Tagged “deficiency-in-service”

7 articles on deficiency-in-service.

TribunalNational Consumer Disputes Redressal Commission

Fortis Health Care v. Bhagchand Meena (2024): res ipsa loquitur and the missing informed consent

The NCDRC dismissed Fortis neurosurgeons' appeal and upheld a ₹50 lakh award, holding negligence proved on res ipsa loquitur where surgery proceeded without fresh pre-operative investigations and without informed consent, while exonerating the hospital.

Valkya Editorial·23 Jun 2026·6 min

TribunalNational Consumer Disputes Redressal Commission

Asian Theatres v. Oriental Insurance: repudiating a film-loss claim as deficiency (2026)

The NCDRC set aside Oriental Insurance's repudiation of a film distributor's loss-of-revenue claim as arbitrary, a deficiency in service, awarding ₹3.80 crore.

Valkya Editorial·15 Jun 2026·6 min

Supreme CourtSupreme Court of India

Bar of Indian Lawyers v. D.K. Gandhi: advocates outside consumer law

On 14 May 2024, the Supreme Court held that advocates' services fall outside the Consumer Protection Act, and doubted V.P. Shantha, referring the doctors question to a larger bench.

Valkya Editorial·1 Jun 2026·8 min

TribunalNational Consumer Disputes Redressal Commission

Fortis Hospital: the claimant's burden of proof in medical negligence

NCDRC set aside a ₹15 lakh award against Fortis Hospital: a medical-negligence claimant must prove breach, injury and causation; a bad result is not negligence.

Valkya Editorial·1 Jun 2026·8 min

TribunalNational Consumer Disputes Redressal Commission

Mantra Lifestyle Homes: possession without an occupancy certificate, and the buyer's right to refund

NCDRC held a builder's failure to give possession or obtain an occupancy certificate a deficiency in service, ordering full refunds to seven buyers.

Valkya Editorial·1 Jun 2026·8 min

TribunalNational Consumer Disputes Redressal Commission

National Insurance: four-year-delayed repudiation as deficiency in service

The NCDRC held National Insurance liable: repudiating a fidelity-guarantee claim four years after filing is itself a deficiency in service, whatever the merits.

Valkya Editorial·1 Jun 2026·8 min

Supreme CourtSupreme Court of India

Canara Bank v. Kavita Chowdhary: banks as agents, stale cheques, and deficiency in service under the Consumer Protection Act

On 15 April 2026, a two-judge bench of Justices B.V. Nagarathna and Ujjal Bhuyan held that a bank receiving cheques for collection acts as an agent of the customer and is bound to present the instruments within the validity period; the failure to do so — resulting in the cheques becoming stale, without a reasonable explanation — constitutes deficiency in service under the Consumer Protection Act. The Court moderated the compensation, reducing the consumer-commission award from 10 per cent to 6 per cent of the cheque amount with 6 per cent interest. A digest of the holding and the doctrinal architecture for banking-agent liability.

Valkya Editorial·31 May 2026·7 min