Chandigarh Consumer Court Fines Yatra Online For Failure to Provide Direct Airline Booking

In a recent legal judgment from the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh, consumer Kasim achieved a favorable outcome in a case lodged against Yatra Online Private Limited. The dispute, arising from the Consumer Complaint of 2019, traces its origins back to September 26, 2019, with the final verdict pronounced on December 22, 2023.

Booking Error Leading to Travel Hassles

Kasim, the plaintiff, had arranged an air ticket for his son, Mohd. Wasim, through Yatra Online, intending a journey from Delhi to Toronto. However, an inadvertent error unfolded as Yatra Online erroneously booked a ticket for an extended route: Delhi to Madrid, Madrid to Lisbon, and Lisbon to Toronto. This unintended itinerary necessitated a Transit Visa, resulting in Kasim’s son being denied entry at Delhi Airport on the scheduled travel date of September 3, 2019.

Unsuccessful Attempts to Rectify the Situation

Despite Kasim’s endeavors to cancel the erroneous ticket and request a refund, Yatra Online purportedly reassured him that there would be no issue with the initial booking. Consequently, Kasim had to procure a new ticket costing Rs. 88,000 to facilitate his son’s travel to Toronto.

Legal Proceedings and Ruling

The legal proceedings witnessed arguments presented by both parties. Yatra Online argued that the tickets were booked offline via a call and claimed that the complainant was duly informed about the Transit Visa requirement. However, the Commission’s findings diverged significantly from Yatra Online’s claims.

Commission President Mr. Amrinder Singh Sidhu and B.M. Sharma, Members, in their verdict, remarked, “The complainant alleged booking an air-ticket for his son… However, the Opposite Party failed to provide the professional services & guidance expected from their hired services.”

Mr. Sidhu further emphasized, “It is evident that the OP neglected to offer a hassle-free and the most direct route… Clearly, they failed in properly guiding & delivering the expected services to the complainant, which were part of the service agreement.”

Ruling and Directives

Consequently, the Commission upheld that Yatra Online was culpable for a service deficiency and engaged in unfair trade practices. The ruling partially sided with the complainant, instructing Yatra Online to reimburse an amount of Rs. 56,504 to Kasim, along with an interest rate of 9% per annum from the payment date.

Yatra Online is required to comply with the ruling within ninety days of the reception of the certified copy of the order.

This significant legal judgment showcases the importance of service delivery and accurate guidance, highlighting the consequences of service providers failing to meet consumer expectations in the travel industry.

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Bengaluru consumer court ordered LG Electronics and the seller to reimburse the total cost of the defective dishwasher along with interest

A consumer court in Bengaluru has held LG Electronics and its authorized seller, Girias Investment Private Ltd, liable for failing to refund or replace a defective dishwasher. The decision by the III Additional Bengaluru Urban District Consumer Disputes Redressal Commission came in response to a plea by E. Venkataramana, a resident of Hebbal Kempapura.

The commission ruled that the opposite parties, LG Electronics, and seller Girias Investment Private Ltd, are directed to refund the cost of the subject, Rs 56,000, with an interest rate of 9 percent per annum from the date of its purchase until realization. Additionally, they are to pay compensation of Rs 10,000 for mental agony and Rs 5,000 for the cost of the litigation to the complainant.

The complainant requested the commission to direct LG Electronics and Girias Investment Private Ltd to refund the price of the dishwasher, at Rs 56,000, with an interest rate of 24 percent per annum from December 31, 2020, until realization. The petitioner also demanded compensation of Rs 2 lakh for deficiency of service, Rs 5 lakh for mental agony, and Rs 25,000 towards the cost of the litigation, highlighting the deficiency of service and unfair trade practices.

The Commission has also instructed LG Electronics and its authorized seller, Girias Investment Private Ltd, to comply with the order within 45 days.

The complainant purchased an LG Dishwasher on December 31, 2020, and it was delivered on January 4, 2021. Within a short time, the machine started giving trouble. The complainant lodged a consumer complaint with customer care, and they attended to the issue, identifying a problem with the motherboard and advising to contact the manager. Thereafter, the complainant approached several company representatives, but to no avail.

The complainant received a legal notice on March 24, 2021. However, LG and Girias did not reply. Subsequently, until the filing of this complaint, there has been no response.

The Bengaluru bench, comprising Commission President K. Shivarama, members Chandrashekar S Noola, and Rekha Sayannavar, passed the order on November 29.

The case was filed under Section 35 of the Consumer Protection Act 2019.

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Legal Victory: M.P. State Commission Rules in Favor of Railway in Theft Case

Redressal Commission’s Decision Upheld
In a recent legal development, the M.P. State Consumer Disputes Redressal Commission in Bhopal rendered a significant decision favoring the Western Central Railway Division, Jabalpur. The ruling absolved the railway from liability in a case involving the alleged theft of a passenger’s belongings. This outcome marked a reversal of the District Consumer Disputes Redressal Commission, Satna’s directive, which initially held the railways responsible, demanding compensation for negligence in handling the stolen suitcase.

Case Background: Traveler’s Grievance
The incident traces back to December 11, 2008, involving Rajendra Kumar Agrawal and his wife traveling aboard the Chitrakoot Express’ AC-2 coach. Agrawal filed a complaint, attributing the theft of his suitcase to the railway’s negligence, prompting his compensation claim.

Key Arguments and Ruling Analysis
During the appeal, pivotal arguments surfaced regarding the complainant’s failure to promptly report the incident to railway personnel and insufficient evidence supporting claims of negligence. The railway authorities emphasized the passenger’s responsibility to safeguard personal belongings.

The order, delivered on November 6, 2023, by the Hon’ble A. K. Tiwari, expressed the Commission’s stance, stating, “Theft cannot be construed as a deficiency in Railways’ service. If a passenger fails to protect their belongings, the Railways cannot be held accountable.”

Commission’s Verdict and Legal References
Highlighting the absence of specific travel details and failure to substantiate negligence, the Commission referred to a significant Supreme Court judgment (Station Superintendent & Anr Vs Surender Bhola), reinforcing the passenger’s accountability for safeguarding personal items.

Consequently, the Commission overturned the previous order, dismissing the complaint and vindicating the Western Central Railway Division, Jabalpur.

This decision reiterates the pivotal role of passenger responsibility and vigilance in protecting personal belongings while traveling via railway services.

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Bengaluru Consumer Court Orders Flipkart to Compensate Customer Overcharged During ‘Big Billion Sale

The recent ruling by a Bengaluru consumer court has mandated Flipkart, the leading e-commerce giant, to compensate a customer who faced an overcharge issue during the much-publicized ‘Big Billion Sale’.

Customer’s Legal Victory against Overcharging Incident

A Bengaluru resident took legal action against Flipkart after noticing an alarming discrepancy in the price she paid for a shampoo purchased through the platform during the ‘Big Billion Days’ sale. The amount surpassed the product’s Maximum Retail Price (MRP), leading to a judicial confrontation.

Court’s Verdict and Compensation Details

In a significant win for the customer, the consumer court ruled in her favor, compelling Flipkart to pay compensation totaling Rs 20,000. Furthermore, the court directed a refund of Rs 96, the excess amount charged for the product.

Judicial Criticism and Monetary Penalties Imposed on Flipkart

Dismissal of Flipkart’s defense by the court underscored the seriousness of the issue. Additionally, the court imposed financial penalties on the e-commerce giant. Flipkart was ordered to pay Rs 10,000 for service deficiency and an additional Rs 5,000 for engaging in unfair trade practices.

Emphasis on Fair Trade Practices and Consumer Rights

The consumer court’s scrutiny revealed instances of unfair trade practices, prompting stringent criticism against Flipkart’s conduct. Emphasizing fair practices, the court mandated compensation of Rs 20,000 alongside the refund of Rs 96, addressing the customer’s grievance.

Understanding Maximum Retail Price (MRP) and ‘Big Billion Days’ Sale

The Maximum Retail Price stands as the upper limit within which manufacturers or retailers can lawfully price a product. Flipkart’s ‘Big Billion Days’ is a high-profile annual sales event, purportedly offering substantial discounts across diverse product categories.

Previous Legal Reprimand on Flipkart

This incident isn’t the first instance of legal censure faced by Flipkart. Earlier this year, the Bengaluru Urban District Consumer Disputes Redressal Commission penalized the e-commerce giant for failing to fulfill a prepaid order promptly.

In conclusion, this legal verdict reiterates the significance of transparent pricing practices in e-commerce and advocates for consumer rights protection, emphasizing fair treatment and adherence to stipulated pricing regulations within the industry.

If you are looking for a solution to the consumer complaint, File a Complaint at Voxya Now!

National Consumer Court Finds Medical Negligence by Ranchi Doctors 20 Years After Jharkhand Patient’s Death

The National Consumer Disputes Redressal Commission (NCDC) recently ruled a case of medical negligence against doctors in Ranchi, Jharkhand, leading to the unfortunate demise of a patient in 2003.

Unveiling Medical Negligence in Ranchi, Jharkhand

The NCDC granted compensation of Rs 10 lakh to the complainant, the patient’s mother, following its determination that doctors failed to provide appropriate treatment despite the patient’s ultrasound report confirming acute pancreatitis.

Dr. D. Mohan’s Oversight and Misdiagnosis

Dr. D. Mohan, the attending doctor, overlooked the patient initially and conducted an examination only on 07.03.2003, at 11:30 am. Relying on incomplete information from the ultrasound report, this led to a misdiagnosis. The NCDRC highlighted, “…even after identifying pancreatitis, no treatment was provided during the patient’s hospitalization,” thereby setting aside the 2018 order of a state commission.

Maya Sharma’s Fight for Justice

Maya Sharma, the grieving mother of the deceased Navin Sharma, took a stand by filing a revision petition against the Jharkhand State Commission.

Ignored Indications and Deteriorating Health

Sharma, admitted to Raj Hospital in 2003 due to abdominal pain and vomiting, underwent several examinations, including an ultrasound indicating pancreatitis. However, alleged negligence in addressing crucial aspects of the report led to Sharma’s health decline and eventual demise.

Allegations of Overlooked Diagnostic Clues

Maya alleged that the doctor disregarded a significant part of the ultrasound report, indicating ‘ascites minimal pleural effusion.’ This condition denotes excess fluid accumulation between the lungs and ribs, a critical indicator of acute pancreatitis.

Expert Opinions Validate Negligence Claims

Expert opinions from Dr. G S Vats and Dr. Samir Rai corroborated the claim of medical negligence, emphasizing the failure to diagnose acute pancreatitis despite clear indications in the ultrasound report.

Balancing Perspectives: Mortality Rates and Defense Arguments

Despite a 20 percent mortality rate associated with acute pancreatitis, the doctors defended their actions. They argued that despite their utmost efforts, they were unable to save the patient, thereby refuting any accusations of negligence.

The Hospital’s Stance and Expert Opinions

The hospital defended its position, stating that the expert opinions of Dr. Vats and Dr. Rai did not signify any deviation from professional standards or flaws in the treatment plan.

Conclusion

The NCDC’s ruling in this case sheds light on the significance of proper diagnosis and treatment in the medical field. The verdict underlines the gravity of addressing critical indicators in medical reports to prevent unfortunate consequences, emphasizing the responsibility of medical practitioners in ensuring patient care and well-being.

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How To Resolve Complaints Against Car Manufacturers in India – Voxya

If you’ve recently purchased a car and encountered defects shortly after, there are steps you can take to address this situation legally. Firstly, it’s crucial to check the warranty papers to determine if the defects fall under the coverage. If the warranty covers the issues, you can demand a replacement of the defective parts. However, if the defects aren’t covered under the warranty and persist even after repeated attempts to resolve them with the dealer or manufacturer, legal action may be necessary.

Sending a formal legal notice to the car manufacturer or dealer is the next step. This notice should articulate the issues faced and demand either the replacement of defective parts or a refund for the car. Should you not receive a satisfactory response or any response at all, escalation to a consumer court becomes a viable option. Filing a case in a consumer court enables you to seek a refund along with compensation for the inconvenience and issues faced.

How Voxya Resolves Car Complaints?

Voxya offers a structured approach to addressing car-related complaints, utilizing various strategies to ensure consumer grievances are heard and resolved effectively:

Social Media Campaign: Voxya initiates a social media campaign to amplify consumer complaints, aiming for maximum impact and visibility.

Email Communication: It communicates with the company via email, attempting to resolve complaints amicably and swiftly.

Legal Notice Dispatch: Voxya drafts and sends a formal legal notice to the company via registered post, ensuring proper documentation of the communication process. Additionally, a copy of this notice is sent to the consumer’s address.

Consumer Court Support: Voxya assists in preparing necessary consumer case documents, and aiding consumers in filing a case in the consumer court.

Seeking resolution for car complaints through Voxya involves a systematic approach that encompasses both direct communication and legal measures, ensuring that consumers’ concerns are addressed comprehensively.

If you’re seeking a solution to a car-related complaint, you can file a complaint through Voxya’s platform here: File A Consumer Complaint.

Voxya will assist in drafting and sending the legal notice, as well as preparing the necessary consumer case documents for potential legal action in the consumer court.

Bengaluru Consumer Court Ordered Indigo Airlines to Pay ₹70,000 to Couple Over Delayed Luggage

A Bengaluru Consumer Court recently ruled in favor of a couple whose vacation in Port Blair was marred by a delay in receiving their checked-in luggage, directing Indigo Airlines to compensate them with ₹70,000.

Understanding the Ruling

Bengaluru Consumer Court presided over by President Shivarama K and members Chandrashekar S Noola and Rekha Sayannvar, concluded that Indigo had failed to provide adequate service, thereby causing distress to the couple.

Breakdown of Compensation

The court ordered Indigo to pay ₹50,000 as compensation for the inconvenience caused. Additionally, ₹10,000 was designated for the mental anguish experienced by the couple, along with an extra ₹10,000 to cover their litigation costs.

Context of the Incident

The incident traces back to November 1, 2021, when the couple booked their travel from Bengaluru to Port Blair with Indigo Airlines. However, upon arrival at their destination, they discovered that their checked-in luggage, containing vital items like clothing, medications, and ferry tickets for their Andaman boat rides, hadn’t made it to Port Blair.

Response and Legal Action

Upon realizing the issue, the couple promptly lodged a complaint with Indigo and submitted a Property Irregularity Report. The airline’s ground crew assured them that their bags would be delivered by the next day, which unfortunately didn’t materialize until November 3.

In light of the situation, on November 18, the couple took the step of sending a legal notice to InterGlobe Aviation Limited, the parent company of Indigo Airlines.

Legal Proceedings and Resolution

A year later, the couple escalated the matter to the District Consumer Disputes Redressal Commission in Bengaluru, seeking compensation for the disruption of their vacation. Their counsel highlighted the irreversible inconvenience caused due to the delay in securing their luggage, stressing that IndiGo had concealed the fact that the luggage wasn’t loaded on the November 1 flight.

Court Verdict and Compensation Terms

The district consumer court, on September 26, partially upheld the couple’s complaint, mandating Indigo Airlines to pay ₹70,000 within 45 days. Additionally, interest at the rate of 9 percent per annum would be incurred by the airlines in case of any delay in payment.

Seeking Solutions for Airline Complaints

For individuals seeking recourse for airline-related grievances, Voxya stands as India’s reputable platform for resolving consumer complaints.

In conclusion, this ruling sets a precedent emphasizing the responsibility of airlines to ensure the timely and safe arrival of passengers’ luggage, underlining the significance of consumer rights and fair compensation for service deficiencies.

Improving Infrastructure: Tamil Nadu Consumer Protection and Environment Research Centre Advocates for Better Roads and Public Services in Tiruvarur

The Tamil Nadu Consumer Protection and Environment Research Centre in Tiruvarur has taken a proactive step by appealing to the district administration to address the deteriorating condition of the approach road leading to the new bus stand in the town. This urgent call for action stems from the persistent problems faced by commuters, particularly during the monsoon season, due to the deplorable state of the road that connects the bus stand with the Tiruchi-Nagapattinam highway.

Challenges Faced by Commuters

The condition of the road has deteriorated to such an extent that it has become a source of immense hardship for those relying on it for their daily commute. The bumpy and pothole-riddled road not only disrupts the daily lives of residents but also poses safety hazards to both pedestrians and motorists. Recognizing these issues, the Tamil Nadu Consumer Protection and Environment Research Centre is urging the district administration to prioritize the repair and maintenance of this vital transportation artery.

Ensuring Adequate Public Services

In addition to the road conditions, the centre has also brought to the forefront several other pressing concerns in Tiruvarur town. The issues related to piped drinking water connections, provided to houses under the Jal Jeevan Scheme, demand immediate attention from the district administration. The reliability of the water supply system is crucial for the well-being of the community, and it is paramount that any issues with the service are swiftly rectified.

Enhancing Public Transport

The availability of public transport services in Tiruvarur is another area of concern. The centre has raised the matter of inadequate mini-bus services, which hinder the accessibility and convenience of public transportation for residents. Furthermore, the issuance of bus tickets without the name of the operating company is a potential source of confusion for passengers. A clear and organized system of ticketing is essential to streamline the public transportation experience and ensure that passengers have access to reliable information.

Expanding Festival Season Train Services

Acknowledging the significance of the festival season in Tiruvarur, the centre passed a resolution seeking an extension of train services. Specifically, the resolution calls for the extension of train services from Tiruchi to Thanjavur and from Villupuram to Mayiladuthurai, up to Tiruvarur during this festive period. This initiative aims to accommodate the increased travel demands and provide a more convenient and efficient mode of transportation for the local population and visiting pilgrims during these important cultural events.

Conclusion

The Tamil Nadu Consumer Protection and Environment Research Centre is taking a proactive approach to address the various challenges faced by the residents of Tiruvarur. By appealing to the district administration to improve road conditions, public services, and transportation options, the centre is committed to enhancing the overall quality of life in the town. These efforts reflect the centre’s dedication to the welfare of the community and its determination to create a better and more accessible environment for all.

If you are looking for a solution to the complaint, File a Complaint at Voxya, India’s trusted consumer complaint platform for resolving consumer complaints.

Ernakulam District Consumer Commission Rules in Favor of KR Prasad in ‘Corona Rakshak’ Insurance Claim Dispute

In a significant ruling, the Ernakulam District Consumer Disputes Redressal Commission has issued a directive favoring KR Prasad from Muvattupuzha, instructing Star Health and Allied Insurance Company to disburse Rs 1 lakh for his Covid-19 treatment claim under the ‘Corona Rakshak’ policy. This landmark decision underscores the importance of understanding insurance policies and ensuring that policyholders receive the coverage they are entitled to.

Background of the Case

KR Prasad, a resident of Muvattupuzha, had contracted Covid-19, leading to his admission to a private hospital from January 17 to 21, 2021. His medical expenses during this period soared to Rs 2.3 lakh. At this point, he decided to make a claim under the ‘Corona Rakshak’ policy, which promised policyholders 100% coverage if diagnosed with Covid-19.

Denied Claim and Controversy

However, things took an unexpected turn when the insurance company rejected KR Prasad’s claim, contending that his medical records showed stable vitals and that his hospitalization was primarily for observation and monitoring rather than active treatment. This decision left KR Prasad in a precarious financial situation, grappling with mounting medical bills.

Commission’s Verdict

The Ernakulam District Consumer Disputes Redressal Commission conducted a thorough review of the case and identified several deficiencies in the insurance company’s service and identified unfair trade practices. The commission emphasized that the ‘Corona Rakshak’ policy was explicitly designed to provide comprehensive coverage for Covid-19, a condition that KR Prasad met by being hospitalized for over 72 hours due to the virus.

Compensation and Justice

In its ruling, the commission ordered Star Health and Allied Insurance Company to disburse Rs 1 lakh to KR Prasad, fulfilling his claim for Covid-19 treatment expenses. In addition to this reimbursement, the commission also instructed the insurance company to pay a compensation of Rs 10,000 to KR Prasad, recognizing the emotional and financial stress he had endured during this ordeal.

Moreover, the commission demanded that the insurance company cover KR Prasad’s litigation expenses, amounting to Rs 10,000. This comprehensive verdict ensures that KR Prasad receives not only financial reimbursement for his medical expenses but also compensation for the distress he endured due to the claim rejection.

Importance of Understanding Policy Terms

This case serves as a poignant reminder of the importance of understanding the terms and conditions of insurance policies thoroughly. Policyholders need to be aware of their rights and obligations to ensure they receive the coverage they deserve, especially during a global health crisis like the Covid-19 pandemic.

In conclusion, the Ernakulam District Consumer Disputes Redressal Commission’s verdict in favor of KR Prasad highlights the significance of upholding the promises made by insurance policies. It stands as a beacon of hope for policyholders, assuring them that they can seek redress when their legitimate claims are unjustly denied. This landmark ruling serves as a testament to the importance of accountability and justice in the world of insurance.

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Bangalore Consumer Forum Order Wedding Photographer To Pay Rs.20,000 For Deficiency in Services

In a recent ruling, the District Consumer Disputes Redressal Commission (DCDRC) in Bangalore delivered a decisive verdict, underscoring the significance of delivering exceptional service in the wedding photography industry. The case involved a wedding photographer who, despite receiving full payment, failed to provide the wedding CD video to the client. Let’s delve into the details and explore the implications of this ruling.

Photographer’s Unfulfilled Promise

The Bangalore Consumer Forum, presided over by President M Shobha and members K Anita Shivakumar and Suma Anil Kumar, found the photographer’s actions unfair to the couple, deeming it a deficiency of service. Wedding photographs and videos hold immense sentimental value, and failing to provide the CD of the complainant’s wedding was considered unjust. The commission ruled that by accepting the entire payment for photography and video coverage, the photographer had a contractual obligation to fulfill his assurances. Consequently, the commission ordered the photographer to compensate the aggrieved party with ₹20,000, plus interest at a rate of 10% from March 5, 2021, the wedding date when the substantial payment was made.

The Complainant’s Experience

The complainant had engaged the photographer’s services for her wedding on March 5, 2021, agreeing to a total payment of ₹80,000 for both a photo album and video coverage on a CD. She made an initial payment of ₹5,000 on January 15, 2021. It was mutually agreed that the remaining amount would be paid on the wedding day, with the delivery of the photo album and CD to follow.

However, despite the wedding having occurred, and the full payment of ₹80,000 made, the photographer made no effort to provide the CD. Frustrated by the photographer’s lack of response, the complainant resorted to sending a legal notice, which went unanswered, leading to her complaint before the district forum. The complainant sought compensation for mental anguish, hardship, and litigation costs amounting to ₹2 lakh.

Photographer’s Defense

During the proceedings, the photographer claimed that he had promised to deliver the CD within 15 days but had encountered challenges related to editing and the availability of editors. However, he failed to present any substantial evidence to support his claim that the couple still owed him ₹65,000.

The Commission’s Stance

Bangalore Consumer Forum emphasized the irreplaceable nature of wedding memories and stressed that, if the photographer had already prepared the CD, it was his responsibility to deliver it promptly, along with compensation. Memories of a marriage are priceless and cannot be recreated. In the event that the photographer was unable to produce the CD, the commission ruled that he must refund the amount received for the CD, after deducting the expenses incurred for photography and the album.

In conclusion, this ruling by the Bangalore Consumer Forum serves as a reminder to professionals in the wedding photography industry and any service-oriented business. Upholding commitments and delivering on promises is crucial to maintain trust and customer satisfaction. This case underscores the significance of honoring agreements and ensuring that customers’ precious moments are preserved and cherished.

If you find yourself facing a consumer complaint, don’t hesitate to seek resolution. File a complaint with Voxya to address your grievances promptly and efficiently. Your satisfaction and peace of mind matter.