Category: News

In 2016, Shri Narinder Kumar filed a consumer complaint against Amazon, Apple and Phone seller. Mr. Kumar purchased a brand new Apple iPhone 5s from Amazon’s online store but when he received the product, he was shocked to notice that the phone supplied was actually an old refurbished iPhone and not new as advertised by the seller and the Amazon store. As the phone was defective and old, it started showing issues within the warranty period, soon after the purchase.

When he did not receive any fruitful response or resolution from the opposite parties, Mr. Kumar filed a consumer complaint against Amazon and its seller in District Consumer Court Shimla, Himachal Pradesh under Sections 11 and 12 of the Consumer Protection Act, 1986, alleging deficiency in service and unfair trade practices.

Though the court dismissed the complaint against Apple, it found Amazon and the seller liable for delivering an old refurbished phone to the consumer instead of the brand new iPhone which he actually ordered.

The court highlighted the fact that there was a deficiency in service as the complainant ordered a Silver iPhone but the opposite party supplied a Grey color iPhone. Also, delivering a second hand refurbished phone instead of a brand new iPhone amounts to unfair trade practice.

In this complaint against Amazon and seller, the Court finally ordered them to refund the purchase amount of Rs.35,699/- to the complainant with interest and pay Rs.10,000/- as compensation for mental agony and Rs.5,000 to cover legal expenses.

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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.

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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.

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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.

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