(101) SBI LIFE INSURANCE COMPANY LIMITED Vs. NAVNEET NAROLIYA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-10-2024 Consumer Law — Mediclaim — Pre-existing Disease — Repudiation of Claim — The complainant purchased an SBI Life Hospital Cash Policy and faced issues with claim repudiation due to pre-existing conditions not disclosed in the proposal form — Whether the insurance company was justified in repudiating the claim based on non-disclosure of pre-existing conditions — The insurance company argued that the complainant suppressed material facts about his pre-existing condition, which justified the repudiat India Law Library Docid # 2419371
(102) KASHMIR SINGH GILL Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Consumer Law — Travel insurance policy — The petitioner had a travel insurance policy from Bajaj Allianz — During his trip to the USA, he experienced Haematuria and filed a claim for medical expenses, which was rejected by the insurer citing a pre-existing condition —Whether the claim for Haematuria was justifiably denied based on non-disclosure of a pre-existing condition — The petitioner argued that Haematuria was not a chronic condition and was not disclosed as it had not been previously diag India Law Library Docid # 2419368
(103) M/S NATIONAL INSURANCE COMPANY LTD. Vs. M/S REVEX PLASTICISERS PVT. LTD AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Consumer Law — Inland Transit Insurance policy — The complainant insured a consignment that was allegedly not delivered to their factory — The insurer-Company Ltd., denied the claim, citing fraudulent actions by the complainant's employee — Whether the loss occurred during transit and if the insurer is liable for the loss caused by the employee's fraudulent actions — The insurer argued that the policy does not cover losses due to employee dishonesty and that the consignment was delivered as per India Law Library Docid # 2419362
(104) LIFE INSURANCE CORPORATION OF INDIA Vs. VENUS CHAUDHARY (MINOR) THROUGH HER FATHER AND LEGAL GUARDIAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Consumer Law — Non-Disclosure of existing policies and medical condition — Whether the deceased had concealed material facts about her health and existing policies, and whether the repudiation of the claims by LIC was justified — LIC argued that the deceased had schizophrenia, which was not disclosed, and that she misrepresented her occupation and income — They claimed these omissions were material and justified the repudiation of the policies — The respondent contended that there was no deliber India Law Library Docid # 2419363
(105) ASHOK BHATIA Vs. TRAWELLTAG INDIA PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Consumer Law — Travel insurance Policy — The appellant purchased travel insurance and faced medical emergencies during his trip to London — Despite having insurance, his claims were partially rejected —Whether the appellant can file a complaint after accepting a cheque marked as "full and final settlement" and whether the insurance company was justified in rejecting parts of his claim — The appellant argued that the acceptance of the cheque was not a unilateral act and that the State Commission India Law Library Docid # 2419365
(106) RICOH INDIA LIMITED Vs. M/S. RAJESH XEROX[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Consumer Law — Defective Machinery — Respondent purchased a multi-colour digital copier machine from appellant which was later found to be defective — The complainant sought a refund, which was initially granted by the District Commission and partially upheld by the State Commission — The main issues were whether the complainant was a consumer, whether the complaint was filed within the limitation period, and whether there was a manufacturing defect in the machine — The petitioner argued that th India Law Library Docid # 2419366
(107) ACHLA RAM Vs. UNITED INDIA INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Consumer Law — Commercial Vehicle — Plying on a route without a valid permit — The petitioner owned a bus insured by United India Insurance Company — The bus caught fire due to a short circuit, and the insurance claim was repudiated because the bus was allegedly plying on a route without a valid permit —Whether the insurance company was justified in repudiating the claim based on the bus being on a different route than permitted — The bus was returning from repairs and was not carrying passenge India Law Library Docid # 2419367
(108) URBAN IMPROVEMENT TRUST, BIKANER Vs. BABULAL JAT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-09-2024 Consumer Law — Housing — Non-Possession of the Plot — The complainant purchased a plot in an auction organized by the Urban Improvement Trust, Bikaner — However, the plot was already under a legal dispute, and he could not take possession — He sought a refund with interest, which was initially denied — Whether the complainant qualifies as a consumer under the Consumer Protection Act and if he is entitled to interest on the refunded amount — The petitioner argued that an auction purchaser is not India Law Library Docid # 2419360
(109) BALJINDER SINGH Vs. NEW INDIA ASSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-09-2024 Consumer Law — Motor Vehicle Theft — Partial Claim Settlement — The petitioner had his insured vehicle stolen and received a partial claim settlement — He sought the remaining amount, interest, damages, and litigation expenses — Whether the insurance claim settlement on a non-standard basis due to delayed reporting was legal and if the petitioner was entitled to the remaining claimed amount — The petitioner argued that the insurance company arbitrarily reduced the claim amount and that he accept India Law Library Docid # 2419361
(110) PRASAD CO-OP/ CREDIT SOCIETY LTD. Vs. MANIK MARUTI ADSULE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-09-2024 Consumer Law — Financial Service — Loan — Discrepancies in the loan amount and EMI deductions — The complainant took loans totaling Rs. 3,50,000 and alleged discrepancies in the loan amount and EMI deductions — Whether there was a deficiency in service by the OP for not providing a repayment schedule and if the complainant was overcharged — The OP argued that the loans were governed by specific agreements, and there was no breach of contract — They also contended that the principle of "Damdupat India Law Library Docid # 2419364
(111) DENA BANK (NOW BANK OF BARODA) Vs. RANI MISHRA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-09-2024 Consumer Law — Banking Services — Joint Account — Withdrawal of Amount — The case involves a dispute between Dena Bank and Respondent — Respondent’s husband allegedly withdrew Rs. 51,20,791.57 from a joint account without her consent — Whether the bank was deficient in service by allowing unauthorized withdrawals and converting the account to a joint account without proper authorization — The bank argued that the complaint involved complex issues of forgery and fraud, which should not be decided India Law Library Docid # 2419358
(112) NATIONAL INSURANCE CO. LTD Vs. STAR COLD STORAGE AND ICE FACTORY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-09-2024 M B Policy and DOS insurance policy — Violations of policy conditions — The respondent filed a claim for loss of potatoes stored in their cold storage, which was repudiated by the appellant due to alleged violations of policy conditions and warranty terms — Whether the repudiation of the insurance claim by the appellant was justified based on the surveyor's report and the alleged violations of policy conditions by the respondent — The appellant argued that the respondent violated several policy India Law Library Docid # 2419359
(113) M/S. T.C. ENTERPRISE AND ANOTHER Vs. HARIDAS CHAKRABORTY (SINDE DECEASED) HIS LEGAL HEIRS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Consumer Law — Housing — Non-Delivery of Possession — The respondents purchased a flat from the appellants, paying the full amount of Rs. 35 lakhs — They alleged incomplete construction and non-delivery of the flat despite full payment — Whether the appellants failed to deliver the flat as agreed and whether the respondents are entitled to compensation — The appellants claimed the respondents did not pay the full amount and service tax, and that the dispute is civil, not consumer-related — The r India Law Library Docid # 2419436
(114) UNION BANK OF INDIA Vs. SUSHIL KUMAR SHUKLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Consumer Law — Banking Services — Locker — Burglary — Multiple appeals were filed against the Union Bank of India regarding a burglary where customers lost valuables from their lockers — The State Commission had awarded compensation to the complainants — The main issues were the bank's liability for the burglary, the adequacy of security measures, and the appropriate compensation for the complainants — The bank argued there was no security lapse, no involvement of bank employees, and that the re India Law Library Docid # 2419437
(115) ORIENTAL INSURANCE CO. LTD. Vs. CALTAN INSTRUMENTS LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Marine Cargo Inland Transit Cover policy — The policy covered transit risks for goods transported from New Delhi to anywhere in India and Nepal — The main issue is whether the insured was required to declare all consignments under the policy and whether the policy limit was exhausted at the time of the loss — Insurance argued that the insured did not declare all consignments, which exhausted the policy limit — They claimed the policy was void due to non-declaration and that the loss was not cove India Law Library Docid # 2419438
(116) BRIJENDER SINGH Vs. ORIENTAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Consumer Law — Machinery — Theft — The petitioner had a Combine Harvester insured with Oriental Insurance Co. Ltd — The harvester was stolen after an accident on 24.03.2011 — The insurance claim was repudiated on 13.06.2013 — The main issue is whether the complaint was filed within the limitation period as per Section 24A of the Consumer Protection Act, 1986 — The petitioner argued that the complaint was within the limitation period and that the delay was due to pursuing legal remedies in good f India Law Library Docid # 2419439
(117) RANBIR SINGH AND OTHERS Vs. DR. NARESH MITTAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Consumer Law — Medical Negligence — Respiratory issues — Condition worsened, and later diagnosed with dengue and malaria at another hospital and died — The main issue is whether there was medical negligence and deficiency in service by respondent and the hospital — The petitioners argue that the hospital failed to conduct necessary tests and provide timely treatment, leading to death — They claim negligence and seek compensation — Dr. Mittal and the insurance company argue that the treatment was India Law Library Docid # 2419440
(118) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. N. HALAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Insurance Policy — Policy Transfer — The respondent purchased an insurance policy and later faced issues with loan repayments and policy transfer — Discrepancies in loan repayment records led to a dispute — Whether the complainant had paid Rs. 2,00,000 in cash to the petitioner on 03.02.2007 and if the policy should be returned — The petitioner argued that the complainant did not provide PAN details, receipts were canceled, and no documentary evidence of loan repayment was furnished — The respon India Law Library Docid # 2419441
(119) KAVITA CHOWDHARY Vs. CANARA BANK[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-09-2024 Consumer Law — Banking — Delay in presenting of Cheques by Bank — The complainants deposited two cheques totaling Rs. 1,06,10,768/- into their Canara Bank accounts — The cheques were not cleared due to delays and were returned as stale — Whether Canara Bank was negligent in presenting the cheques for clearing within the validity period, causing financial loss to the complainants — The complainants argued that the bank's failure to present the cheques on time resulted in a loss of Rs. 1,06,10,768 India Law Library Docid # 2419426
(120) VARUN AHUJA AND OTHERS Vs. M3M INDIA PRIVATE LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Consumer Law — Housing — Commercial Purpose — The complainants purchased multiple commercial units from M3M India Pvt. Ltd. and other parties, which they leased out for rental income — The opposite parties argue that the complainants are not consumers under the Consumer Protection Act, 2019, as the purchases were for commercial purposes — Whether the complainants qualify as consumers under the Consumer Protection Act, 2019, given that the units were purchased for commercial purposes and leased o India Law Library Docid # 2419425