(121) M/S. CHAMBAL FERTILISERS AND CHEMICALS LTD. Vs. M/S. IFFCO-TOKIO GENERAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-10-2024 All Risk Cover Insurance Policy — Insurance claim of Rs. 91,145,370 — The claim was related to damage in carbamate condenser — The main issue was whether the insurance claim was valid under the policy period and terms, and whether the damage was discovered within the policy period or before it — The petitioner argued that the damage was discovered during the policy period and that the insurance company was liable to cover the loss — They also contended that the insurance company had committed a India Law Library Docid # 2419374
(122) M/S. TULSIDAS KHIMJI PVT. LTD. Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-10-2024 Fidelity Policy — Repudiation of Claim — The claim was for Rs. 60,62,748 — Whether the insurance company was justified in repudiating the claim based on the violation of policy conditions, specifically Condition No. 3 regarding changes in circumstances and audit requirements — The petitioner argued that the terms of the policy were ambiguous and should be interpreted in favor of the insured — They also contended that the internal audits were conducted regularly and that the insurer's reasons fo India Law Library Docid # 2419375
(123) M/S. U.P. COOPERATIVE FEDERATION LTD. Vs. M/S. NATIONAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-10-2024 Refrigeration Plant Stock Insurance Policy — Insurance claim of Rs. 53,26,869.60 due to damage to stored potatoes caused by machinery breakdown and power failure — Whether the insurance claim was valid despite alleged breaches of policy terms and conditions by the complainant – The complainant argued that the insurance policy did not contain specific terms and conditions at the time of issuance and that they took all necessary steps to minimize the loss — The insurance company contended that the India Law Library Docid # 2419376
(124) MR. SOHAN SINGH Vs. MR. GURCHARAN SINGH S/O. SH. PURAN SINGH AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-10-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — The appellant filed an appeal seeking condonation of a 499-day delay in filing against an order by the State Consumer Commission, Punjab — The delay was due to various procedural issues and alleged misuse of powers by the State Commission — The main issue was whether the delay in filing the appeal could be condoned based on the reasons provided by the appellant — The appellant argued that the State Commission arbitrarily directed him to p India Law Library Docid # 2419372
(125) CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD Vs. DINESH KUMAR SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-10-2024 Consumer Law — Mortgaged of property for a loan —The complainant had mortgaged a property for a loan from Cholamandalam Investment and Finance Company Ltd — After defaulting on the loan, arbitration awarded the company a sum of Rs.14,48,909/- — A settlement was later reached for Rs.7,54,820/- — The main issue is whether the petitioners should return the title deeds of the property after the settlement and whether the delay in filing the revision petition can be condoned — The petitioner argued t India Law Library Docid # 2419373
(126) VIVEK PODDAR AND ANOTHER Vs. SHAMBHOO DAYAL AGRAWAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-10-2024 Consumer Law — Defective Machinery — Dispute over a defective printing machine —Despite multiple payments and attempts to repair, the machine remained non-functional — Whether the respondent is a consumer under the Consumer Protection Act, and whether there was a deficiency in service by the petitioners — The respondent is not a consumer as the machine was purchased for commercial purposes — The machine was damaged due to mishandling by the respondent — The machine was defective from the start, India Law Library Docid # 2419369
(127) M/S. KIRAN COLD STORAGE PVT. LTD. Vs. MAHEENDRA PAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-10-2024 Consumer Protection Act 1986 — “Consumer” — The case involves a dispute over the storage and spoilage of 3328 bags of potatoes — The potatoes were allegedly spoiled due to improper storage conditions —Whether the complainant is a consumer, whether the potatoes were spoiled due to negligence, and whether the sale of potatoes by the cold storage was conducted legally — Petitioner states that respondent is not a consumer, the potatoes were in good condition, and the sale was conducted according to India Law Library Docid # 2419370
(128) 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
(129) 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
(130) 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
(131) 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
(132) 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
(133) 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
(134) 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
(135) 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
(136) 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
(137) 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
(138) 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
(139) 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
(140) 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