Latest news with #NationalConsumerDisputesRedressalCommission
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Business Standard
28-06-2025
- Health
- Business Standard
Consumer body backs medical negligence claim, awards ₹10 lakh compensation
The National Consumer Disputes Redressal Commission upheld a state consumer commission order holding a doctor responsible for medical negligence while reducing the compensation for mental agony to Rs 10 lakh, according to an official order. The commission comprising presiding member Bijoy Kumar and member Justice Saroj Yadav, was hearing the appeal filed by Dr P Yashodhara challenging the March 2019 order of the Andhra Pradesh State Consumer Disputes Redressal Commission awarding Rs 30 lakh as compensation to the complainant for mental agony, along with other costs, after holding the doctor guilty of medical negligence. The complainant, K Sreelatha, alleged that because of the doctor's negligence during a forceps delivery performed on April 17, 2011, the baby suffered serious crush injuries to the scalp and his right ear pinna was also crushed and detached. Sreelatha further alleged that due to these injuries, the baby sustained brain damage and had become mentally disabled. In an order dated June 6, the national commission said that the doctor's hospital did not obtain "informed consent" for surgery, and the baby suffered injuries on his scalp and perichondritis of the ears, evidenced by the discharge summary of the second hospital wherein the baby boy was admitted for further treatment. The commission, however, said that it was difficult to correlate the injuries suffered on the scalp with the subsequent "mental retardation" suffered by the boy as no evidence for it was submitted. "The state commission has gone into detail and given a well-reasoned order, and we find no illegality in holding the appellant doctor responsible for the injury caused to the scalp of the baby, which had necessitated further treatment in another hospital. Thus, medical negligence is established," it added. The commission also said that the compensation of Rs 30 lakh awarded for suffering mental agony appeared to be on the higher side, and the state commission did not provide any finding on how the amount was arrived at. It said, "There is a stay of around one and a half months in Chennai for the treatment in the second hospital. For this period, the amount of Rs 10 lakh as compensation would be in order considering the quantum of injury and the gravity of negligence in using forceps." The commission also directed payment of Rs 72,530 for the treatment expenses and Rs 50,000 for litigation costs.
Time of India
26-06-2025
- Business
- Time of India
Arrest realtor for delay in delivery, refusing refund, orders NCDRC
NEW DELHI: Keeping home buyers in the lurch by delaying construction of a housing project for more than a decade and then defying the National Consumer Disputes Redressal Commission's order to refund the money cost dearly a Bengaluru-based real estate company as the commission issued an arrest warrant and directed the city police commissioner to arrest its managing director and bring her before it. Tired of too many ads? go ad free now The commission had earlier issued a bailable warrant against Disha Choudhury, the managing director of company Dreamz Infra India Ltd for not complying with its order to appear before it. Left with no option, a bench of Justice Inderjit Singh and Sadhna Shanker directed her arrest. The court passed the order on a plea of homebuyers who approached the commission through advocate Chandrachur Bhattacharya seeking execution of commission's 2022 order to refund the money which was upheld by the SC also. The commission had in 2022 directed Dreamz Infra India Ltd to complete construction and offer possession to the homebuyers along with delay interest of 9 % per annum or refund the money. Thousands of buyers who had booked flats in the housing projects in Bengaluru in 2012 were cheated by the company as they were promised possession in 2014 but were left waiting for their flats even after 11 years of the deadline. NCDRC had in April issued bailable arrest warrants against Choudhary with directions to release her on personal bail bond of Rs 10 lakhs with one surety of the like amount but the city police informed the commission that it could not locate her to execute the warrants.
Time of India
23-06-2025
- Business
- Time of India
‘Interest on refund is like compensation in consumer disputes'
New Delhi: The National Consumer Disputes Redressal Commission (NCDRC), while holding builders liable for deficiency in service, observed that in consumer cases, awarding interest along with a refund serves as a form of compensation. The commission's bench of Justice Sudip Ahluwalia and Sadhna Shanker was hearing an appeal filed by a builder against the orders of a state commission. The state commission had found the builder's service deficient and directed a refund of Rs 34,27,747 with 12% interest, Rs 1 lakh as compensation, and Rs 11,000 as litigation costs to the complainant. On June 16, NCDRC modified the state commission's order based on legal precedents. It set aside the Rs 1 lakh compensation but increased the litigation costs from Rs 11,000 to Rs 40,000. In 2011, the complainants booked a flat in a project by Barnala Builders on the Chandigarh-Ambala Highway after seeing advertisements that claimed it was fully developed and clear of legal issues. They paid a large portion of the price, but the builder did not provide the buyer's agreement at first. Later, the builder gave them an agreement with many unexpected and unfair terms. The complainants also received several arbitrary service tax demands without a proper explanation. Despite paying over Rs 34 lakh, they were only given a paper possession letter, while actual development, utility connections, and statutory certificates were still missing. They asked for a refund, but the builder only threatened forfeiture. They filed a complaint before the state commission of Punjab in 2014. The commission in 2016 held that the builder had been deficient in service and ordered a refund of Rs 34,27,747 with 12% interest, Rs 1 lakh compensation, and Rs 11,000 as litigation costs. Aggrieved, the builder filed an appeal before the National Commission. The national commission reaffirmed that in consumer cases, giving interest and a refund is a kind of compensation.
Indian Express
28-05-2025
- Business
- Indian Express
Delhi court orders FIR against developer for 17-year delay after payment of Rs 33 lakh for construction of shop in Rohini mall
A Delhi court Saturday directed the registration of an FIR against Parsvnath Developers for a 17-year delay in the construction of a shop in a mall in Sector 10, Rohini, for which the customer had allegedly paid Rs 33.5 lakh. This is the eighth FIR to be lodged against the company and its directors for allegedly duping various people who paid for houses and commercial spaces. 'In all the above-mentioned FIRs, the allegations are more or less similar against the accused persons that they received handsome amount from the investors on the pretext to providing them flat/shop etc. but they never completed their part of liability resulting in FIR against them. Therefore, it can be safely said that accused persons are adopting the same modus operandi with their investors for the purpose of inducing them to invest in their projects,' said Additional Sessions Judge Dhirendra Rana of Rohini Court in his order dated May 24. The court was hearing a revision petition filed by a complainant, Amrit Pal Singh Malhotra, who was represented by advocate Prateek Som, against a 2024 magistrate court order that had refused to file an FIR against the developers. The court disagreed with the trial court's view that no police investigation was required in this case. 'In the considered view of this court, it is a fit case to exercise discretion in favour of the complainant by ordering the police to register FIR under relevant Sections of law and to take up investigation without any further delay,' said the court, as it set aside the trial court order dated January 2, 2024. The court ordered the Prashant Vihar police station to file an FIR against the accused and submit a compliance report before the trial court within two weeks, along with a copy of the FIR. It also stated that the trial court had not discussed the previous antecedents of the accused, which are 'glaring in nature'. It noted that the National Consumer Disputes Redressal Commission had issued a non-bailable warrant against an accused, Sanjeev Jain. The police chased him for about 60 km and the Special Task Force (STF) arrested him at Indira Gandhi International Airport in Delhi, the judge said. The case dates back to an agreement from August 2007 between the shop buyer and the developer. The complainant was allegedly promised occupancy of a shop on the third floor of Parsvnath Mall in Rohini. According to the agreement, the construction was meant to be finished within a period of 30 months. After Malhotra paid Rs 33.5 lakh, which was the basic price of the house, the accused allegedly started avoiding his calls. When he visited the construction site of the project, he discovered that all work had come to a complete halt. In March 2019, the developers allegedly issued a letter stating that they were cancelling the agreement and issued a cheque of Rs 33.5 lakh to Malhotra. The cheque was returned, alleged Malhotra, due to 'insufficient funds'. 'It is also admitted case of the accused persons that till date no effective construction has been carried out despite lapse of almost 17 years of the agreement between the parties. As per the recent report filed by Sub Inspector Sandeep only some pillars were constructed at the site and thereafter construction was stopped,' the court noted in its order. Sakshi Chand is working as an Assistant Editor with the Indian Express. She has over a decade of experience in covering crime, prisons, traffic and human interest stories. She has also covered the communal clashes in Kasganj, Aligarh, Trilokpuri riots as well as the North-East Delhi riots. Apart from being a journalist, she is also a National level basketball player and a coach. Before joining the Indian Express, she was working for The Times of India. ... Read More
Time of India
08-05-2025
- Health
- Time of India
Woman's family wants 97L compensation for 2010 death
1 2 Kolkata: The family of a 43-year-old woman who died after a uterus removal surgery — hysterectomy — approached Calcutta HC against the compensation of Rs 25 lakh awarded by National Consumer Disputes Redressal Commission. The family had claimed Rs 97 lakh for death due to medical negligence on April 26, 2010. The case is being heard by Justice Hiranmay Bhattacharyya. The judge, on April 28, 2025, directed the family to serve a copy of the application to the doctor and the private medical facility. The matter will be listed in the monthly list of June. "The incident was beyond contemplation and using the term shock would be an understatement," the family's counsel, Srijib Chakraborty, Pal had been undergoing gynaecological issues and, upon consultation with the accused doctor, agreed to undergo surgery. After the surgery, the family was informed that she was stable. But on April 24, 2010, she had a fever and started vomiting. She was given blood but the family said it was contaminated. The doctor refused to discharge her. On April 25, the doctor asked the woman's husband to shift her to another hospital, where she later died.
