#Deficiency of Service

The West Bengal State Consumer Commission held that a developer cannot deliver possession without a valid occupancy certificate, awarding the complainant ₹5 lakh compensation and ₹50,000 costs, and ordering delivery of the flat with the certificate within six weeks. The ruling safeguards homebuyers from premature possession and underscores the developer’s obligation to secure statutory clearances before handing over property.

The Delhi State Consumer Commission held SBI deficient for not proving the customer authorised the mobile number change that led to ₹42.9 lakh unauthorised withdrawals, ordering refund of that amount plus ₹1 lakh compensation. The ruling clarifies that banks bear the burden of proof for mandate verification, protecting senior customers from fraud due to lax internal controls.

WB State CDRC awarded ₹11,73,420 for flat-area shortfall (market value) and ordered interest plus possession letter within 45 days. It confirms that area deficiency in property is a deficiency of service, entitling buyers to market-based compensation.

Delhi State Consumer Commission rules that the Department of Post is vicariously liable for fraud committed by its SAS agent, reinforcing consumer protection under the Consumer Protection Act, 1986. The judgment sets a precedent that public service entities cannot evade responsibility for deficiencies caused by their agents, directly impacting consumer rights and service accountability.

Telangana State Consumer Disputes Redressal Commission rules that insurers cannot repudiate Group Personal Accident Insurance claims under exclusion clauses based on mere medical history entries; scientific evidence of intoxication is mandatory. This sets a precedent for stricter proof standards in insurance disputes, impacting claimants and insurers alike.

Andhra Pradesh High Court holds insurers must fully disclose technical scheme terms to farmers; mere pamphlet distribution insufficient to discharge duty of utmost good faith.