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CONSUMER PROTECTION
ACT,1986
Krishnan Kumar Bajaj vs. PepsiCo.
• Bajaj purchased a Lay’s packet and sensed it being underweight
• He wrote twice to the manufacturer who offered gift hamper in return
• Bajaj refused hamper and considered legal action
• Bajaj approached CERS, who wrote to PepsiCo
• Company refused to accept their fault and gave unsatisfactory clarifications
• CERS took the issue to the Consumer Disputes Redressal Forum
• The company asked for the bill of purchase which Bajaj could not produce
BBBBACKGROUND
JUDGEMENT
• The Court overruled the argument of Bajaj not having a bill
• PepsiCo was directed to stop unfair trade practices
• PepsiCo had to deposit Rs. 2,00,000 in Consumer Welfare Fund, Rs.
2,75,250 as Punitive Damages and also Rs. 75,000 as Costs of Litigation
Dharamdas Pritiani vs. HDFC Ergo General
Insurance Co.
• Pritiani was advised by his doctors to undergo a rare treatment called EECP for
his heart ailment in 2008-09
• The treatment was completed in 45 sittings, costing Rs. 1,18,000
• HDFC Ergo rejected the claim saying the treatment was not recognized by the
insurer and the policy holder must be hospitalized for at least 24 hours
• The complainant claimed treatment was recognized by the US and 40
hospitals in India use EECP method
BBBBACKGROUND
JUDGEMENT
• The forum said the documents furnished by Pritiani support his claim
• Consumer Redressal Forum directed HDFC Ergo General Insurance Co. Ltd
to pay Rs 1,18,000 towards compensation for refusing a policy holder’s
claim
• Additional compensation of Rs 5000 to be paid for mental agony
Chetanprakash vs MET Institute of
Computer Science
• Prakash ,final year BSc student sought admission in MET Institute of Comp.
Science for MCS before declaration of his final year result
• The institute laid a condition, that in order to pursue the MCS course, a
student had to clear final year exams
• Prakash deposited the fees before declaration of result and failed in exams
• He tried to withdraw the admission and requested for a refund, to which the
institute did not respond
BBBBACKGROUND
JUDGEMENT
The Court gave a judgment directing the Institute, to pay the complainant,
Chetan Prakash, Rs. 32,000 as compensation for harassment, along with the
course fee of Rs.62,200.
HDFC Bank Limited vs. Balwinder
Singh
• Balwinder Singh took a car loan from HDFC Bank Ltd but after a few
installments were paid he defaulted
• The bank, or its loan recovery agent, employed musclemen to take forcible
repossession of the hypothecated vehicle on 20.7.2007
• This vehicle was also sold subsequent to re -possession for Rs. 1,65,000
BBBBACKGROUND
JUDGEMENT
• The District Forum directed that Rs. 4 lakhs be paid as compensation for
mental and physical harassment
• The cost of re -possession i.e. Rs. 1,65,000 was realized by the petitioner
• The OPs shall not be entitled to any interest with effect from that date on
the amount remaining unpaid after adjusting the sale price of Rs. 1,65,000
• The OPs were directed to return the cheques received by them and to
redraw the account of the complainant and ascertain the principal amount
due from him on 20.7.2007 and adjust the amount of Rs. 1,65,000 towards
the principal amount. The remaining amount, if any, shall be adjusted out of
the compensation amount of Rs. 4,00,000
Delhi Development Authority vs.
D.C. Sharma
• Sharma had applied in 1996 for a flat under a housing scheme floated by the
DDA that year
• In 1997 he had been allotted a flat after he had paid Rs 30,000 towards
booking and confirmation as demanded by the authority
• He was given time till June 2000 to deposit the remaining amount, but on
enquiry about the status of his flat he had come to know it had been sold to
someone else in 1996
BBBBACKGROUND
JUDGEMENT
• The DDA was directed to provide a flat or pay him Rs 30 lakhs for selling
the unit allotted to him to someone else
• The commission also directed the DDA to refund Rs 30,000 received
towards booking and confirmation from D C Sharma
SHIVAM SHARMA
PGDM
SECTION D

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Consumer protection act

  • 2. Krishnan Kumar Bajaj vs. PepsiCo.
  • 3. • Bajaj purchased a Lay’s packet and sensed it being underweight • He wrote twice to the manufacturer who offered gift hamper in return • Bajaj refused hamper and considered legal action • Bajaj approached CERS, who wrote to PepsiCo • Company refused to accept their fault and gave unsatisfactory clarifications • CERS took the issue to the Consumer Disputes Redressal Forum • The company asked for the bill of purchase which Bajaj could not produce BBBBACKGROUND
  • 4. JUDGEMENT • The Court overruled the argument of Bajaj not having a bill • PepsiCo was directed to stop unfair trade practices • PepsiCo had to deposit Rs. 2,00,000 in Consumer Welfare Fund, Rs. 2,75,250 as Punitive Damages and also Rs. 75,000 as Costs of Litigation
  • 5. Dharamdas Pritiani vs. HDFC Ergo General Insurance Co.
  • 6. • Pritiani was advised by his doctors to undergo a rare treatment called EECP for his heart ailment in 2008-09 • The treatment was completed in 45 sittings, costing Rs. 1,18,000 • HDFC Ergo rejected the claim saying the treatment was not recognized by the insurer and the policy holder must be hospitalized for at least 24 hours • The complainant claimed treatment was recognized by the US and 40 hospitals in India use EECP method BBBBACKGROUND
  • 7. JUDGEMENT • The forum said the documents furnished by Pritiani support his claim • Consumer Redressal Forum directed HDFC Ergo General Insurance Co. Ltd to pay Rs 1,18,000 towards compensation for refusing a policy holder’s claim • Additional compensation of Rs 5000 to be paid for mental agony
  • 8. Chetanprakash vs MET Institute of Computer Science
  • 9. • Prakash ,final year BSc student sought admission in MET Institute of Comp. Science for MCS before declaration of his final year result • The institute laid a condition, that in order to pursue the MCS course, a student had to clear final year exams • Prakash deposited the fees before declaration of result and failed in exams • He tried to withdraw the admission and requested for a refund, to which the institute did not respond BBBBACKGROUND
  • 10. JUDGEMENT The Court gave a judgment directing the Institute, to pay the complainant, Chetan Prakash, Rs. 32,000 as compensation for harassment, along with the course fee of Rs.62,200.
  • 11. HDFC Bank Limited vs. Balwinder Singh
  • 12. • Balwinder Singh took a car loan from HDFC Bank Ltd but after a few installments were paid he defaulted • The bank, or its loan recovery agent, employed musclemen to take forcible repossession of the hypothecated vehicle on 20.7.2007 • This vehicle was also sold subsequent to re -possession for Rs. 1,65,000 BBBBACKGROUND
  • 13. JUDGEMENT • The District Forum directed that Rs. 4 lakhs be paid as compensation for mental and physical harassment • The cost of re -possession i.e. Rs. 1,65,000 was realized by the petitioner • The OPs shall not be entitled to any interest with effect from that date on the amount remaining unpaid after adjusting the sale price of Rs. 1,65,000 • The OPs were directed to return the cheques received by them and to redraw the account of the complainant and ascertain the principal amount due from him on 20.7.2007 and adjust the amount of Rs. 1,65,000 towards the principal amount. The remaining amount, if any, shall be adjusted out of the compensation amount of Rs. 4,00,000
  • 14. Delhi Development Authority vs. D.C. Sharma
  • 15. • Sharma had applied in 1996 for a flat under a housing scheme floated by the DDA that year • In 1997 he had been allotted a flat after he had paid Rs 30,000 towards booking and confirmation as demanded by the authority • He was given time till June 2000 to deposit the remaining amount, but on enquiry about the status of his flat he had come to know it had been sold to someone else in 1996 BBBBACKGROUND
  • 16. JUDGEMENT • The DDA was directed to provide a flat or pay him Rs 30 lakhs for selling the unit allotted to him to someone else • The commission also directed the DDA to refund Rs 30,000 received towards booking and confirmation from D C Sharma