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29 Jul, 2024
By Online Legal India
Published On 26 May 2022
Updated On 10 Jan 2025
Category Consumer Complaint
Along with the expansion of the market, the fraudulent activities of the sellers and manufacturing companies have increased many times. This is also applicable to the service providers, as well. Over time, online transactions for services and products have also increased. When dealing with online platforms, it is typical to get the sellers once a product is sold. So, the new Consumer Protection Act has covered everything to ensure consumer rights.
The Consumer Protection Act of 1986 was a milestone and the recent act was modified and implemented in 2019 with some new regulations considering the new marketing policies, online marketplaces, and so on. No seller or service provider will be able to cheat consumers of the strong Consumer Protection Act in India. Over the years, many milestone cases have ensured and protected consumer rights across India in different segments and states. Let’s learn some of them.
Cases Study
A consumer named Manjeet Singh purchased a used truck by a contract of a hire purchase agreement so that he could pay the amount by installment. The insurance provider of the truck was the National Insurance Company. This truck was stolen by a stranger when he stopped the vehicle for a lift. The stranger fled with the truck. He filed an FIR regarding the fact and claimed insurance from the insurance provider. The National Insurance Company rejected the application by citing that the incident had breached the policy terms of the company and related insurance. Mr. Singh raised a consumer complaint at the District Consumer Dispute Redressal Commission. He also appeared to the state and national commissions to get justice. All of them rejected the case. With stern stamina, he approached the Supreme Court.
The judgment he received
Supreme Court took the case with great concern and informed that there was a breach of the term of the policy but it is sure that the truck was stolen. However, the fact was not enough to terminate the insurance coverage. The court directed to pay 75% of the insured amount along with 9 percent of interest from the date of filing the claim. Besides, the company is also ordered to pay Rs. 1,00,000/- as compensation, harassment, and mental agony happened during the case continuation.
Case Study:
Hindustan Safety Glass Works Ltd raised a consumer complaint against the National Insurance Company when they refused to provide compensation against the damage caused by the heavy rain. They denied on the ground that the claim must be filed within 12 months of the incident. When they appeared with the case in front of the National Consumer Dispute Redressal Commission, they got the right judgment.
Judgment They Received:
The National Consumer Dispute Redressal Commission observed the matter and revealed that the goods were insured during the incident. So, the claim was justified whether they have raised a complaint a bit delay. The insurance company ordered to pay Rs. 21,05,803.89 with 9% interest per annum.
The Case Study:
For the need of the factory and iron work production, Ashok Iron Works Private Limited applied for electricity to the KPTL. For this reason, they paid all the fees and applicable charges in February 1991. However, they supplied electricity in November 1991 with a great impact of financial losses. The electric supply company argued in front of the consumer forum that the Consumer Protection Act of the time did not cover the commercial supply of goods and the complainant was not a single “person”.
Judgement Declared:
The Supreme Court of India observed the matter that any private company is a “person” under the general clause of the company’s act. So, the KPTC has to treat the company as a consumer under the act. They do not provide the final judgment but send the case back to the district forum for retrial and finding a solution.
The Case Study:
The Indian Medical Association allegedly filed a writ petition to exempt medical practices from the Consumer Protection Act. They mention that medical negligence should be dealt with by the experts on the ground under the Code of Ethics.
The Court Judgment:
The Supreme Court held can case with the conception that the medical practices could be brought under the Consumer Protection Act as a “service” except when they are providing treatment for free. Then only, the doctors’ service does not come under the consumer protection act. When the service is not free of cost, it will fall under the Consumer Protection Act. Besides, when the services are provided to the government hospitals for the poor and destitute, and when the treatment policy covers the treatment cost.
Case Study:
Mr Dalbir Singh planned to take medical entrance coaching from Sehgal School of Competition with a fee of 18,734 rupees. After paying the entire fee, he noticed that the coaching provided in the institute was not satisfactory. So, he sought for a refund. They mentioned that the fee is under non-refundable policies. They refused to refund the fee. Mr Singh raised the case in front of the National Commission Consumer Dispute Redressal Commission.
Judgment they received:
The National Consumer Dispute Redressal Commission declared that the non-refundable fee policy is an unfair trade practice. He mentioned the UGCV guidelines and mentioned that the fee must be refunded, deducing only a mandatory charge of Rs 1000/-. However, the Sehgal School of Competition has to pay the litigation charge and the compensation charge for mental agony and deception.
Case Study:
Sapient Corporation Employees Provident Fund Trust is used to maintain the provident fund account with HDFC Bank. The company instructed the bank that all transactions would be postponed until further notice. Still, the back transacted Rs. 1.47 crores for statutory dues to EPFO. The Employees Provident Fund Trust challenges this transaction as a deficiency of service.
Judgement of the case:
All the cases do not go to the favor of the consumers. The National Consumer Complaint Redressal Commission dismissed the complaint with the observation that the ban informed the trust and informed the due time to resolve. However, the trust did not pay attention to it. The trust was penalized Rs 25, 000 for filing a false litigation.
Facts of the case:
Delhi Development Authority took Rs. 5 lac from D. C. Sharma. Afterward, he found out that the plot had already been allotted to a person in 1995. He filed a complaint in the District Consumer Complaint Redressal Commission, but the case was dismissed. He approached the state consumer forum that ruled over the case.
The Judgement He Received:
The National Commission analyzed the case and brought out an observation. DDA’s negligence and miscommunication were observed and the court directed to provide an alternate plot or pay Rs. 30 lac against the escalated price.
Case Study:
Anita Sena Fernandes underwent gallbladder surgery as there was a stone there. After the operation on the gallbladder, she used to feel pain in the abdomen. She then discovered by some tests that there was a lump of gauge in the stomach. He needs a second surgery. He filed a case with the compensation of 50 lac from the doctor or hospital. This case went to the Supreme Court.
Judgement She Received:
The Supreme Court observed the case and rejected it on the grounds of compensation. Besides, there were limitations of evidentiary proof. The court also mentioned that since the operation, there was a huge scope of checking and testing issues from the hospital as she was working in the same hospital where he got operated. Nine years after the operation is not a mere time. She could test and take immediate action. So, the court declared no compensation for the nurse and dismissed them.
Case Study:
Prasanth S. Dhananka, an engineering student was admitted to the Nizam Institute of Medical Sciences (NIMS) with severe chest pain. The tests at the hospital revealed that there was a tumor in the chest. At that time, the malignancy of the tumor was not determined. After the operation, their lower limbs were paralyzed and faced urinary tract infections along with bedsores.
The family raised a case against NIMS and the State of Andhra Pradesh about massive negligence and preoperative tests were not conducted. Besides, they also mentioned that no neurosurgeon was present during the operation, which was mandatory. During the operation consent, it was mentioned only for the tumor excision, yet ribs and blood vessels were removed from the chest. For all these reasons the paralysis happened to the patient.
Judgment They Received:
The Supreme Court discovered significant negligence during the operation in the hospital. So, they found the doctors guilty. So, the court awarded an amount of 1 crore rupees as compensation for the pain the patient is suffering from and the further medical expenses of the patient.
Case Study:
The facts of the case are that Harjol Ahluwalia raised a case against Spring Meadows Hospital about the negligence of doctors and nurses during the treatment of a brain hemorrhage. For their negligence, the patient becomes a permanent vegetative state in the brain hemorrhage. The main issue of the case was whether the parents of the child could seek compensation for the mental agony caused by the effect of negligence.
Judgement They Received
The Supreme Court of India held the impact of the negligence of the hospital for which the child has reached a permanent vegetative state. So, the child requires equipment support and lifetime care by the parents. So, the expenses would be recurring and will increase day by day. So, the parents received compensation for this ground. Supreme Court also mentioned that the observation and the decision taken by the national consumer redressal commission took the perfect granting about the compensation. They received Rs. 28 lac as compensation.
These are the most discussed consumer complaint cases that all consumers should learn. Everyday milestone cases have been recorded. The consumer forum as well as the Supreme Court of India play a great role in establishing consumer rights so that no consumers get harassed by the service providers or sellers. Most times consumers do not know their rights and how to claim them perfectly. This makes the consumers hesitant. If you face such an issue, contact Online Legal India, where you will get a host of legal consultants to show you the right path to solve the issue. What are you waiting for?
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