(141) K. MURUGESAN Vs. REGIONAL MANAGER AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Prime Minister Employment Generation Programme — Appellant filed a complaint seeking compensation for revenue loss due to lack of initial marketing support and misutilization of subsidy by Vijaya Bank under the Prime Minister Employment Generation Programme —Whether the complainant is a 'consumer' under the Consumer Protection Act and whether there was any deficiency in service by the bank and KVIC — The complainant argued that the bank and KVIC failed to provide necessary support India Law Library Docid # 2418211
(142) ROBIN K. RODRIGUES Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer — Vehcile Theft — The petitioner insured his vehicle with respondent Company — The vehicle was stolen in Mumbai and later recovered in Jodhpur, Rajasthan — The petitioner claimed indemnification from the insurance company — Whether the insurance company is liable to indemnify the petitioner for the stolen vehicle, considering it was recovered and claimed by another individual — The petitioner argued that the insurance company should indemnify him as the vehicle was stolen and he had not India Law Library Docid # 2418212
(143) SHIV PRAKASH SINGH Vs. P.C.F. PRATAPGARH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Hybrid Paddy — The petitioner, a farmer, supplied paddy to the respondent's purchase center — The center rejected 63 quintals of hybrid paddy, leading to a complaint — Whether the rejection of hybrid paddy by the purchase center constituted a deficiency in service — The petitioner argued that the purchase center's refusal to accept hybrid paddy was arbitrary and contrary to policy, amounting to unfair trade practices — The respondents contended that hybrid paddy, yielding only 60% India Law Library Docid # 2418213
(144) REGISTRAR, RAI UBIVERSITY Vs. PATEL RAMESHBHAI DHULABHAI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-09-2024 Consumer Law — Educational Institution — Refund of Fee — A father enrolled his son in a B.Sc. Agriculture program at Rai University, paying fees only to later find out the program was not sanctioned by the State Government — He sought a refund and compensation, arguing deficiency in service and unfair trade practices — While the District Forum and State Commission ruled in his favor, the National Commission overturned these decisions, citing that educational institutions do not provide services India Law Library Docid # 2418204
(145) RAM CHANDER Vs. ADAMA INDIA PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-09-2024 Consumer Law — Agricultral Crops — Inferior Pesticide — Petitioner leased 6 acres of land to grow paddy crops — After using pesticides his crops were damaged — He sought compensation for the loss — Whether the pesticides were used correctly and if they caused the crop damage — Whether the respondents were liable for the damage — Petitioner argues that the pesticides caused 80-90% damage to the crops — The report by agricultural officers was not properly considered — The respondents did not take India Law Library Docid # 2418205
(146) SHRIRAM TRANSPORT FINANCE CO. LTD. AND ANOTHER Vs. RAJEEV KUMAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-09-2024 Complainant’s truck, financed by petitioner’s company was seized due to non-payment of installments — Despite clearing dues, the vehicle was not returned —Whether the Opposite Parties (OPs) are responsible for releasing the vehicle from ARTO Hathras and if the complainant is a consumer — Petitioner argues that the complainant violated the finance agreement — The vehicle was returned after dues were cleared — The complainant is not a consumer as the vehicle was used for commercial purposes — Com India Law Library Docid # 2418206
(147) JITENDRA SHARMA Vs. MAGMA HDI GENERAL INSURANCE CO.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-09-2024 Consumer — Theft of Vehicle — Repudation of Claim — Insurance claim was repudiated due to the driver leaving the key in the unattended vehicle —Whether leaving the key in the vehicle constituted a fundamental breach of the insurance policy, justifying the repudiation of the claim —The driver took necessary precautions due to dense fog, and the theft was not due to negligence — The State Commission ignored crucial facts and judicial precedents — The claim was repudiated based on the policy terms, India Law Library Docid # 2418218
(148) TATA MOTORS LTD. Vs. HARPREET SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-09-2024 Consumer Law — Motor Vehcile — Manufacturing Defects — Despite multiple repairs, issues remained, leading to a complaint and a refund order by the District Forum — Whether the vehicle had manufacturing defects and if petitioner was liable for the defects and damages —Tata Motors argued that the defects were due to usage, not manufacturing, and repairs were done under warranty — They also claimed the State Commission's decision lacked expert evidence — Respondent argued the vehicle had inherent d India Law Library Docid # 2418217
(149) J.D. HERBALS AND OTHERS Vs. ORIENTAL BANK OF COMMERCE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-09-2024 Consumer Law — Banking Services — Loan restructuring and Settlements — The appellants faced financial difficulties due to external factors and sought loan restructuring and settlements from Oriental Bank of Commerce — Disputes arose over the settlement amounts and compliance with RBI guidelines —Whether the respondents failed to settle the loan accounts as per RBI guidelines and whether the appellants were entitled to refunds for excess payments made under pressure —The appellants argued that th India Law Library Docid # 2418214
(150) JEEVAN LATA Vs. IIFCO TOKIO INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-09-2024 Consumer Law —Theft of Vehicle — Repudiation of Claim — Whether the interest on the claim amount should be given from the date of theft or the date of repudiation —Petitioner argue that the interest should be calculated from the date of theft — The insurance company failed to settle the claim even after one year — Respondent contendts that the claim was settled as per the State Commission's order by depositing Rs. 6,28,775/- —The State Commission ordered the insurance company to pay the IDV of R India Law Library Docid # 2418215
(151) TATA MOTORS FINANCE LTD. Vs. DHARMENDER KUMAR YADAV AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-09-2024 Consumer Law — Vehicle Loan — Default in payment of Loan — Vehicle repossessed and sold by the lender — He contested the legality of these actions, arguing insufficient notice and service deficiency — While petitioner claimed legal repossession under an arbitration award, the District Forum and State Commission ruled in respondent’s favor, ordering compensation — The court's decision hinged on the lender's failure to provide proper notice, underscoring the necessity of adhering to agreement term India Law Library Docid # 2418216
(152) M/S. NPP ENERGY LIMITED Vs. NATIONAL INSURANCE COMPANY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Law — Fire incident — Insurance Claim — Complainant filed a complaint against OP-Insurance company for denying their claim after a fire incident at their factory —Whether the fire was accidental or intentional, and if the insurance claim was valid — Complainant argues that the fire was accidental, and the insurance company failed to prove otherwise — The claim was wrongly denied — Insrance company states that the fire's cause was suspicious, and the claim was exaggerated and fraudulent India Law Library Docid # 2418220
(153) PASHMINA WATERFRONT BUYERS ASSOCIATION Vs. LILY REALTY PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Law — Housing — Delay in delivery of Possession — The complainants argued that the delay caused financial and personal loss, and that the opposite party failed to deliver the apartments and amenities as promised — Builder claimed that the delay was due to force majeure events and financial constraints, and that the complainants were not consumers but investors —The Commission found builder deficient in service and ordered them to complete the project and compensate the complainants as p India Law Library Docid # 2418221
(154) LATE JAGIR SINGH (DECEASED) Vs. GREAT MOHALI AREA DEVELOPMENT AUTHORITY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Law — Housing — Delay in delivery of Possession — The complainant applied for an apartment, paid 30% of the total cost, but the project was delayed — He sought a refund with interest — Whether the complainant is entitled to a refund with interest due to the delay in possession and if the deductions made by the respondents were justified — Petitioner argues that the project was not completed on time, and the complainant was entitled to a refund with interest as per the Letter of Intent ( India Law Library Docid # 2418222
(155) NEW INDIA ASSURANCE CO. LTD. Vs. M/S. KESHODWALA FOODS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Multiple insurance policies for goods, stock, plant, and machinery — Due to flooding, stock and machinery were damaged — While Tata AIG paid the claim, New India Assurance did not —Whether the repudiation of the claim by New India Assurance was correct and if the State Commission's reliance on the Tata AIG surveyor's report was justified — The insurance company argued that the surveyor's report from Tata AIG was unreliable as the surveyor did not physically verify the damaged goods — They also c India Law Library Docid # 2418223
(156) BALASAHEB MANIKRAO WAGH KHULLOD Vs. ROYAL SUNDARAM GENERAL INSURNACE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Law — Motor Accident — Repudiation of Claim — The appellant filed a complaint against Respondent-Insurance Co. after his truck was damaged in an accident — Misrepresentation of facts regarding the driver — Whether the insurance company was justified in repudiating the claim based on alleged misrepresentation of facts about the driver — The appellant argued that the vehicle suffered 100% damage and the insurance company failed to properly assess the loss — He also contended that the insu India Law Library Docid # 2418224
(157) AIR INDIA LIMITED Vs. MRS. LATA SUBHASH POL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Law — Housing — Delay in allotment — Appellant proposed flats for its employees — The complainant applied for a flat but faced delays and issues with allotment and possession — Whether there was a deficiency in service by appellant in not executing the agreement and whether the complaint was barred by the law of limitation — Appellant argued that the dispute was outside the Consumer Protection Act's purview, the complaint was time-barred, and the complainant failed to make timely paymen India Law Library Docid # 2418225
(158) DANDU HAINDAVI ARUNA JYOTHI Vs. JET AIRWAYS INDIA LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Law — Airline — Connected Flight — The petitioner missed connecting flights due to delays and faced issues with baggage and accommodation — Whether the airlines were liable for compensation due to the delays, missed connections, and lost baggage —The petitioner argued that the airlines failed to provide necessary accommodations and compensation for the delays and lost baggage, causing her significant inconvenience and loss —The airlines contended that the delays were due to bad weather, India Law Library Docid # 2418226
(159) MAKE MY TRIP (INDIA) PVT. LTD. Vs. DR. S. NAGARAJAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-09-2024 Consume Law — Holiday Tour — The complainant booked a Europe tour with Make My Trip, paid Rs. 90,000, but had to cancel due to visa issues — Make My Trip refused to refund the amount, leading to a legal dispute —Whether Make My Trip's refusal to refund the advance payment constitutes deficiency in service and unfair trade practice —Make My Trip argued that the complainant failed to inform them about visa denial 45 days prior to departure, as required by their terms — They claimed the booking amo India Law Library Docid # 2418219
(160) SHRIRAM GENERAL INSURANCE CO. LTD. Vs. ABHISHEK KUMAR TIWARI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2024 Consumer Law — Motor Accident — The complainant's truck, insured by appellant-Insurance company, was completely burnt in an accident — The insurance claim was closed due to lack of documents —Whether the insurance company was justified in closing the claim for lack of documents and if the State Commission's order was appropriate — The insurance company argued that the claim was closed due to non-cooperation and lack of necessary documents from the complainant —The complainant argued that all nec India Law Library Docid # 2418240