Category: Consumer Complaints

Recently, the Consumer Court in Ernakulam gave an interesting order in a real estate complaint wherein the builder failed to appear in court proceedings even after acknowledging the Legal Notice.

Trusting the false assurances given by the builder M/s Holy Faith Builders & Developers Pvt Ltd. regarding the legality and approvals for construction, retired Indian Navy Captain K.K. Nair and his wife purchased a flat in Holy Faith H20 complex in Kochi. However later the couple were shocked to discover that the construction of the apartment violated legal norms, due to which the entire building was demolished as per the Supreme Court’s order. This real estate complaint caused huge financial losses and inconvenience to the complainants.

Being cheated by the builder, the couple filed a consumer complaint against the builder and the bank in Ernakulam Consumer Court under Section 35 of the Consumer Protection Act 2019. After the case was filed, the dispute between the complainants and the bank was amicably resolved, but the builder completely ignored the court proceedings and did not appear before the Court to contest the claims even after acknowledging the legal notice.

The court observed that as the builder failed to appear in the case to challenge and contest the complainants claims so they were considered valid. The Court found that the construction of the apartment was in violation of the law which amounts to deficiency in service and unfair trade practices. Finally, the Ernakulam Consumer Court delivered a judgment in the favor of complainants, directing the builder to refund the money and pay compensation to the complainants for mental trauma. The court also directed the builder to cover the cost of litigation for filing this real estate complaint. Additionally, if the payment was not made within the stipulated time, interest would be levied until its realization.

If you have a real estate complaint, you can file a complaint at Voxya.com. Our legal experts will help you in getting resolution.

In a recent consumer complaint, the District Consumer Court in New Delhi ordered KIA Motors to pay Rs.70,000/- to the complainant, Sameer Varma. The dispute was regarding rusting of chrome parts in the car Kia Seltos.

Mr. Varma purchased the car Kia Seltos trusting the brand KIA. However, he was shocked to observe rusting on the chrome parts of his Kia Seltos, which caused severe mental trauma to him. He contacted KIA Motors and authorized dealer to get the issue fixed by cleaning and repairing but the issue persisted. Having no other alternative, he decided to file a case against KIA and the authorized dealer in September 2020.

The complainant submitted that the rusting issue in the car was a result of poor product quality, whereas the respondents argued that the use of unauthorized cleaning product and environmental factors such as pollution, hard water residues caused the rusting in the car parts. After examining the evidence, actions and responses provided by both the parties in the consumer complaint, the District Consumer Court in New Delhi rejected the argument of discolouration of car due to Pollution.

The Consumer Court noted that the complainant was not adhering to certain guidelines in the Car Owner’s Manual and the parts were replaced by the opposite party as a goodwill gesture and not as a recognition of a defect in the car parts. Further it was found in the email communication that the opposite party tried to put the blame on the complainant as he washed the vehicle with water on a daily basis and applied non-approved material on these car parts.

Finally, the District Consumer Court in New Delhi delivered an important judgment favoring complainant, directing Kia Motors India and Frontier Automobiles Pvt. Ltd. to pay Rs.70,000/- to the complainant within two months. Additionally, if the payment was not made within the stipulated time, interest would be levied at 7% per annum until its realization.

If you have any automobiles complaint, you can take legal action by filing a complaint at Voxya.com. Our expert legal team will help you in getting resolution.

The Bengaluru consumer court has ordered Indigo Airlines to pay a couple ₹70,000 for the delay in delivering their checked-in luggage, which caused inconvenience and spoiled their vacation in Port Blair.

In this order, the court directed Indigo to pay ₹50,000 as compensation, along with an additional ₹10,000 for the mental agony suffered by the couple and ₹10,000 to cover their litigation costs.

The court stated that due to Airline’s mistake the couple had to spend money amounting to Rs.5000/- to purchase clothes and other necessary items as their checked-in luggage was not delivered, which spoiled the holiday mood of the complainants.

The couple had booked their flights from Indigo Airlines to travel from Bengaluru to Port Blair on November 1, 2021. However, when they reached the destination, they were shocked to discover that their checked-in luggage, containing crucial items like clothing, medications, and ferry tickets for their Andaman boat rides, had not reached Port Blair.

Despite the ground crew’s assurances that the misplaced luggage would be delivered the next day, it was received only after two days on November 3 which further aggravated their mental trauma. Being aggrieved with the incident, the couple decided to take legal action against the Indigo Airlines and sent a legal notice to Indigo. Thereafter the couple filed a consumer complaint seeking compensation for the disruption of their vacation and the district consumer court ruled in their favor, ordering Indigo Airlines to pay ₹70,000 within 45 days along with an interest at the rate of 9 percent per annum if there is any delay in making the payment.

If you have any Airlines complaint, you can use Voxya to take legal action by sending Legal Notice to Airlines through a professional lawyer. Voxya helps in getting resolution in consumer complaints quickly.

The District Consumer Court in Chandigarh recently delivered an important judgment favoring a consumer, Mr. Vineet Marwaha in a case against Make My Trip (India) Pvt. Ltd. and OYO. This ruling highlights the significance of transparency and fair trade practices within the online travel industry.

The case is related to a hotel booking that Mr. Marwaha had made for a Goa vacation spanning from December 26 to December 30, 2021. Mr. Marwaha had engaged Goibibo, a subsidiary of MMT, for making hotel reservation, and made a payment of Rs. 10,432.

However, on December 23, 2021, Mr. Marwaha was shocked to receive a message from Goibibo’s representative that his booking had been canceled. They told that the hotel is “un-operational” during those days and so Mr. Marwaha’s payment was refunded, which caused severe mental agony to him and his family. This abrupt cancellation without consent left Mr. Marwaha and his family in a state of disarray, just days before their planned vacation.

To his shock and disappointment, very soon Mr. Marwaha discovered that the same hotel rooms were available online for the same dates, but at exorbitant rates, reaching as high as Rs. 27,207. This revelation prompted him to file a case against the company alleging “deficiency in service and unfair trade practices”.

The District Consumer Court considered facts and arguments from both parties. Make My Trip contended that they acted as intermediaries, solely facilitating the booking process, with no responsibility for cancellations or price hikes. OYO Rooms (Oravel Stays Private Limited) argued that their responsibility was restricted to arranging bookings, placing the operational liability on the hotel owners. However the hotel did not attend the consumer court proceedings.

In its verdict, the Consumer Court sided with the complainant, emphasizing that the consumer had made an advance booking with the expectation of locking the affordable rates of the hotel during the peak season in Goa. Nevertheless, the respondents canceled the booking without providing a valid justification, and they substantially raised the rates at their portal which clearly is unfair trade practice. The Court inferred that these actions were primarily driven by a desire for “substantial profiteering.”

Consequently, the Consumer Court directed the opposing parties to compensate the consumer with Rs. 35,000 for the mental agony and harassment they caused, along with an additional sum of Rs. 7,000 to cover the litigation costs. They were given a 30-day period to comply with the order, with the understanding that failure to do so would result in interest being applied to the compensation amount.

If you have any travel complaint, you can take legal action by sending Legal Notice to opposite party through a professional lawyer who can help you in getting resolution quickly.