Consumer Disputes

With a dedicated team handling this practice area, the Firm provides a one-stop legal solution to a range of clients from home buyers and individual purchasers to real estate developers, automobile manufacturers, doctors and hospitals. In the last few years, we have built a robust practice in the field of consumer protection, which focuses not only on general consumer litigation but also on medical negligence and real estate.

We regularly advise on strategy and represent our clients before the Supreme Court, the National Commission, the State Commissions and the District Commissions. Our consumer team has handled a large volume of cases in the National Commission, with a high success rate. Whether clients are pursuing consumer litigation or defending it, we work with them to provide long-term solutions keeping in mind costs and other constraints.

Key highlights

Being one of the principal legal representatives for the DLF group, the Firm has had occasion to successfully represent them in a number of matters, across various consumer fora. The Firm successfully represented DLF Ltd. in a matter where the complainants filed a class action alleging that DLF had indulged in unfair trade practices and sought compensation for delay in handing over possession of the apartments. The action was held not to be maintainable on the ground that the complainants were not consumers and had received DLF’s services for a commercial purpose.

The Firm successfully represented DLF Southern Homes Pvt. Ltd. in a heavy litigation before the National Commission instituted more than 300 complaints making demands for the refund of parking charges and other taxes, which had the potential to impact not only the project consisting of approximately 1900 apartments but also the entire region of Bangalore, a significant commercial and residential realty hub. The case was dismissed by the National Commission and has laid down an important precedent.

The Firm successfully defended Bombay Hospital & Medical Research Centre in the case of Bombay Hospital & Medical Research Centre v. Asha Jaiswal & Ors. wherein the Supreme Court has refined the test for medical negligence against a hospital or medical professional. In this decision, the Supreme Court has significantly diluted the liability of medical professionals in cases where requisite care was exercised. This case is considered a landmark judgment in the medical negligence jurisprudence of our country.

The Firm successfully represented Tata Motors in the State Commission and National Commission in litigation which had sought recall of all Tata Nano models manufactured by Tata Motors.

The Firm is currently representing Tata Housing & Development Co. Ltd. in the National Commission in a class action initiated by the flat purchasers with respect to its La Montana Project.
The Firm is currently representing the Adani Brahma Synergy Pvt. Ltd. in a class action consumer complaint filed against it in the National Commission in relation to the Samsara project situated at Gurugram.