a consumer complaint alleging a defect in a tyre and tube that had burst. The complainant had handed the tyre and tube to the dealer, who forwarded them to the appellant, and therefore the complainant no longer possessed the goods. The District Forum was required …
The Life Insurance Corporation of India issued a life insurance policy on 31 March 1990, which the insured back‑dated to 10 May 1989 and paid premiums for that period. The insured’s minor daughter committed suicide on 15 November 1992. Clause 4‑B of the policy limits the insurer’s liability to the …
A minor child was admitted to Spring Meadows Hospital for typhoid treatment. A nurse administered an injection without proper testing, causing the child to suffer cardiac arrest, brain damage and a vegetative state. The parents filed a complaint under the Consumer Protection Act, 1986, seeking …
New India Assurance Co. Ltd. issued two marine insurance policies to cover consignment of computer waste from Antward to Bombay. The vessel was diverted to Muscat due to a port strike and the insurer stipulated that the goods must be re‑shipped within 60 days, otherwise liability would cease. The …
The petitioner, G. Y. Mandrekar, purchased a commercial tipper truck from Tata Engineering and Locomotive Co. Ltd. and, after running it for about 9,000 km, discovered several defects including worn tyres, improperly fixed front axle pins, and excessive vibration. Despite repeated complaints and …
The petitioners obtained two loans from Syndicate Bank, but the bank disbursed only part of the amount. They claimed that this deficiency in service prevented them from conducting their business, leading to losses, and filed a consumer complaint for damages. The lower tribunals dismissed the …
The Gujarat Maritime Board (GMB) financed the purchase of a vessel, taking a mortgage over it and requiring the borrower to obtain a comprehensive risk insurance policy assignable to the Director of Ports. The borrower sold the vessel to Haji Daud, who later claimed the insurance proceeds after the …
Mis Cheema Engineering Services sold a brick‑making machine ("Brickman") to Rajan Singh. The dispute centered on whether Singh used the machine for self‑employment, i.e., exclusively to earn his livelihood, or for a commercial purpose, which would exclude him from the definition of "consumer" under …
The appellant filed a complaint before the District Forum, Bankura, alleging inflated telephone bills and obtained an interim order directing the respondent not to disconnect his line on condition of a Rs 4,000 deposit, which he complied with. The respondent appealed to the State Commission, which …
M/s. Fair Air Engineers Pvt. Ltd. entered into a contract with N.K. Modi to install a centrally air‑conditioned plant in his house. After alleged breach, the respondent filed a complaint before the State Consumer Commission, which stayed the proceedings and ordered the parties to arbitrate under …
The appellant Indian Bank forwarded Bills of Exchange to a French bank on behalf of the respondent M/s. Satyam Fibres, which later went into liquidation. The respondent claimed the bank was negligent for not securing co‑acceptance of the bills, relying on a covering letter (letter No. 2776) that …
The State of Gujarat appealed against an order of the National Consumer Disputes Redressal Commission which had upheld a Gram Panchayat's claim to a subsidised electricity rate. The appellant argued that the question of pricing did not fall within the jurisdiction of the consumer redressal forums. …
The appellant, Poonam Verma, sued Dr. Ashwin Patel (a registered homoeopathic practitioner) and Dr. Rajeev Warty for negligence after her husband died following treatment with allopathic medicines prescribed by Dr. Patel, who was not qualified to practice allopathy. The National Consumer Disputes …
Bharathi Knitting Co. contracted DHL Worldwide Express to transport a cover containing export documents, which failed to reach the consignee in time, causing the buyer to pay a reduced amount and the appellant to claim a loss of Rs.4,29,392.60. The courier’s consignment note contained a limitation …
The petitioners, members of Paschim Banga Khet Mazdoor Samiti, filed a writ petition under Article 32 on behalf of Hakim Seikh, who suffered serious head injuries after falling from a train and was repeatedly denied admission in several government hospitals due to lack of beds and facilities, …
Haribandhu Setha, a government servant, filed a consumer complaint under the Consumer Protection Act, 1986 seeking damages from the State of Orissa. The State Commission and later the National Consumer Disputes Redressal Commission awarded Rs.1,00,000 against the State. The State appealed to the …
Ashish Handa, an advocate, challenged the appointment of former High Court Judge M.R. Agnihotri as President of the Haryana State Consumer Disputes Redressal Commission, alleging non‑compliance with the proviso to Section 16(1)(a) of the Consumer Protection Act, 1986 which requires consultation with …
S.P. Goel applied to register a will, but the Sub‑Registrar impounded it, deeming it a deed of conveyance that was not duly stamped. The Collector of Stamps required additional documents and payment of stamp duty before registration could proceed. Goel filed a complaint under the Consumer Protection …
Rajeev Metal Works applied to the District Industry Centre for 300 MT of galvanized steel sheets, which were to be procured by the statutory agency MMTC Ltd. on its behalf. MMTC pooled requirements, placed a consolidated indent with a foreign seller, but could supply only a portion of the quantity; …
The Supreme Court examined whether medical services rendered by doctors, hospitals and nursing homes fall within the definition of "service" under Section 2(1)(o) of the Consumer Protection Act, 1986, and thus attract consumer‑redress. It held that services provided for consideration – even if …
The Housing Board of Haryana issued additional price demands to allottee families after a land price escalation, which the allottee association contested before the District Consumer Forum. The Forum quashed the Board's demand and the Board appealed to the State Commission, which dismissed the …
Laxmi Engineering Works, a small‑scale proprietary concern, bought a CNC universal turning machine from P.S.G. Industrial Institute and alleged it was defective, claiming Rs. 4 lakhs. The Maharashtra Consumer Disputes Redressal Commission allowed part of the claim, but the National Consumer …
Shri K. Kumar died in a bus accident in 1990. The Consumer Protection Council, Tamil Nadu, filed a claim before the National Consumer Disputes Redressal Commission (NCDRC) on behalf of his legal representatives, seeking compensation. The NCDRC awarded Rs. 5.10 lakh without addressing the question of …
The Consumer Unity and Trust Society filed a complaint against Bank of Baroda alleging loss of banking services due to an illegal 54‑day strike by the bank’s employees. The society claimed compensation for interest on overdrafts, wharfage, demurrage and other consequential losses. The National …
Morgan Stanley Mutual Fund, a SEBI‑registered domestic mutual fund, sought to issue a public fund scheme after obtaining SEBI approval for its draft scheme and advertising the issue. A prospective investor filed a petition before the Calcutta District Consumer Disputes Redressal Forum seeking an …
Om Prakash booked a tractor on 12‑12‑1990, paying an advance and was first on the dealer's booking list. The dealer delayed delivery, supplied tractors to lower‑ranked customers, and when the tractor was finally delivered on 21‑9‑1991 the price had risen, causing a loss of Rs 40,690 to the consumer. …
Dr. P. Kamalasanan obtained an LPG connection through Karthika Gas Agency, an authorized distributor of Indian Oil Corporation, but did not receive a subscription voucher. When he sought regularisation of the connection, the corporation refused, prompting a complaint before the Consumer Redressal …
The Lucknow Development Authority (LDA) developed a housing scheme and allotted a flat to M.K. Gupta, who paid the full price but was not given possession because construction was incomplete. Gupta filed a complaint before the District Forum under the Consumer Protection Act, 1986, alleging …
The Supreme Court examined the sluggish implementation of the Consumer Protection Act, 1986, specifically the failure of many States and Union Territories to establish District Forums as mandated by Section 9. The petitioners, a registered society, sought directions under Article 32 to compel the …
