(121) NATIONAL INSURANCE COMPANY LTD. Vs. DHARAM SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2024 Driving license - The complainant purchased a Maruti Swift car and insured it with the National Insurance Company - The car sustained substantial damage in a road accident, and the complainant initiated a claim with the insurance company - The insurance company repudiated the claim, stating that the driver's driving license was not submitted - The complainant argued that they had informed the insurance company about the driver's license in writing - Whether the complainant had informed the insur India Law Library Docid # 2403673
(122) NEW INDIA ASSURANCE CO. LTD. Vs. DAVINDER PAL SINGH KHOSA[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-03-2024 Insurance - Personal Accident Insurance policy - Respondent purchased a Personal Accident Insurance policy from the New India Assurance Co. Ltd. During the policy period, he sustained injuries and filed a claim for reimbursement, which was partially settled by the insurance company - The main issue is whether the insurance company’s settlement amount was adequate and in accordance with the policy terms, and whether there was any deficiency in service - The insurance company contended that the c India Law Library Docid # 2403624
(123) LIFE INSURANCE CORPORATION OF INDIA Vs. MS. DIPTY JAIN AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-03-2024 Insurance Claim – ‘D’ the deceased, had a life insurance policy with LIC - He passed away due to a heart attack, and his nominees filed a claim which was rejected by LIC on grounds of non-disclosure of health information - The main issue is whether LIC’s rejection of the claim due to alleged non-disclosure of material facts by ‘D’ is justified - LIC argues that ‘D’ failed to disclose his prior Mini Gastric Bypass Surgery and thus, breached the contract of utmost good faith - The respondents cont India Law Library Docid # 2403625
(124) P. MURUGAN AND OTHERS Vs. SAHRUDAYA HOSPITAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Medical Negligence - Caesarean operation - Appellant’s wife was admitted to the hospital for her second delivery and underwent a caesarean operation - After the operation, she developed breathing problems and was not feeling well - The appellant requested the hospital to shift his wife to another hospital, but the hospital refused - The hospital eventually took her to a higher center, but she passed away on the way - The appellant filed a complaint seeking compensation for medical negligence - W India Law Library Docid # 2403675
(125) ORIENTAL INSURANCE COMPANY LTD. Vs. JAGTAR SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Overseas Mediclaim Insurance policy - Pre-existing disease - The Punjab State Consumer Disputes Redressal Commission allowed a complaint against an Appellant who issued an overseas mediclaim insurance policy for US$ 50,000 to a complainant who suffered a precocious myocardial infarction while traveling overseas - The Appellant argued that the insured had expired due to a pre-existing hypertension disease, which had not been disclosed at the time of obtaining the policy - The respondent argued th India Law Library Docid # 2403676
(126) RAVI DEVELOPMENTS Vs. VIJAY KUMAR BAJAJ AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Housing – Delay in delivery of possession - The complainants booked a flat in a project called “Gaurav Saffron.” - The builder company failed to deliver possession of the flat within the stipulated period - The complainants sought a refund of the entire deposited amount - Whether the complainants fall within the definition of ‘consumer’ under the Consumer Protection Act - Whether there was a deficiency in service by the builder company -Whether the complainants are entitled to a refund -The comp India Law Library Docid # 2403680
(127) STATE BANK OF INDIA Vs. CAPT. JOSE HORMESE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Banking - Failure to link Multi Option Deposits (MOD) to the savings account - The complainant, a co-pilot in Indian Airlines Corporation, had an insurance policy with Bajaj Allianz General Insurance Company - The policy was due for renewal, and the appellant issued a cheque for the premium, but it was returned due to insufficient funds - The insurer informed the appellant that the insurance had become void - Whether the bank’s failure to link Multi Option Deposits (MOD) to the savings account c India Law Library Docid # 2403681
(128) M/S. VOLVO INDIA PRIVATE LTD. Vs. M/S. KRISHNA CONSTRUCTION AND TRANSPORTATION[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Commercial Purpose - Defective excavator machine - The complainant purchased an excavator machine from the manufacturing company through the dealer - The machine was delivered with a warranty of 2500 hours of operation or 12 months - After operating 67 hours, the machine stopped working, and the complainant informed the dealer - The preliminary issue raised by the opposite parties was whether the complainant falls within the definition of ‘consumer’ under the Act - The dispute revolves around th India Law Library Docid # 2403682
(129) NATIONAL INSURANCE CO. LTD. Vs. MRS. ABHA BANSAL[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2024 Mediclaim – Mediclaim policy with National Insurance Co. Ltd. - A dispute arose when a cheque for renewal was not cleared due to banking issues, and she was not informed of the policy lapse - The main issue was whether there was a deficiency in service by the insurance company for not informing about the cheque dishonour and policy lapse - National Insurance argued that there was no contract of insurance at the loss date, the wrong account number was mentioned on the cheque by Respondent and ren India Law Library Docid # 2403356
(130) SRI SHIBNATH BANERJEE Vs. SRI ASHOKE ROY AND OTHERS[WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2024 Housing - Non-delivery of possession of flats - The complainant filed a case against developers regarding the non-delivery of possession of flat - The main issues are whether the complainant is a ‘consumer’, if there was any deficiency in service, and if the complainant is entitled to the reliefs sought - The complainant argued that the developers failed to deliver possession of the flats and complete the construction as agreed, causing mental agony and financial loss - The developers contended India Law Library Docid # 2403357
(131) JATIN BANSAL Vs. M/S AMAZON RESELLER SERVICES PVT. LTD.[CHANDIGARH U.T. CONSUMER DISPUTES REDRESSAL COMMISSION] 12-03-2024 Consumer Protection (E-Commerce) Rules, 2020 - The complainant ordered a pair of “Marc Jacobs” branded socks from Amazon, but received a different brand named “MARC” - He was unable to return or replace the item and sought legal remedy for deceptive practices - The main issues were whether the opposite parties depicted/offered “Marc Jacobs” brand but delivered a different product, whether the product falls within the refund policy, and whether the Commission has pecuniary jurisdiction to decide India Law Library Docid # 2403352
(132) PIARA SINGH RANA Vs. RAM KUMAR AGGARWAL[CHANDIGARH U.T. CONSUMER DISPUTES REDRESSAL COMMISSION] 12-03-2024 Consumer Protection Act, 2019 - Section 69 - Limitation Period - Petitioner/Complainant purchased a plot which later turned out to be unfit for the intended use - He made full payment in 1993 and, after legal proceedings, a sale deed was executed in 1998 - The complaint was dismissed by the District Commission as being barred by limitation, leading to this appeal - Petitioner argued that the respondent failed to inform about the shifting of its office, which led to difficulties in tracing them India Law Library Docid # 2403353
(133) LALIT BINDAL Vs. S.K. VERMA AND OTHERS[CHANDIGARH U.T. STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2024 Condonation of delay - Delay in filling petition - The revision petition challenges an order allowing a consumer complaint, with the petitioner having previously attempted an appeal that was not entertained due to insufficient deposit - The core issue is the condonation of a 479-day delay in filing the revision petition, which the petitioner attributes to procedural irregularities, health issues, and incorrect legal advice - The petitioner contends that the grounds for condonation of delay in a India Law Library Docid # 2403354
(134) AMIT CHADHA AND OTHER Vs. INTERGLOBE AVIATION LIMITED[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2024 Appellants filed a complaint against Respondents for stolen items and damages, seeking compensation for mental agony and litigation costs - The appeal challenges the dismissal of the complaint by the District Consumer Disputes Redressal Commission due to non-appearance of the appellants’ previous counsel - The appellants argued that their previous counsel failed to appear without reason, leading to the dismissal of their case, and they were unaware of the dismissal until they engaged a new couns India Law Library Docid # 2403355
(135) KARAMVEER KAUR Vs. GIAN CHAND RANGWALA MEMORIAL HOSPITAL AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-03-2024 Medical Negligence –The complainant alleges that the OPs failed to properly diagnose her unborn child's condition, Hydranencephaly, during a level 2 ultrasound scan conducted in July 2015 0 Her child was born with the condition in December 2015 - The complaint alleges that the OPs who conducted the ultrasound scan were not qualified to do so, and that they failed to report the abnormalities in the scan - The complainant seeks compensation for the medical expenses incurred due to her child's cond India Law Library Docid # 2403037
(136) SUNIL KUMAR MADAN (SINCE DECEASED) Vs. ICICI LOMBARD GENERAL INSURANCE COMPANY AND OTHERS[CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION] 05-03-2024 Consumer Protection Act, 2019 - Section 41- Condonation of Delay – Delay of 243 days - The appellants, legal representatives of the deceased challenged the order that allowed a consumer complaint (No. CC/1110/2019) - An application for condonation of delay in filing the appeal, which was contested by the respondents - The appellants sought to condone a 243-day delay in filing the appeal, citing reasons such as the ill health of the complainant’s wife and the unavailability of their counsel - Sec India Law Library Docid # 2403033
(137) KANWALPREET KAUR Vs. ICICI PRUDENTIAL LIFE INSURANCE CO. LTD AND OTHERS[CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION] 05-03-2024 Insurance Claim – Suicide - ‘A’, insured under ICICI Pru Group Loan Secure Policy, died due to a gunshot injury - The insurance company refused the claim, suggesting suicide, but paid 80% of the premium - The District Commission directed the insurance company to pay the outstanding loan amount with interest - The Commission found the death accidental, not suicidal, and directed the insurance company to pay the full insured amount plus additional accidental death benefit, with the first charge to India Law Library Docid # 2403034
(138) SALLIMUDDIN M. SHAIKH Vs. M/S.K.K. CONSTRUCTION AND OTHERS[MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 04-03-2024 Housing – Delay in Possession - In November 2011 Complainant purchased a flat in a proposed complex being constructed by Opponent - He made a partial payment of Rs. 18,00,000 towards the total agreed-upon purchase price of Rs. 26,75,000 - The complaint alleges that the possession of the flat was not handed over within the stipulated time frame – Complainant claims that the builder failed to obtain necessary permissions and certificates, causing delays in construction - He also alleges that the b India Law Library Docid # 2403036
(139) ABHINITH KISHORE Vs. BHARATI AXA GENERAL INSURANCE CO. LTD. AND OTHERS[TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 04-03-2024 Health Insurance Policy – The appellant/complainant had taken a Health Insurance Policy for his family (himself, wife and son) - The son was diagnosed with Infantile Esotropia at the age of 4 months - The complainant made a claim for the surgery expenses of Rs.73,500/- which was repudiated by the opposite parties on the ground that the claim is rejected as it is congenital external and also correction surgery is cosmetic - The District Commission dismissed the complaint stating that the policy w India Law Library Docid # 2403038
(140) ARIHANT CLOTHINGS (P) LIMITED Vs. THE SENIOR DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD.[KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 02-03-2024 Marine Cargo Open Policy - The complainant had taken a Marine Cargo Open Policy from respondent, to cover their textile goods during transport for export purposes - The consignment of textile goods was damaged due to flood water at the Chennai Port on 14.12.2015 - The complainant filed a claim with the insurance company for the damages incurred - The insurance company repudiated the claim on the ground that the complainant did not have an insurable interest in the goods at the time of the damag India Law Library Docid # 2403035