#consumer jurisdiction

The West Bengal State Consumer Disputes Redressal Commission dismissed a complaint for deficiency in service, ruling that filing before construction completion is premature and lacks reliable evidence. The ruling underscores that consumer claims under the Consumer Protection Act, 1986, must be substantiated with proof of actual deficiency, not speculative measurements or premature allegations.

The Delhi State Consumer Commission ruled that failure to deliver plot possession constitutes a continuous deficiency in service under the Consumer Protection Act, and any forfeiture of earnest money beyond 10% of the sale consideration is unconscionable and unenforceable. This sets a critical precedent for homebuyers facing unjust penalties from developers who delay or deny possession, reinforcing buyer protections in real estate transactions.

The West Bengal State Consumer Commission ruled that banks cannot dismiss fraud complaints at the admission stage merely for lack of an FIR, as this violates the Consumer Protection Act's mandate to address deficiency in service. The Commission remanded the case for a full hearing, emphasizing that procedural hurdles cannot override substantive consumer rights, especially in financial fraud cases.