(121) M/S. RAJYOG PLASTICS PVT. LTD. Vs. MAHARASHTRA STATE ELECTRICITY BOARD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Consumer Law — Electricity — Disconnection of Supply — Appellant faced financial difficulties, leading to the disconnection of their electricity supply — They requested a reduction in load and restoration of power, but faced delays and additional charges from the Maharashtra State Electricity Board (MSEB) — Whether MSEB's actions constituted a deficiency in service and if the complainant was entitled to compensation for losses due to non-restoration of electricity supply — The petitioner argued India Law Library Docid # 2419427
(122) M/S. ESSAR ENTERPRISES Vs. A.R. VARADRAJAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Consumer Law — Housing — Poor Construction — The complainants purchased flats 601 and 602 in 2003, which began leaking soon after possession — Despite multiple complaints, the issue was not resolved, leading to a claim for damages — Whether the complaint was filed within the limitation period and if there was a deficiency in service by the OP (Opposite Party) due to poor construction quality — The OP argued that the complaint was time-barred, the leakage was due to unauthorized structural change India Law Library Docid # 2419428
(123) M/S. CARE WELL HOSPITAL Vs. ANIL ARORA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Consumer Law — Mediclaim Policy — Cashless treatment Respondent had a Mediclaim policy and was admitted to Hospital — He was assured of cashless treatment but had to pay Rs. 2,71,579 — He was reimbursed Rs. 1,71,579, leaving Rs. 1,00,000 unpaid — Whether the complainant is entitled to the remaining Rs. 1,00,000 and who is liable to pay it — Hospital argued that the denial of cashless treatment was due to the insurance company's miscommunication and that they should not be held liable — The insur India Law Library Docid # 2419429
(124) SUBHASH CHANDRA SHARMA AND ANOTHER Vs. LIFE INSURANCE CORPORATION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Consumer Law — Mediclaim — Non disclosure of pre existing disease — The petitioners purchased two insurance policies for their son, disclosing his health condition. They later filed a claim for medical expenses, which was rejected by the insurer for alleged non-disclosure of a congenital disorder — Whether the petitioners concealed material facts about their son's health condition when obtaining the insurance policies — The petitioners argued that they fully disclosed their son's health conditio India Law Library Docid # 2419430
(125) PRADEEP KUMAR YADAV Vs. ICICI, LOMBARD GERNERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Consumer Law — Motor Vehicle Theft — Delay in reporting FIR — Petitioner insured vehicle was stolen on 14/15.08.2012 — He reported the theft to the police on 15.08.2012 and to the insurer on 01.09.2012 — The insurance claim was repudiated due to delays in reporting — Whether the delay in reporting the theft to the police and insurer justified the repudiation of the insurance claim — The petitioner argued that the delay was minor and should not affect the claim. He sought to uphold the District F India Law Library Docid # 2419431
(126) RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANOTHER Vs. NORAT SINGH RATHORE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Consumer Law — Bus Fare — Over Charge of Rs. 2/- — The complainant was overcharged Rs. 2 by the Rajasthan State Road Transport Corporation (RSRTC) for a bus fare due to a ticket machine rounding issue — Whether the overcharge constitutes an unfair trade practice under the Consumer Protection Act, 1986 — RSRTC argued that the fare rounding was based on a circular to handle practical issues like lack of exact change and was not an unfair trade practice — The complainant argued that the overcharge India Law Library Docid # 2419432
(127) LIFE INSURANCE CORPORATION OF INDIA Vs. SMT SUNITA DEVI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Life Insurance Policy — Death — electrocution — The case involves a life insurance policy taken by ‘S’, who died from electrocution — His wife filed a claim which was repudiated by the insurer due to non-disclosure of pre-existing health conditions — Whether the non-disclosure of health conditions invalidates the claim despite the death being unrelated to those conditions — The insurer argued that the claim was rightfully repudiated due to the non-disclosure of material facts regarding the insur India Law Library Docid # 2419433
(128) YOGENDRA PRASAD SINGH (DEAD) AND OTHERS Vs. ESTATE OFFICER, CHHATTISGARH HOUSING BOARD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Consumer Law — Housing — Incomplete Construction — The petitioner filed complaints regarding the failure to complete the construction of a house under the Atal Vihar Yojana scheme — The complaints were dismissed by the District Forum and the State Commission — The main issue was whether there was a deficiency in service by the Chhattisgarh Housing Board in completing the construction and handing over possession of the house — The petitioner argued that the construction was not completed within t India Law Library Docid # 2419434
(129) PREM SINGH Vs. MAX NEW YORK LIFE INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Life Insurance Policy — Misleading — The appellant was misled into purchasing a life insurance policy instead of a fixed deposit by Max New York Life Insurance Co. Ltd — He paid Rs. 18,00,000 but later found out the policy required additional premiums, which he did not pay, leading to the policy's lapse — Whether there was a deficiency in service or unfair trade practice by the insurance company and if the appellant was entitled to relief under the Consumer Protection Act — The appellant argued India Law Library Docid # 2419435
(130) MOHD. HYDER KHAN Vs. MERCEDES - BENZ INDIA PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-09-2024 Consumer Law — Motor Vehicle — Manufacturing Defect — After purchasing a Mercedes Benz E280CDI with subsequent issues and an accident where airbags failed to deploy, the appellant sought compensation for alleged manufacturing defects — The appeal was dismissed, upholding the State Commission's order, as the appellant failed to provide expert evidence of defects and evidence indicated the seat belt was not worn during the accident, thus not meeting the burden of proof for manufacturing defects an India Law Library Docid # 2418198
(131) REGIONAL CLAIMS MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD. Vs. SAS MACHINE TOOLS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-09-2024 Consumer Protection Act, 1986 — Section 19 — Repudation of Claim — The complainant's car was damaged when the front right wheel fell into a ditch — The insurance company repudiated the claim, stating there was no external impact to the engine —Whether the rejection of the survey report by the State Commission was correct — Petitioner argues that the insurance company argued that the damage was due to the complainant driving the car after the accident, which was not covered by the policy — Respon India Law Library Docid # 2418199
(132) M/S. E.R. MOTORS Vs. ORIENTAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-09-2024 Consumer Law — Fire Insurance — An appellant's service center, insured by a respondent insurance company, was extensively damaged by fire — The insurance company's settlement offer was deemed inadequate by the appellant, leading to a dispute over the compensation amount and deductions — The State Commission modified its initial order, increasing the compensation and interest payable by the insurance company, while rejecting the claim for mental agony — The court found the insurance company's ded India Law Library Docid # 2418200
(133) HEAD OF THE DEPARTMENT, INSTITUTE OF HUMAN BEHAVIOUR AND ALLIED SCIENCES Vs. SMT. MUNNI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-09-2024 Consumer Law — Medical Negligence — The complainant's daughter suffered complications after receiving injections at the hospital, leading to the amputation of her left hand fingers —Whether there was medical negligence and deficiency in service by the hospital and its doctors — The hospital argued that the injections were not administered in the left hand and that the patient had prior treatment at other hospitals, which could have caused the complications — The complainant argued that the injec India Law Library Docid # 2418201
(134) M/S ATMA STEEL LIMITED Vs. HARVEER SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-09-2024 Consumer Law — Jurisdiction — The complainant deposited Rs. 25,000 with petitioner in 1971, expecting to withdraw it with interest — The company paid Rs. 10,000 as interest in 1981 but failed to pay the remaining amount —Whether the complaint is barred by limitation and whether the District Forum in Kanpur had territorial jurisdiction —Petitioner argues that the complaint is time-barred, the District Forum lacked jurisdiction, and the records were destroyed in the 1984 riots —The complaint is ba India Law Library Docid # 2418197
(135) JAIPUR DEVELOPMENT AUTHORITY Vs. RAJESH VERMA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-09-2024 Consumer Law — Housing — Delay in Possession — Complainant filed a complaint for possession of a plot allotted in 1970 under the Laxmi Narainpuri Scheme — Despite multiple attempts, possession was never handed over — Whether the Jaipur Development Authority (JDA) or Jaipur Nagar Nigam (JNN) is liable to hand over the plot and pay compensation — The complainant argued that despite fulfilling all requirements, possession was not given, and the responsibility lies with JDA and JNN — JDA claimed the India Law Library Docid # 2418203
(136) SHRIKRISHNA PANDITRAO DANVE Vs. EXECUTIVE ENGINEER, MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Electricity — Excessive Billing — In a dispute over incorrect billing and a defective meter by Maharashtra State Electricity Distribution, the court set aside the appellate order and remanded the case to the State Commission for a fresh decision on the correct average billing calculation — The complainant sought exclusion of excessive billing for specific months due to a defective meter, while the electricity department supported the District Commission's average billing methodol India Law Library Docid # 2418202
(137) NPX TOWER OWNERS ASSOCIATION Vs. M/S. HI-LEAD INFOTECH PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Housing — Deficiencies in the construction and delayed possession — The main issues include delayed possession, construction deficiencies, arbitrary charges, and whether the allottees qualify as consumers under the Consumer Protection Act — The petitioners argued for the completion of construction, rectification of deficiencies, compensation for delays, and refund of excess charges — The respondents claimed that delays were due to force majeure and that the construction was comple India Law Library Docid # 2418207
(138) UNION OF INDIA Vs. M/S ICICI LOMBARD GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Railway — Damaged consignment — The Union of India, through the Rail Wheel Factory, filed a complaint against ICICI Lombard General Insurance for a claim related to a damaged consignment — The main issues were the timeliness of the insurance declaration and whether the insurance policy covered the damaged consignment — The petitioner argued that the insurance premium was paid in advance and the declaration was made within the required time frame — The respondent contended that the India Law Library Docid # 2418208
(139) DR. R.K. AGARWAL AND OTHERS Vs. SUMIT SRIVASTAVA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Medical Negilgence — Complaint against Sudha Hospital & Medical Research Centre and its doctors for alleged medical negligence leading to the appellant’s mother's death — Whether the hospital and doctors were negligent in their treatment of the patient, leading to her death — Appellant atgues that the hospital misdiagnosed the patient's condition, administered incorrect treatments, and performed unnecessary dialysis, leading to her deteriorating health and eventual death — The ho India Law Library Docid # 2418209
(140) AMARJEET B. MISHRA Vs. DR. PANJABRAO ALIAS BHAUSAHEB DESHMUKH MEMORIAL MEDICAL COLLEGE AMRAVATI AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Medical Negilgence — Death under mysterious circumstances — Whether the complainant is a consumer under the Consumer Protection Act, 1986, and if there was medical negligence by the hospital — The complainant argued that the services rendered by his son as an intern should be considered as consideration, making him a consumer — He also alleged medical negligence and deficiencies in the hospital's facilities —The respondents denied any negligence, stating that the deceased died of India Law Library Docid # 2418210