(141) UNION BANK OF INDIA Vs. SUSHIL KUMAR SHUKLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Consumer Law — Banking Services — Locker — Burglary — Multiple appeals were filed against the Union Bank of India regarding a burglary where customers lost valuables from their lockers — The State Commission had awarded compensation to the complainants — The main issues were the bank's liability for the burglary, the adequacy of security measures, and the appropriate compensation for the complainants — The bank argued there was no security lapse, no involvement of bank employees, and that the re India Law Library Docid # 2419437
(142) ORIENTAL INSURANCE CO. LTD. Vs. CALTAN INSTRUMENTS LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Marine Cargo Inland Transit Cover policy — The policy covered transit risks for goods transported from New Delhi to anywhere in India and Nepal — The main issue is whether the insured was required to declare all consignments under the policy and whether the policy limit was exhausted at the time of the loss — Insurance argued that the insured did not declare all consignments, which exhausted the policy limit — They claimed the policy was void due to non-declaration and that the loss was not cove India Law Library Docid # 2419438
(143) BRIJENDER SINGH Vs. ORIENTAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Consumer Law — Machinery — Theft — The petitioner had a Combine Harvester insured with Oriental Insurance Co. Ltd — The harvester was stolen after an accident on 24.03.2011 — The insurance claim was repudiated on 13.06.2013 — The main issue is whether the complaint was filed within the limitation period as per Section 24A of the Consumer Protection Act, 1986 — The petitioner argued that the complaint was within the limitation period and that the delay was due to pursuing legal remedies in good f India Law Library Docid # 2419439
(144) RANBIR SINGH AND OTHERS Vs. DR. NARESH MITTAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Consumer Law — Medical Negligence — Respiratory issues — Condition worsened, and later diagnosed with dengue and malaria at another hospital and died — The main issue is whether there was medical negligence and deficiency in service by respondent and the hospital — The petitioners argue that the hospital failed to conduct necessary tests and provide timely treatment, leading to death — They claim negligence and seek compensation — Dr. Mittal and the insurance company argue that the treatment was India Law Library Docid # 2419440
(145) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. N. HALAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Insurance Policy — Policy Transfer — The respondent purchased an insurance policy and later faced issues with loan repayments and policy transfer — Discrepancies in loan repayment records led to a dispute — Whether the complainant had paid Rs. 2,00,000 in cash to the petitioner on 03.02.2007 and if the policy should be returned — The petitioner argued that the complainant did not provide PAN details, receipts were canceled, and no documentary evidence of loan repayment was furnished — The respon India Law Library Docid # 2419441
(146) KAVITA CHOWDHARY Vs. CANARA BANK[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-09-2024 Consumer Law — Banking — Delay in presenting of Cheques by Bank — The complainants deposited two cheques totaling Rs. 1,06,10,768/- into their Canara Bank accounts — The cheques were not cleared due to delays and were returned as stale — Whether Canara Bank was negligent in presenting the cheques for clearing within the validity period, causing financial loss to the complainants — The complainants argued that the bank's failure to present the cheques on time resulted in a loss of Rs. 1,06,10,768 India Law Library Docid # 2419426
(147) VARUN AHUJA AND OTHERS Vs. M3M INDIA PRIVATE LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024 Consumer Law — Housing — Commercial Purpose — The complainants purchased multiple commercial units from M3M India Pvt. Ltd. and other parties, which they leased out for rental income — The opposite parties argue that the complainants are not consumers under the Consumer Protection Act, 2019, as the purchases were for commercial purposes — Whether the complainants qualify as consumers under the Consumer Protection Act, 2019, given that the units were purchased for commercial purposes and leased o India Law Library Docid # 2419425
(148) 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
(149) 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
(150) 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
(151) 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
(152) 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
(153) 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
(154) 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
(155) 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
(156) 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
(157) 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
(158) 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
(159) 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
(160) 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