1.
NCDRC vide order dated 07-07-2006 in the case of Maharshi
Dayanand University, Rohtak V/s Ms Parul Midha revision
petition No. 1933-34 of 2005 held that performance of
statuary duty by university or college in laying down
Rules / Regulations in conducting examinations and eligibility
criteria to appear in the examination and such other activity
cannot be consider to be hiring of services or fees.
But it has also been observed that giving
of admissions to the students by recovering fees and in
such cases if there is any disputes regard in the validity
of such admissions or irregularity by such institution
in giving admission, disputes would be covered under the
Consumer Protection Act.
2.
NCDRC vide its order dated 21-08-2006 in the case of Shri
J.L.Sethi and Others V/s Seniors Citizens Home Complex,
Greater Noida in revision petition No. 3129 of 2005 and
directed the respondent to refund the amount of Rs. 6,30,000/-
with interest @ 12 % per annum from the respected date
of deposits and also the litigation cost of Rs. 25,000/-.
I this case
the complainants have sought of refund of amount as the
opposite party would not construct a flat within stipulated
period
3.
NCDRC vide its order dated 03-12-2004 in the case of M/s
Harsolia Motors V/s M/s National Insurance Co. Ltd. in
Appeal No. 159 of 2004 held that if the goods are purchased
for resale or for commercial purpose only than consumer
would be excluded from the Consumer Protection Act. Whereas
goods are purchased for his use at his residential or
even his office, it cannot be held to be for commercial
purpose. Meaning thereby profit is the main aim of the
commercial purpose.
Concerning
all this it was held that a person who takes insurance
policy to cover the risks does not take the policy for
commercial purpose. Policy is only for actual loss and
it is not intended for generate of profit
4.
NCDRC vide its order dated 25-04-2005
in the case of Shri Pravat Kumar Mukerjee V/s Ruby Journal
Hospital in original petition no. 99 of 2002, observed
that once the treatment has started it would mean that
the complainant has hired the services may be at the relevant
time the consideration was not fix or paid but it was
promised in emergency cases.
In this present
case treatment has started and withdrawn and the withdrawal
can not be justified on any ground. There was not justifiable
ground for this discontinuing the treatment. The court
found that the patient was refused treatment only on the
ground that the persons who brought him in the hospital
were not in the position to deposit the amount of Rs.
15,000/-
The Apex Court directed responded to pay in all Rs.10,00,000/-
to complainant as compensation for mental pain and agony.
5.
NCDRC vide its order dated 22-09-2006 in the case of Delhi
Transport Corporation V/s Shri Mukhtyar Singh in revision
petition No. 2349 of 2006 has confirmed the order of state
commission which ordered DTC to compensate complainant
for harrassment and mental agony.
In the present
case a very old a sick person was manhandled by the staff
of DTC on the ground that he failed to produce the certificate
that he was a senior citizen. When even a weak eye sight
can say that his age would be above than 70 years. The
senior citizen pass was snatched by DTC Staff from him
and he was asked to purchase a ticket.
6.
NCDRC vide its order dated 09-10-2006 in the case of Union
Government of India V/s Shri Subhash Chand Jasuja and
others in revision petition No. 78 of 2001 held and confirmed
the order of State Commission and directed the Union Government
of India to compensate the complainants by refunding Rs.
1,240/- being the difference of railway fair and also
pay Rs 10,000/- as compensation to each of the complainants
and also Rs. 1,000/- as cost of litigation.
It was alleged
that complainant were given confirmed reservation but
while on journey no first class compartment in the train
was available. Complainant requested for second AC and
paid extra fair but they were shocked to know that did
not figure in the reservation list.
The Apex
Court held that the Railways Authorities were liable for
reservation.
7.
NCDRC vide its order dated 10-10-2006 in the case of Shri
Shiv Kumar Gautam V/s Ms Alima B and others in revision
petition No. 586 of 1999 held that there has been clear
deficiency in Service and negligence on the part of petitioner
in giving allopathic treatment while it is admitted that
the petitioner is a homeopath doctor. The complainant
was administered allopathic treatment negligently and
the petitioner left the patient when his condition deteriorated.
The Apex
Court confirmed the award of compensation of Rs. 62,600/-
8.
Delhi State Commission headed by Justice J.D. Kapoor has
held as illegal the practice informing a consumer about
his monthly bills through SMS and directed that they should
do so by sending letters giving details of such services.
The court reiterated and told TRAI to devise a mechanism
so that mobile services providers share the identity of
callers.
The Commission
directed all mobile services providers to write to individual
consumers informing them DND (Do Not Disturb) Service.
The state consumer commission has thus imposed a ban on
unnerving Calls and SMS and violation may result to punishment.
9.
NCDRC vide its order dated 06-09-2006 in the case of Shri
Mukesh Kumar Agarwal V/s Nagar Palika Parishad, Haldiwani.
The complainant deposited Rs 200/- for cleaning of septic
tank, but despite several inquires and request nobody
turned up. The complainant had to get tank cleaned on
his own.
The Apex
Court held that Nagar Palika Officers are not only responsible
for providing amenities but also to behave properly.
10.
NCDRC vide its order dated 12-12-2006 in the case of Akhil
Bhartiya Upbhokta Congress V/s M/s Aggarwal Jewellers
in revision petition No. 3020 of 2003 held that in future
respondent shall emboss a mark indicating its Quality
and Purity before selling ornaments
The Apex
Court directed the Government that only awareness among
consumers will not be sufficient, hall marking should
be make compulsory.
11.
NCDRC vide its order dated 12-12-2006 in the case of Mrs.
Sheela Hirba Naik Gaunekar V/s Apollo Hospitals Ltd.,
Chennai in Original petition No. 103 of 1997 held that
the patient died due to deficiency of service and negligence
on the part of Apollo Hospital Staff, the patient had
giddiness and had fallen in the bathroom and was restless.
These all mere indication seriousness but doctors and
staff of hospital did not care which resulted into dead
of Mr. Gaunekar.
The Apex
Court directed the Apollo Hospital to pay a nominal amount
of Rs 2,00,000/- along with interest as compensation to
the wife of the decrease.
12.
Supreme Court of India in its decision in case Lucknow
Development Authority V/s M.K. Gupta (1994) 1 SCC 243,
observed that development authorities also come under
the preview of Consumer Protection Act and construction
of plot and houses are covered within the definition of
Consumer Act
The Apex
Court held that for better administration/governance the
aforesaid law is required to be implemented so that the
welfare schemes framed by the Government reach the common
consumer and the objects of such schemes are not frustrated.
The court further directed the department concern to pay
the amount to the complainant from the public fund immediately
but to recover the same from those who are found responsible
for such unpardonable behaviour by dividing it proportionately
where there are more than one functionaries.