(101) RAJA GEMS Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Special Contingency Insurance Policy — Complainant dealing in precious stones and jewelry, had an insurance policy with United India Insurance — They claimed a loss due to an armed robbery in San Francisco, where goods worth over $1 million were stolen — The main issue was whether the insurance company was liable to pay the claim, considering the alleged breaches of policy terms by complainant — Complainant argued that they had informed the insurer about the purchase and requested India Law Library Docid # 2419326
(102) DILIP KUMAR CHATURVEDI Vs. UNION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Railway — Theft — The complainant's bag containing cash and jewelry was stolen while traveling on a train — The total value of the stolen items was estimated at Rs. 9,35,300 — Whether the theft of the bag amounts to a deficiency in service on the part of the Railways — The petitioner argued that the theft was due to the negligence of railway staff, citing previous cases where Railways were held liable for similar incidents — The respondents claimed there was no negligence on their India Law Library Docid # 2419327
(103) DHIRAJ KAUSHIK Vs. ANEJA HOSPITAL & NURSING HOME AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Medical Negligence — Petitioner filed a complaint against Respondent-Hospital for not removing his gall bladder during surgery despite charging for it — He experienced ongoing pain and later discovered the gall bladder was still present — Whether there was a deficiency in service by Aneja Hospital and if compensation is due to the complainant — Petitioner argues that the hospital failed to remove the gall bladder as promised, causing prolonged suffering and additional medical expe India Law Library Docid # 2419328
(104) ORIENTAL INSURANCE CO. LTD. Vs. IMRAN ASHRAF[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Burglary under Insurance Policy— Complainant insured shop was burglarized, and his claim for Rs. 6,50,000 was repudiated by Oriental Insurance Company, which led to a legal dispute — Whether the theft met the definition of burglary under the insurance policy, which required forcible and violent entry — The insurance company argued that there was no evidence of forcible entry, as the thieves used stolen keys, thus not meeting the policy's definition of burglary — Complainant conten India Law Library Docid # 2419329
(105) SPICEJET LTD. Vs. MONIL MODI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Airlines — The complainant's baggage was lost during a SpiceJet flight from Chennai to Jaipur —The baggage contained important documents and valuables — SpiceJet offered Rs. 1,300 as compensation, which the complainant deemed inadequate — Whether SpiceJet's compensation was sufficient and if there was negligence or deficiency in service — SpiceJet argued that the complainant violated the terms of the contract by placing valuables in checked baggage — They cited previous legal prec India Law Library Docid # 2419330
(106) M/S. BAJAJ ALLIANZ LIFE INSURANCE COMPANY LIMITED Vs. ANJU KUMARI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Insurance Policy —‘S’ took a loan and an insurance policy was issued without his prior knowledge — After his death, the insurance claim was rejected due to alleged non-disclosure of pre-existing conditions — Whether the insurance claim rejection was justified based on non-disclosure of pre-existing conditions and if the insured person was correctly identified — The insurance claim was untenable due to false declarations about health conditions in the proposal form — The pre-existi India Law Library Docid # 2419331
(107) M/S MOHAN MINES PVT. LTD Vs. M/S. UNITED INDIA INSURANCE COMPANY LTD AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2024 Standard Fire and Special Perils (SFSP) Policy — Appellant insured a hydraulic excavator with United India Insurance Co. Ltd — The excavator was damaged in Bharatpur, but the insurance policy listed Faridabad as the insured location — Whether the insurance claim should be honored despite the damage occurring at a location not specified in the policy — The excavator is movable and can be used at multiple sites — The bank was negligent in providing the wrong location to the insurer — The policy is India Law Library Docid # 2419319
(108) SONI BHARTI Vs. DR. PRABHA SINHA OF MANAS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Medical Negligence — The appellant's newborn baby suffered from medical complications leading to the amputation of the left leg — The appellant alleged medical negligence by the respondents — Whether the respondents breached their duty of care, resulting in harm to the newborn, and whether the principle of res ipsa loquitur applies — The appellant argued that the respondents failed to provide timely and appropriate medical care, leading to the baby's condition worsening and eventual amputation — India Law Library Docid # 2419309
(109) ROHIT CHARAN AND ANOTHER Vs. RAJENDRA SINGH KANDHAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Medical Negligence — The respondent underwent a cataract operation at the appellant's hospital — Post-operation, the respondent experienced eye issues and claimed medical negligence, leading to a complaint and compensation awarded by the State Commission — Whether there was medical negligence by the appellants in conducting the surgery and providing post-operative care — The appellants argued that all necessary pre and post-operative evaluations were conducted, and the respondent's vision post-o India Law Library Docid # 2419310
(110) UNITED INDIA INSURANCE CO. LTD. AND ANOTHER Vs. RAGHAVA ISPAT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Fire insurance policy — The respondent had a fire insurance policy with United India Insurance — A blast occurred in their furnace, leading to a claim for damages — Whether the damage from the blast was covered under the insurance policy or excluded due to the cause being "over-temperature" and internal short-circuit — United India Insurance argued that the damage was excluded under the policy's terms, as it was caused by over-temperature and not fire — Respondent contended that the damage was d India Law Library Docid # 2419311
(111) IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. Vs. SHANKAR LAL YOGI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Commercial Vehicle — Accident — The respondent's commercial vehicle, insured with the appellant, met with an accident and caught fire — The insurance claim was repudiated based on a forensic report suggesting the fire was not accidental — Whether the fire was accidental and covered under the insurance policy, and whether the insurance company was justified in repudiating the claim — The appellant argued that the accident was staged to claim insurance, citing forensic evidence and India Law Library Docid # 2419312
(112) BHATTACHARJEE ENTERPRISE Vs. AJAY PRASAD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Housing — Non-delivery of the flats — The complainant entered into an agreement with the developer to purchase two flats for Rs. 33,57,000/- — The complainant paid Rs. 37,35,640/- but did not receive the flats as agreed —The main issues include the alleged non-delivery of the flats, excess payment, and the authenticity of the money receipts — The complainant argued for the completion of unfinished works, execution of the sale deed, and compensation for mental agony and litigation India Law Library Docid # 2419313
(113) BELUR SRAMAJIBI SWASTHYA PRAKALAPA SAMITY Vs. BLUE STAR LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — “commercial purpose” —The appellant purchased a pre-owned CT scanner from the respondent — The scanner was delivered without the necessary Atomic Energy Regulatory Board (AERB) certification, leading to a legal dispute —Whether the appellant qualifies as a "consumer" under the Consumer Protection Act, and whether the respondent's failure to provide the AERB certification constitutes a deficiency in service — The appellant argued that the CT scanner was purchased for charitable pur India Law Library Docid # 2419314
(114) UNITED INDIA INSURANCE COMPANY LIMITED Vs. M/S. CORE GREEN SUGARS & FUELS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Storage-cum-Erection Insurance Policy — The dispute centers around an insurance claim for damage to molasses tanks due to heavy rains — Whether the damage was due to faulty design and bad workmanship, which are excluded from the insurance policy, or due to an act of God (heavy rains) — The insurance company argued that the damage was due to faulty design and bad workmanship, as per the surveyor and expert reports, and thus excluded from the policy — The respondent claimed the dama India Law Library Docid # 2419315
(115) MATA CHANAN DEVI HOSPITAL Vs. SAJJAN SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Railway — Accident — Medical Negligence — The complainant suffered a railway accident and was initially taken to Base Hospital, which refused treatment — He was later admitted to another, where delayed treatment allegedly led to the amputation of both legs — Whether there was medical negligence and deficiency in service by the hospitals and their doctors — The hospital delayed surgery, leading to unnecessary amputation and further complications — The discharge was premature despit India Law Library Docid # 2419316
(116) PRIYANKA OVERSEAS PVT. LTD. Vs. ORIENTAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Motor Accident Claims — The complainant leased a Toyota Land Cruiser Prado and insured it — The vehicle met with an accident, and the insurance claim was repudiated because the vehicle was not registered in the complainant's name — Whether the complainant had an insurable interest in the vehicle and if the repudiation of the insurance claim was justified — The insurance policy was valid based on the lease agreement, and the policy should cover the accident — The complainant lacked insurable inte India Law Library Docid # 2419317
(117) M/S HDFC STANDARD LIFE INSURANCE COMPANY LTD Vs. MRS GANGINENI VASUNDHARA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Non-disclosure of previous policies — The respondent's husband had taken life insurance policies from the appellant — After his death, the claim was repudiated by the appellant on the grounds of non-disclosure of previous policies — Whether the non-disclosure of previous policies by the deceased life assured (DLA) justified the repudiation of the insurance claim — The appellant argued that the DLA failed to disclose existing policies, constituting non-disclosure of material facts, India Law Library Docid # 2419318
(118) BAJAJ ALLIANZ LIFE INSURANCE COMPANY LIMITED Vs. KAMUBEN ARVINDBHAI PATNI W/O LATE ARVIND BABUBHAI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 211 days —Delay in filing the petition due to the time taken to procure trial records and translations — The main issue was whether the delay of 211 days in filing the revision petition could be condoned — The petitioner argued that the delay was due to the time required to gather trial records and translate documents, and requested condonation of the delay — The Commission found the reasons for the delay insufficient and dismiss India Law Library Docid # 2419307
(119) PIYUSH PRIYADARSHAN DASH Vs. KANHU CHARAN NAIK[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2024 Consumer Law — Unfair trade practice — The petitioner challenged an order from the State Commission Orissa regarding unfair trade practices by the respondent — The main issue is whether the State Commission erred in entertaining the appeal without the respondent depositing 50% of the amount required to be paid as per the District Commission's order — The petitioner argued that the respondent did not comply with Section 41 of the Consumer Protection Act, 2019, which mandates depositing 50% of the India Law Library Docid # 2419308
(120) ANGAD SINGH KOHLI Vs. GREATER MOHALI AREA DEVELOPMENT AUTHORITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2024 Consumer Law — Housing — Delay in delivery of possession — Despite making all required payments, the project was not completed on time —The main issue is whether the complainant is entitled to a refund with interest due to the delay in possession and if the forfeiture of 10% of the sale consideration by the opposite party was justified — The complainant argued that the delay in possession was significant, and he sought a refund of the amount paid along with interest and compensation for mental a India Law Library Docid # 2419377