(121) NATIONAL INSURANCE CO. LTD. THROUGH REGIONAL MANAGER AND OTHERS Vs. IQBAL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-01-2025 Consumer Protection Act, 1986 — Sections 2(1)(c), 2(1)(d), 19, Section 2(1)(c) — Complaint Filing — Authorisation — Purchaser was proprietor of company, not contested by insurer before State Commission — Not considered challenge to complaint filing. India Law Library Docid # 2422866
(122) M/S. SAMTA MOTORS PRIVATE LIMITED THROUGH ITS AUTHORISED SIGNATORY Vs. NARENDER AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-01-2025 Consumer Protection Act, 1986 — Revisionary Jurisdiction — Limited Scope — National Commission's revisional powers are limited to jurisdictional errors or illegal/irregular exercise of jurisdiction by lower fora, not to re-appreciate concurrent findings of fact based on evidence. India Law Library Docid # 2422863
(123) ASHOK AGARWAL AND ANOTHER Vs. ARUN KUMAR PAREEK AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-01-2025 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petitioner against State Commission's Revisional Order — Maintainability — A second revision petition against an order passed by a State Commission in its revisional jurisdiction is not maintainable under the Consumer Protection Act, 2019. India Law Library Docid # 2422862
(124) VIRUPAMMA Vs. BRANCH MANAGER, BAJAJ ALLIANZ LIFE INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2025 Insurable Interest — Non-disclosure — HIV infection — Deceased tested negative for HIV via Tri-dot method before policy issuance — Later tested positive after policy issuance — Insurance company repudiated claim citing non-disclosure of material fact — Court found no evidence of suppression as deceased was unaware of infection at time of application — Medical report confirmed negative test result was in accordance with protocol — Repudiation unjustified. India Law Library Docid # 2422860
(125) INTERNATIONAL CARS AND MOTORS LIMITED AND ANOTHER Vs. MALINI SHAJU AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2025 Consumer Protection Act, 1986 Section 2(1)(f) "defect" and Definition of "manufacturing defect" Expert report did not equate observed defects with manufacturing defects, despite vehicle's age and usage of 90,000 km. Held that defects, while present, were not proven to be manufacturing defects by the expert. India Law Library Docid # 2422861
(126) M/S. C.B. GRANITE THROUGH SHRI BHUPENDRA SINGH Vs. U.P. POWER CORPORATION LTD. THROUGH EXECUTIVE ENGINEER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-01-2025 Consumer Protection Act, 1986 — Section 2(1)(d) — "Consumer" — Commercial Purpose — Granite crusher unit powered by 98 HP electricity connection, employing multiple people, is not for self-employment for livelihood but for large-scale business, thus not a "consumer" under the Act. India Law Library Docid # 2422857
(127) M/S. SAVITRI FILLING STATION Vs. SANDEEP YADAV[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition challenging State Commission order setting aside District Forum order — Dispute regarding scope of contract for petrol pump work — Petitioner alleged respondent failed to lay tiles as per agreement — Respondent claimed contract included laying of vapsi rori and petitioner failed to make balance payment — District Forum favored petitioner, State Commission favored respondent — National Commission found State Commission's order reas India Law Library Docid # 2422858
(128) CTR MANUFACTURING IND. LTD. THROUGH REGIONAL MANAGER Vs. MRUTYUNJAY PRASAD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Interference by higher forum — Reassessment of evidence — Higher forum in revisional jurisdiction should not re-assess or re-appreciate evidence when lower forums have concurrent findings of fact — Interference is only justified if findings are perverse or lower forums acted without jurisdiction. India Law Library Docid # 2422859
(129) M/S OM SHRIM DEVELOPERS THROUGH AUTHORISED REPRESENTATIVE AND OTHERS Vs. BALVINDER SINGH NEEL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-01-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause — Appellants sought condonation of 541 days delay in filing appeal — Appellants claimed ignorance due to judicial custody of key personnel — Evidence showed execution of Vakalatnama by appellant no. 2 while in custody, indicating knowledge of proceedings — Bail order of another appellant also mentioned pendency of consumer complaint — Court found appellants' explanations to be incorrect and misleading, and not constitutin India Law Library Docid # 2422852
(130) PURAB D. SHAH Vs. NATIONAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-01-2025 Insurance — Standard Fire and Special Perils Policy — Claim for loss due to fire — Complainant's claim vs. Surveyor's assessment — Insurer paid part of claim, dispute over remaining amount — Owed balance amount with interest. India Law Library Docid # 2422853
(131) VIKAS CHANDRA MISHRA Vs. NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-01-2025 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Delay in filing — Condonation — Delay of 22 days in filing the Revision Petition was condoned in the interest of justice. India Law Library Docid # 2422854
(132) DR. A.K. RAI Vs. PRADEEP KUMAR SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Delay condoned — Parties referred to complaint before District Forum — Complainant vs. Opposite Party (Hospital/Doctor). India Law Library Docid # 2422855
(133) KARAN AHUJA Vs. BANK OF BARODA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-01-2025 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Jurisdiction — National Consumer Disputes Redressal Commission has jurisdiction to entertain a revision petition against an order passed by the State Consumer Disputes Redressal Commission. India Law Library Docid # 2422856
(134) SHO, GOVT. RAILWAY POLICE Vs. G. SAI KUMAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-01-2025 Consumer Protection Act, 1986 Sections 2(1)(c), 2(1)(d), 2(1)(o) Complaint Consumer Service Law enforcement agencies like the Police Department, performing sovereign functions, are not service providers under the Act and thus consumer complaints are not maintainable against them for deficiency in service. India Law Library Docid # 2422850
(135) ORIENTAL BANK OF COMMERCE THROUGH ITS BRANCH MANAGER Vs. TUHIN KANTI CHOWDHURY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-01-2025 Consumer Protection Act, 1986 — Section 24A (Limitation) — Cause of Action — Condonation of Delay — The limitation period for filing a consumer complaint begins from when the deficiency in service occurred — However, if the deficiency is concealed or its consequences only become apparent later, the cause of action can be considered to arise from the date of such discovery — In this case, the fraudulent act of the bank manager was not immediately apparent to the complainant, and the consequences India Law Library Docid # 2422851
(136) ROHIT MITTAL AND OTHERS Vs. ANNA CHILD CARE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-01-2025 Consumer Protection Act, 1986 — Section 19 — Medical Negligence — Retinopathy of Prematurity (ROP) — Standard of Care — Breach of Duty — Damage — Liability — Doctors and hospitals are liable for medical negligence if they fail to adhere to the standard of care required in treating premature babies for ROP, resulting in permanent damage to the child's vision. India Law Library Docid # 2422595
(137) JANKI SAHU Vs. POONARAM SAHU[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Consumer Disputes — Burden of Proof — Complainant failed to provide cogent evidence such as photographs, bills, or expert reports to substantiate claims of construction deficiencies and wastage of materials. India Law Library Docid # 2422596
(138) UNION OF INDIA Vs. RAJENDRA PRASAD AGRAWAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Dismissal of appeal affirming District Forum order regarding theft of passenger luggage — Petitioner/OP (Railways) liability for deficiency in service — Stolen suitcase during train journey — Complainant alleging negligence of Railways and TTE — Railways denying liability and citing passenger's responsibility to secure belongings and declare valuables as per Railway Rules — District Forum awarded compensation for financial loss India Law Library Docid # 2422597
(139) SURENDRA HINDU SINGH BHATI AND ANOTHER Vs. AJAY CHANGANI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-01-2025 Consumer Protection Act, 1986 — Deficiency in service — Misappropriation of deposits — Society and its office bearers held jointly and severally liable to compensate depositors for maturity amounts, interest, damages, and legal expenses — District and State Commissions' orders upheld. India Law Library Docid # 2422593
(140) AIR AMBULANCE AVIATION AND ANOTHER Vs. GULNAZ BANO AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited Scope — National Commission's revisional power is restricted to cases where State Commission or District Forum exercised jurisdiction not vested in them, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Concurrent findings of fact by lower forums based on evidence should not be interfered with unless there is patent illegality, material irregularity, or jurisdictional error India Law Library Docid # 2422594