ive
Latest Cases

(1) SMT. BUDHWARA CHOUHAN W/O. LATE SHRI JAGATRAM AND OTHERS Vs. MANAGER/ PROPRIETOR, VENUS HOSPITAL RAIGARH,DR. SUNIL RATRE AND OTHERS[CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024
Consumer Law - Medical Negligence - The case revolved around whether the hospital and its doctors were negligent in treating the appellants, who suffered a loss of vision after cataract surgery - The appellants claimed that the hospital did not inform them about potential complications post-operation, leading to their loss of vision - The respondents denied these claims, stating that the surgeries were performed correctly and any vision loss was due to pre-existing conditions - The Chhattisgarh
India Law Library Docid # 2415036

(2) THE ORIENTAL INSURANCE COMPANY LTD Vs. SMT. KAVERIBAI AND OTHERS[MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION] 14-05-2024
Consumer Law – Insurance claim - The case revolves around an insurance claim involving a deceased individual who had a medi-claim policy of Rs. 4,50,000 - The deceased claimed Rs. 7,55,752 for hospitalization expenses, with the insurance company paying Rs. 2,50,156 - The dispute revolves around whether the insurance company is liable to pay the remaining claim amount under the old policy or the new policy, considering the overlapping hospitalization period during policy renewal - The insurance
India Law Library Docid # 2415037

(3) THE MANAGER, KOTAK MAHINDRA BANK LTD. AND OTHERS Vs. PARTAP SINGH SON OF SAWARAJ SINGH[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024
Consumer Law - Illegal repossession - The dispute revolves around a financed tractor dispute, with the respondent accusing Kotak Mahindra Bank Ltd of illegal repossession - The appellants claim they followed due process and repossessed the tractor for non-payment, while the respondent claims it was taken without notice, causing mental agony and a deficiency in service - The State Consumer Disputes Redressal Commission upheld the District Commission's order, directing the appellants to deduct pai
India Law Library Docid # 2415038

(4) HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND OTHERS Vs. SHUBH LATA AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024
Consumer Law -Housing loan – Claim - The insurance company argued that the cause of death was not covered under the policy, but the court upheld the District Commission's order, dismissing HDFC ERGO's appeal and partially allowing HDFC Bank's appeal - The court found the insured's condition was chronic and covered under 'Major Medical Illness', thus the claim rejection was unjustified - HDFC ERGO was directed to settle the loan with HDFC Bank and compensate Shubh Lata, while HDFC Bank could clai
India Law Library Docid # 2415040

(5) M/S JABALPUR TRACTORS PVT.LTD. Vs. AIR COMMAND INDIA LIMITED AND OTHERS[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024
Consumer Law – Defective Air conditioners - In 1995, a complainant purchased five air conditioners that were not functioning properly - The District Commission ordered a refund and compensation, but the complainant claimed the full amount was not paid, while the respondents claimed a compromise was reached - The complainant argued they did not accept the compromise or partial payment, and the execution court should not alter the original decree - The respondents claimed they paid Rs.1,60,000 and
India Law Library Docid # 2415041

(6) OFFICER-IN-CHARGE AND ANOTHER Vs. AMRITLAL YADAV[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024
Consumer Law – Electricity – Inflated Bills - Domestic electricity customer, filed a complaint against the electricity company for billing inflated bills during a non-functional transformer - The company argued that the bills were based on actual consumption and that Yadav never reported a transformer defect - The State Commission dismissed the complaint, stating it was vague and unproven, lacking evidence of other affected consumers or proper documentation - The absence of seals, signatures, af
India Law Library Docid # 2415042

(7) SMT. RAMSHRI TOMAR Vs. CHOLAMANDLAM MS GENERAL INSURANCE COMPANY LIMITED THROUGH MANAGER AND OTHER[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024
Consumer Law – Theft of Vehicle - The appellant's truck was stolen, and her insurance claim was denied due to delayed intimation and policy violation - The appellant argued that her father-in-law's illness caused the delay, and the insurance company unfairly repudiated her claim - The court dismissed her appeal, stating that there was a clear violation of policy terms due to delayed intimation to the police and the insurance company - Supreme Court judgments emphasized the importance of immedia
India Law Library Docid # 2415043

(8) ORIENTAL INSURANCE CO.LTD. AND OTHERS Vs. SHAILENDRA KUMAR PATEL[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION,] 13-05-2024
Consumer Law – Theft of Vehicle - Vehicle was insured with Oriental Insurance Company and was involved in an accident, resulting in the theft of the engine, gear box, and battery - The insurance company offered compensation, but the complainant refused, leading to a dispute over liability - The insurance company argued they were not liable for the theft as the vehicle was left unattended - The complainant claimed the company assessed the loss on a total loss basis and was entitled to Rs.4,82,078
India Law Library Docid # 2415039

(9) TELCO CONSTRUCTION EQUIPMENT CO. LTD. AND OTHERS Vs. STONE INTERNATIONAL PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-05-2024
Consumer Protection Act, 1986 - Sections 2(1)(d) and 19 - The case revolves around an ‘excavator’ issue where the respondent, Stone International Pvt. Ltd., was deemed a 'consumer' under the Consumer Protection Act, 1986, as it was purchased for commercial use - The petitioner, Telco Construction Equipment Co. Ltd., argued that the respondent was not a 'consumer' due to the excavator's commercial nature and no defects in service or manufacturing - The court allowed the appeal, setting aside the
India Law Library Docid # 2414898

(10) DR. TRIPTI DAS AND ANOTHER Vs. DR. PHANI BHUSAN MANDAL ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-05-2024
Consumer Protection Act, 2019 - Section 50 - The State Consumer Disputes Redressal Commission does not have the power to review its own order under Section 50 of the Act, 2019, unless there is an error apparent on the face of the record.
India Law Library Docid # 2414899

(11) UNITED INDIA INSURANCE CO. LTD. Vs. M/S. KHADI UDHYOG[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-05-2024
Fire Insurance Policy – Repudiation of Claim - Investigator's and surveyor's reports - The State Commission's decision to settle a claim at 75% despite a surveyor's report, led to the claim's repudiation, was disputed by the appellant - The respondent argued that the surveyor's report was unreliable and biased, and the State Commission correctly pointed out the appellant's unjust repudiation - The National Consumer Disputes Redressal Commission set aside the order, allowing the appeal and statin
India Law Library Docid # 2414900

(12) BAJAJ ALLIANZ LIFE INSURANCE CO. LTD. AND ANOTHER Vs. CHANDERSHEKARAPPA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-05-2024
Insurance claim - Non-disclosure of pre-existing conditions - The main issue is whether the insurance claim was rightly repudiated based on the alleged suppression of pre-existing diseases by the deceased insured when taking the policy - The insurance company argued that the claim was correctly denied due to the non-disclosure of pre-existing conditions, which is a fundamental breach of the insurance policy terms - The National Consumer Disputes Redressal Commission set aside the orders of the l
India Law Library Docid # 2414901

(13) PARULBEN SHAILESBHAI CHUNARA Vs. DR. VINAYKUMAR C. SINHMALTIDEV MATERNETY HOSPITAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-05-2024
Medical Negligence - The Complainant experienced complications during childbirth leading to excessive bleeding and the removal of her uterus - The main issue is whether there was medical negligence OP-doctor in the treatment provided to the Complainant during childbirth - The Petitioner argued that the OP doctor's actions led to a severed uterine vein, excessive bleeding, and delayed transfer to another hospital, constituting medical negligence - The Respondent contended that the treatment adher
India Law Library Docid # 2414902

(14) SANJEEV GROVER Vs. M/S. STAR HEALTH & ALLIED INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-05-2024
Mediclaim – Repudiation of – Pre-existing disease - The main issue was whether the petitioner concealed or misrepresented his pre-existing condition at the time of obtaining the insurance policy - The petitioner argued that there was no wrongful concealment of material facts and that the insurance claim was unjustly repudiated - The respondent argued that the claim was correctly repudiated due to non-disclosure of the condition - The National Commission upheld the State Commission's decision, di
India Law Library Docid # 2414903

(15) M/S. SHAH VADILAL JETHALAL Vs. NEW INDIAASSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-05-2024
Burglary and House Breaking Policy - Burglary - The appellant, a distributor for TISCO, filed a claim for a loss of Rs 89,29,703.65 against the respondent insurance company after a burglary occurred - The State Commission dismissed the appellant's complaint, arguing that the policy was in force and no exclusion clause was applicable - The appellant argued that adequate security measures were taken and the appeal was filed within the limitation period - The respondent argued that the appellant vi
India Law Library Docid # 2414904

(16) LIFE INSURANCE CORPORATION OF INDIA Vs. SHUBHALAXMI SHANKAR SHETTY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-05-2024
Life insurance policy – Repudiation of claim, citing non - disclosure of previous health issues and insurance policies - The case revolved around the repudiation of a life insurance claim due to the non - disclosure of certain health conditions and previous policies by the deceased - The respondent, LIC, argued that the deceased's diabetes and previous operation were grounds for repudiation under the Insurance Act - The National Consumer Disputes Redressal Commission ruled in favor of the respon
India Law Library Docid # 2414905

(17) ZONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. SUNIL KUMAR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-05-2024
Mediclaim Policy - The complainant filed a claim against LIC for a policy that covered her 100% disability after an accident - The claim was rejected due to a pre - existing condition - LIC argued that the complainant had a pre - existing condition not disclosed at the time of purchase - The complainant argued that she was entitled to the policy's sum assured and additional benefits due to the accident - The National Commission modified the lower fora's orders, directing LIC to pay the sum assur
India Law Library Docid # 2414907

(18) UNITED INDIA INSURANCE COMPNAY LTD Vs. SUKH LAL SONI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-05-2024
Medical Policy – Renewal - The case revolves around a medical policy renewal dispute following the merger of Syndicate Bank with Canara Bank, leading to higher premiums and policy changes - United India Insurance Company argued that the merger ended the original corporate agreement, while the respondent argued the policy should continue on original terms - The National Consumer Disputes Redressal Commission dismissed the revision petition, finding no evidence of subsidized rates and determining
India Law Library Docid # 2414908

(19) H. WADHWA Vs. BSES RAJDHANI POWER LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-05-2024
Consumer Law – Electricity Disconnection - The petitioner faced electricity disconnection and inflated bills due to her frequent absence from Delhi - Despite attempts to resolve the issue, the supply was not restored - The respondent alleged non - cooperation and failed to facilitate meter reading, leading to disconnection - The court dismissed the petition, but called for the respondent to waive additional charges and restore the electricity connection upon payment.
India Law Library Docid # 2414909

(20) THE INDIAN INSTITUTE OF METALS THROUGH ITS SECRETARY GENERAL Vs. SARAT KUMAR K[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-05-2024
Condonation of Delay - The court had to decide whether to condone a 312 - day delay in an appeal filed by the petitioner, who claimed they were not informed about the impugned order by their counsel and discovered it in October 2023 - The court found the petitioner's arguments insufficient to justify the delay, noting that free copies of the orders were sent to the appellant and the delay was neither insignificant nor small - The application for condonation of delay was dismissed due to lack of
India Law Library Docid # 2414906