consumer complaint

Top 5 Milestone Consumer Cases in India that Every Consumer Should Know

Online Legal India LogoBy Rima Kundu Published On 26 May 2022 Category Consumer Complaint

We buy products and services on a regular basis. From fundamental essentials such as food and clothing to services like banking and education, we rely on companies and organisations to live comfortably in the modern world, and we pay them with our hard-earned money. However, businesses may occasionally fail to provide high-quality services or products. Many people are aware that consumer courts and regulations exist to protect consumers in such situations. Have you ever thought about who goes to such courts and what kinds of cases they hear? You'd be shocked how simple these situations may be. So, here are five fascinating consumer complaint cases for your knowledge:

 

1. Banks can't always claim "technical difficulties" as an excuse

We have become so reliant on banks. Most of our transactions are now digital, and we rely largely on banks for them. Have you ever had a transaction fail because the server was down or there were other issues?

 

Ms Dipika Pallikal, a squash champion and Arjuna awardee, was caught off guard when her Axis Bank Debit Card failed in a hotel in Rotterdam, Netherlands. At the moment, she had ten times the bill amount in her account. She suffered a loss of reputation and shame as a result of this. According to the bank, the situation was caused by "Force Majeure" (an act of God/something beyond their control).

Aside from that, the bank had also returned a 1 lakh cheque issued to her by the Indian government, blaming it on a technological error.

Dipika filed a consumer complaint with the Chennai Consumer Court against Axis Bank.

 

Court Ruling

The court found that Axis Bank had provided inadequate service and ordered the bank to pay a compensation of Rs 5 lakh and expenses of Rs 5000.

 

The Key Takeaway

Banks are similar to any other type of service provider. We entrust them with our money, and they must deliver on their promises. Customers cannot be made to suffer because of "technical issues" or "force majeure."

 

2. Insurance claims cannot be denied based on technicalities alone

We pay a fee and receive insurance to protect us against unforeseeable losses. Many people, unfortunately, have had negative encounters with insurance companies. For example, Mr Om Prakash had his truck stolen and claimed insurance for it. The truck was taken on March 23, 2010, the police report was submitted on March 24, 2010, and the insurance claim was filed on March 31, 2010.

 

The insurance investigator was dispatched, and he validated the validity of the claim. The claim was authorised for a total of Rs 7,85,000.00. However, Mr Om Prakash was never given the money. When he sent a legal notice to the insurance company, they responded that there had been a breach of terms and conditions:

“immediate information to the Insurer about the loss/theft of the vehicle”

 

Om Prakash was late in applying for insurance since he was detained by the police while attempting to collect his vehicle.

 

Court Ruling

While the consumer courts rejected his claim, the Supreme Court upheld his appeal and ruled in his favour. Insurance firms cannot avoid paying claimants on technical grounds, according to the ruling. Particularly when the claim has good justification.

 

The court ordered the Respondent firm to pay the Appellant Rs 83,5000 plus interest at the rate of 8% per annum. He was also given a monetary prize of Rs 50,000.

 

The Key Takeaway 

Many decisions have been taken throughout the years to guarantee that insurance firms are held accountable and do not avoid paying valid claims. If you have a similar problem with your insurance provider, you can file a complaint with the consumer court.

 

3. Tired of Skin and Hair Care Products Making False Claims? 

Perhaps you are not yet exhausted or are too tired to question. However, a 67-year-old guy from Kerala's far reaches was fed up with the company’s constant lies and how they got away with it.

 

In 2015, Mr K Chaathu filed a complaint against Indulekha (a beauty product maker) and Mammootty (the company's brand ambassador) for running misleading advertisements. The soap's tagline was 'soundaryam ningale thedi varum,' which means 'beauty will seek you out.' The advertising also stated that anyone who used the soap would become 'fair' and 'beautiful,' but the 67-year-old did not. Amusing isn't it?

 

Court Ruling 

Indulekha paid him 30,000 in an out-of-court settlement, but Chaathu's original claim was for 50,000. When asked about this, he stated that the lawsuit was never about the money, but rather about how these corporations place commercials with fraudulent claims on a daily basis. And it's not acceptable to allow these individuals to get away with it.

 

The Key Takeaway

Because advertisements are created to sell items, exaggeration of outcomes is all too prevalent. However, making false promises only for the purpose of selling things is not acceptable. 


 

4. Is there no MRP on the product?

Mr Baglekar Akash Kumar, a 19-year-old, received a book and Rs 12,500 as a result of the book. How? He ordered the book online, but when it arrived, he discovered that it didn't have an MRP on it. He looked on the internet and discovered that the book was available at various costs in several locations.

So he filed a complaint with the consumer forum against Penguin Books India Pvt. Ltd.

 

Court Ruling

The court ruled that failing to display the MRP on goods without a valid cause is an "unfair trade practice." MRP exists to ensure that a customer does not pay too much for a product. As a result, printing MRP is required for businesses.

 

Akash was given Rs 10,000 in compensation and 2,500 in costs and the publishers were asked to print the retail price on the book.

 

The Key Takeaway

Companies are required by law to include MRP on all products. If you notice a product that does not have an MRP, it is a breach of Consumer Protection Laws, and you have the right to sue.

 

5. Not All Freebies Are Accepted

Imagine buying a Pepsi and discovering a package of gutka floating in it! When Mr Rajesh Rajan of Ahmedabad bought Pepsi from a neighbourhood store, this occurred to him. He promptly complained against the corporation with a legal notice and contacted a Consumer Dispute Redressal Forum.

Furthermore, he alleged that there was a service flaw that could have put his health at risk. He requested Rs. 5 lakh in compensation for the incident.

 

Court Ruling

The consumer forum ruled in Mr Rajesh Rajan's favour, ordering the corporation to pay a total of Rs 4,000 to him (Rs 4,000 for compensation and Rs 8 for the Pepsi he bought).

Rajesh filed a complaint with the State Consumer Dispute Redressal Commission, claiming that the compensation of Rs 4008 was insufficient and that he had spent Rs 500 on sample testing. The State Commission considered Rajesh's argument reasonable and ordered the corporation to pay Rs 20,000 in compensation and Rs 2,000 in fees.

 

The Key Takeaway

Not all freebies are acceptable! If you uncover something in your food (packaged or not) that isn't supposed to be there or could be damaging to your health, the supplier has failed to offer adequate service. Take them to one of the Consumer Court.

 

Conclusion

A lot of people fail to file a complaint because they are seldom not aware of the legalities and process involved or about their basic consumer rights. Online Legal India helps them not only file their consumer complaints but also helps them in understanding the process involved in a simple manner. If you want to file in the consumer court then contact Online Legal India today.


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