(141) FORCE MOTORS LIMITED Vs. RAVINDRAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-02-2024 Consumer Law - Defective Vehicle - The petitioner challenges the order of the State Commission, Kerala, which upheld the order of the District Forum, Palakkad, in favor of the respondent a consumer who purchased a defective auto-rickshaw from the petitioner.- The respondent alleges that the auto-rickshaw failed to deliver the promised mileage of 35 km per litre, had excessive fuel consumption and engine issues, and became unserviceable during the warranty period, despite repeated attempts to rec India Law Library Docid # 2402817
(142) BASANTA MOHAPATRA AND ANOTHER Vs. DR. ANURADHA MITTAL, MD (PAEDIATRIC) AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-02-2024 Consumer Law - Medical negligence - Treatment of a 9-year-old child - Died of dengue shock syndrome - The complainants are the parents of the deceased child, who claim that the opposite parties failed to diagnose and treat their daughter properly, and did not have adequate facilities or protocols for dengue management - The opposite parties deny the allegations and contend that they followed the standard of care and the guidelines for dengue fever, and that the child’s condition deteriorated su India Law Library Docid # 2402815
(143) SUPERB MRI AND C.T. SCAN Vs. KANAV CHOPRA (MINOR) AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-02-2024 Consumer Law - Medical negligence by a scanning centre and its doctor - Incorrect MRI Report - The complainant is a minor who lost his left eye-sight due to a malignant growth that was not detected by the scanning centre in the first MRI scan conducted on 13-01-2007, despite the presence of symptoms and images indicating the same - The scanning centre and its doctor appealed against the order of the state commission, which had awarded compensation of Rs. 20 lakhs, expenses of Rs. 10 lakhs, and India Law Library Docid # 2402816
(144) UNITED INDIA INSURANCE COMPANY AND OTHERS Vs. H.P. LATHA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-02-2024 Consumer Law – Insurance - Whether the insurance company is liable to pay the full insured amount to the complainants, who suffered total loss of their plant, machinery, and stocks, or only the amount assessed by the surveyor, who deducted some items and applied average clause - The commission modified the order of the State Commission, which had partly allowed the complaints, and reduced the amount to be paid by the insurance company, based on the actual value of the plant and machinery, the li India Law Library Docid # 2402818
(145) PRAMOD KHUSHWAH Vs. THE ORIENTAL INSURANCE COMPANY LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-02-2024 Consumer Law - Insurance - Claim for insurance of stolen vehicle - The petitioner argues that not having a permit or fitness certificate for his vehicle was not a fundamental breach of the policy terms and conditions, and that the vehicle was not being used as a taxi at the time of theft - The respondent contends that the petitioner violated the statutory provisions of the Motor Vehicles Act by using a transport vehicle without a valid permit or fitness certificate, and that this entitled the in India Law Library Docid # 2402819
(146) LAXMI MAHILA SAHAKARI BANK LTD. Vs. POPAT MARUTI CHAVAN (THROUGH LRS.) AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-02-2024 Consumer Law - Jurisdiction Issue - Revision petition filed by Petitioner-Bank against an order passed by the State Commission Maharashtra in favor of the complainant who was an executive director at the bank and claimed retirement pay - The main issue raised by the petitioner is whether the complainant can approach the consumer forum for his retiral benefits, as he does not fall under the definition of a consumer under the Consumer Protection Act, 1986 - The petitioner relies on various judgmen India Law Library Docid # 2402820
(147) SAHEDUL RAHMAN Vs. PRATAP SINGH ASWAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-02-2024 Consumer Law – Incomplete and Defective Construction Work - The contractor challenges the order of the State Commission that dismissed his appeal against the order of the District Forum that allowed the consumer’s complaint for incomplete and defective construction work of his house - The contractor argues that the State Commission should not have dismissed his appeal for want of prosecution due to his absence, but should have decided it on merits, as per the precedents of the Supreme Court and India Law Library Docid # 2402821
(148) VIJAY KAPOOR (SENIOR CITIZEN) Vs. NATIONAL INSURANCE COMPANY LTD.[GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 16-02-2024 "Medical Policy Discontinuation Upheld: No Deficiency or Mis-selling Found” - Insurance Policy – Whether discontinuation of the policy did not amount to deficiency of service and that Complainant had migrated to a new policy with continuity benefits - Complainant had an ongoing medical insurance policy called BOI National Swasthya Bima Policy, which was discontinued by the insurance company in 2018 - He claimed that this was an arbitrary repudiation of the contract and that he was mis-sold a new India Law Library Docid # 2402604
(149) ASHWINDER KAUR AND OTHER Vs. OMAXE CHANDIGARH EXTENSION DEVELOPERS PVT. LTD[CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T.] 15-02-2024 "Commercial Unit Commitment Fee Dispute: Appeal Upheld, Partial Compensation Awarded” - Housing – Commitment Charges of Commercial Unit - The appellants filed an appeal against the order of the District Commission, which dismissed their complaint against the respondent for not paying commitment charges for a commercial unit they purchased - Delay in filing the appeal condoned - The appellants explained that they misplaced the impugned order and could not file the appeal in time - The State Commi India Law Library Docid # 2402597
(150) YES BANK LIMITED Vs. SHASHI KUMAR AND OTHER[CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T.] 15-02-2024 "Section 138 Not a Shield: Bank Found Guilty of Deficiency for Lost Cheque” - Consumer Law - Deficiency in service - Case filed by Yes Bank Limited against the order of the District Consumer Disputes Redressal Commission, which held them liable for deficiency in service and unfair trade practice for losing a cheque of Rs. 25,000/- that was returned to the complainant - The appellants argued that the courier company was solely responsible for the loss of the cheque and that the complainant could India Law Library Docid # 2402598
(151) BSES YAMUNA POWER LTD Vs. MRS. KIRAN SINGH[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 "Consumer courts cannot entertain complaints against power bills assessed under the Electricity Act, 2003” - Consumer Law – Electricity bill – An appeal filed by BSES Yamuna Power Ltd against a consumer who challenged the power bill assessed by the appellant - The consumer alleged that the appellant transferred the dues of another connection, which was disconnected due to non-payment, to her connection without any basis - She claimed that she was living on the first floor, while the disconnected India Law Library Docid # 2402600
(152) MR. SATISH KUMAR YADAV AND OTHERS Vs. RAMA PALACES AND RESORTS PRIVATE LIMITED AND OTHERS[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 "No More Excuses! Builder Must Pay for Delaying Possession in Neemrana's Highway Cruise Project” - Housing - Delay in possession of commercial spaces - Complaint filed by various buyers against a builder for delay in possession of commercial spaces - The complainants booked various office/shops/studio with the opposite party in a project called "Highway Cruise” in Neemrana, Rajasthan - The opposite party failed to complete the construction and deliver the possession by 2017 as per the agreement India Law Library Docid # 2402601
(153) MR. RAJESH MALIK AND OTHER Vs. RUDRA BUILD WELL CONSTRUCTION PVT. LTD[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 "No Escape for Builder: Commission Rejects All Defenses, Orders Refunds & Compensation” - Housing - The complainants filed a case against the opposite party for failing to deliver the possession of a flat booked in 2007 within the stipulated time and sought refund and compensation - The opposite party contested the case on the grounds of limitation, arbitration clause, and absence of cause of action - The commission rejected the opposite party’s objections and held them liable for deficiency of India Law Library Docid # 2402602
(154) ANKIT KHURANA Vs. SIKKA INFRASTRUCTURE PVT. LTD.[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 "Illegal Booking Cancellation Costs Builder Dear: Full Refund, Compensation Awarded" - Housing - Deficiency in service - The complainant had booked a flat with the opposite party in 2012, but the construction was delayed and the booking was terminated by the opposite party in 2014 - The complainant sought refund of the amount paid along with interest and compensation for mental agony and harassment - The commission held that the complainant was a consumer under the Consumer Protection Act, 1986 India Law Library Docid # 2402603
(155) PRADEEP DAYMA Vs. UNITY EARTHTECH AND OTHERS[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 Complainant purchased a Hyundai Hydraulic Excavator Machine for Rs. 51,00,000/- from O.P - The machine was financed by HDB Financial Services Limited - A landslide caused extensive damage to the machine, which got buried under earth and debris – Complainant promptly informed the dealer about the accident - The insurance company’s surveyor assessed the damage and accepted liability - Despite the incident, both the dealer and the insurance company failed to provide any remedy to complainant for ov India Law Library Docid # 2402605
(156) ARIF YUSUF BOOKWALA AND OTHERS Vs. HONGKONG AND SHANGAI BANKING CORPORATION LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-02-2024 Banking Law – Credit Card - Deficiency in service and unfair trade practice - Lack of documentary evidence - (HSBC) and Master Card Inc. - The order sets aside the previous order of the State Consumer Disputes Redressal Commission, Maharashtra, Mumbai which dismissed the complaint for lack of documentary evidence and remands the matter back to the State Commission for decision afresh - The order finds that the respondents failed to identify and rectify the technical glitches that caused the dec India Law Library Docid # 2402576
(157) P. DAVID WILDSON Vs. JANANI HOMES PRIVATE LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-02-2024 Housing - The complainant filed a complaint against Respondent for failing to deliver the possession of a villa as per agreement and demanded various compensations - The opposite party denied any deficiency in service and claimed that the construction was completed within the stipulated time - The opposite party also raised some preliminary objections regarding the jurisdiction and validity of the complaint - The Commission dismissed the complaint and held that the complainant was not entitled India Law Library Docid # 2402574
(158) DR. MAHTAB SINGH AND ANOTHER Vs. RAMPRASTHA PROMOTERS DEVELOPERS (PVT) LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-02-2024 Housing – Delay in delivery of Flat - The complainants filed a case against the opposite parties for failing to deliver the possession of a flat booked by them the stipulated time and sought refund of the amount paid by them with interest and compensation - The opposite parties contested the case on the grounds that the delay was due to reasons beyond their control (force majeure), the complainants were not consumers, the dispute was subject to arbitration, and the National Commission did not ha India Law Library Docid # 2402575
(159) DR. JOY'S HOSPITAL FOR WOMEN AND CHILDREN AND ANOTHER Vs. SABYMOL C.M. ALIAS SABYMOL NAZEER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-02-2024 The present Revision Petition has been filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 2019 (the “Act”) against impugned order dated 20.12.2018, passed by the State Consumer Disputes Redressal Commission, Kerala (‘for short ‘State Commission’) in First Appeal No. 313 of 2014. In this appeal, the Petitioners/OPs appeal was partly allowed and was disposed of with modification by reducing compensation on account of mental agony amount to Rs.3,00,000/- instead of Rs.5,00, India Law Library Docid # 2402573
(160) DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA Vs. SHRIRAJ AMAR MAHAGAONKAR AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-02-2024 Consumer Protection Act, 1986 - Section 21(b) - The nominee claimed the insurance amount after the policyholder’s death, but the company repudiated the claim on the ground of non-disclosure of material facts, such as diabetes and cardiac disease, by the policyholder at the time of obtaining the policies - The nominee filed a complaint before the District Forum, which partly allowed the complaint and directed the company to pay the insurance amount with interest and compensation - The company app India Law Library Docid # 2402569