(161) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. MADALAMBIKA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2024 Consumer Law — Life Insurance Policy — The complainant sought claims for three life insurance policies after her husband's death — Two claims were settled, but the third was repudiated by LIC — The main issues were the delay in filing the claim and the failure to provide the original policy documents — LIC argued that the claim was time-barred and that the original policy documents were not provided —The complainant argued that she was entitled to the settlement of the third policy and provided India Law Library Docid # 2418241
(162) UNITED INDIA INSURANCE CO. LTD. Vs. M/S. HINDUSTAN FREIGHT CARRIERS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2024 Consumer Law — Theft — Insurance — Liability — 945 tins of mustard oil, which were insured by United India Insurance — During transit, 556 tins were stolen — Whether the theft occurred and if the insurance company and transporter are liable for the loss — The theft was improbable, and the complainant failed to establish the occurrence — The transporter argued they were not liable as the services were for commercial purposes — The complainant argued the theft was genuine, and both the transporter India Law Library Docid # 2418242
(163) DR. NTR UNIVERSITY OF HEALTH SCIENCES Vs. NAGALLI UDAYA SREE AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2024 Consumer Law — Educational Institution — Whether educational institutions fall under the Consumer Protection Act — The complainant was provisionally admitted to a nursing college but later rejected due to not meeting eligibility criteria — She sought damages for mental distress and educational loss — Whether educational institutions fall under the Consumer Protection Act and if the complainant is a "consumer" under the Act — The university argued that education is not a commodity and educational India Law Library Docid # 2418243
(164) RAKESH JAIN Vs. AUDI INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2024 Consumer Law — Pre-owned Vehicle — Appellant purchased a pre-owned Audi A8L W12, which faced persistent issues requiring multiple repairs — The vehicle was often at the service center, leading to dissatisfaction — Whether the complainant is entitled to an extended warranty or a new vehicle due to alleged deficiencies in service — The vehicle was in the service center for extended periods, consuming the warranty period — The complainant sought an extended warranty and a new vehicle due to unresol India Law Library Docid # 2418245
(165) SNAPSOUL MEDIA PRIVATE LTD AND OTHERS Vs. KUSHAGRA TRIVEDI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-09-2024 SnapSoul Media Pvt. Ltd. filed a revision petition against an order by the State Commission, Haryana, which required them to deposit 50% of the awarded amount to stay the District Forum's order — Whether the State Commission has the power to order the deposit of 100% of the decretal amount as a condition for granting a stay — The State Commission's order was erroneous as it did not provide reasons for requiring the deposit of 100% of the amount, which should only be mandated by the National Comm India Law Library Docid # 2418244
(166) STAR HEALTH & ALLIED INSURANCE COMPANY LTD. Vs. RANJAN MOHAPARTA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-09-2024 Consumer Law — Health insurance policy — Denial of Cashless treatment — The respondent, covered under a health insurance policy, was denied cashless treatment and reimbursement for hospitalization due to alleged pre-existing conditions (COPD and RA) — Whether the denial of cashless treatment and reimbursement by the insurance company was justified — The insurance company argued that the respondent failed to provide necessary documents and that the policy terms justified the denial — The responde India Law Library Docid # 2418248
(167) SBI LIFE INSURANCE CO. LTD. Vs. KUSUM LATA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-09-2024 Consumer Law — Group Insurance Scheme — Death in road accident — Wife filed a claim under a Group Insurance Scheme, which was repudiated by SBI Life Insurance — Whether deceased was covered under the Group Insurance Scheme and if the insurance premium was paid — SBI Life Insurance argued that deceased was not covered under the insurance scheme as no premium was paid — Wife claimed that insurance charges were deducted from her husband's account, and he was covered under the scheme — The State Com India Law Library Docid # 2418246
(168) M/S. HONDA SIEL CARS INDIA LTD. AND ANOTHER Vs. MANU K. BHANDARI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-09-2024 Consumer Law — Motor Vehicle — Manufacturing Defects — The complainant purchased a Honda City car with a defect causing a foul smell from the air-conditioning unit — Despite multiple repair attempts, the issue persisted — Whether the foul smell constituted a manufacturing defect and if the manufacturer and dealer were liable for deficiency in service — The manufacturer argued there was no evidence of a manufacturing defect and that the expert opinion was not from qualified automobile engineers — India Law Library Docid # 2418247
(169) ATUL MADAN Vs. M/S MAX INDIA LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-09-2024 Consumer Law — Medical Treatment — The complainant underwent hip replacement surgery using DePuy ASR implants, which were later recalled due to high failure rates — He experienced severe pain and financial loss due to the defective implants — Allegations of medical negligence and deficiency in service against the hospital and doctors for using defective implants and failing to inform the complainant about the recall — The complainant argued that the defective implants caused physical, mental, an India Law Library Docid # 2418249
(170) MRS. LALITA RAJPUROHIT Vs. M/S JOHNSON & JOHNSON LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-09-2024 Consumer Law — Medical Treatment — The complainant underwent hip replacement surgeries using DePuy ASR implants, which later caused severe pain and complications — She claims the implants were defective and not approved by the US-FDA — The main issues include whether the implants were defective, if there was negligence by the doctors and hospital, and the adequacy of the compensation and remedial measures provided — The petitioner argues that the implants were defective, causing severe pain and India Law Library Docid # 2418250
(171) MAPIN PUBLISHING PRIVATE LIMITED Vs. NEW INDIA ASSURANCE CO. LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-09-2024 Limitation Act, 1963 — Article 5 — Condonation of Delay — Appellant filed an appeal against New India Assurance Co. Ltd — The appeal was delayed by 394 days — The main issue was whether the delay in filing the appeal could be condoned — The petitioner cited difficulties in coordination and the voluminous nature of documents as reasons for the delay — They referenced several Supreme Court judgments to support their case — The respondent argued that the delay was not justified and lacked a reasona India Law Library Docid # 2418251
(172) KAMALJEET SINGH SHEKHAWAT Vs. KOMATSU INDIA PVT. LTD. L AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-09-2024 Consumer Law — Defected Machinery — The appellant purchased an excavator for Rs. 59,11,000, which frequently broke down — The appellant claimed the machine had manufacturing defects and sought redressal for deficiency in service — Whether the appellant was a 'consumer' under the Act, 1986, and whether there was a deficiency in service by the respondents — The appellant argued that the excavator was purchased for self-employment and not for commercial purposes — He claimed the State Commission er India Law Library Docid # 2418252
(173) MARUTI SUZUKI INDIA LIMITED Vs. JAYENDER AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024 Consumer Law — Defective Car — Manufacturing Defects — Complainant purchased a Maruti Ritz car with poor mileage and high engine oil consumption, indicating a manufacturing defect — Despite multiple attempts, the issue wasn't resolved — Whether the car had a manufacturing defect and if complainant is entitled to a replacement or refund — Petitioner argues that the the car was defect-free, the mileage was as per certification, and the high engine oil consumption was normal — Complainant claimed t India Law Library Docid # 2418253
(174) LT COL P C CHANDEL (RETD) Vs. CENTRAL BANK OF INDIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024 Consumer Law — Banking Services — Debit of amount without notice — The petitioner, a retired Lt. Col., had his pension reduced and a significant amount debited from his account without notice — He filed a complaint for deficiency of service against the bank and the pension authority — Whether the reduction in pension and the debit of Rs. 8 lakhs without notice constituted a deficiency of service — The petitioner argued that the bank's actions were illegal, lacked proper notice, and caused financ India Law Library Docid # 2418254
(175) ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. RUPALI INAMDAR 201[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024 Consumer Law — Mediclaim — Complainant suffered a fracture while on a trip to Switzerland and incurred medical expenses of Rs 33,16,171.70 — Her insurance claim was rejected by ICICI Lombard General Insurance Co Ltd. on the grounds that the activity was hazardous — Whether the activity leading to the injury was hazardous and if the insurance policy terms were properly disclosed to the respondent — The insurance company argued that the activity was hazardous and excluded under the policy — They a India Law Library Docid # 2418255
(176) TATA AIG GENERAL INSURANCE CO. LTD. Vs. AJIT SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024 Consumer Law — Motor Vehicle — Theft — Repudiation of claim due to alleged non-cooperation and delay in reporting the theft — Whether the delay in reporting the theft and the alleged non-cooperation justified the repudiation of the insurance claim — The insurance company argued that the delay and non-cooperation violated policy conditions, leading to the claim's repudiation — Complainant contended that the theft was genuine, reported promptly, and all necessary cooperation was provided — The app India Law Library Docid # 2418256
(177) NEW INDIA ASSURANC CO. LTD. Vs. PUNJAB UNIVERSITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024 Punjab University had a long-standing insurance policy with New India Assurance Co. Ltd. covering various assets — A fire in 2017 led to a claim which was denied by the insurer — The main issue was whether the insurer's denial of the claim was justified, given the policy's terms and the assets covered — The university argued that the insurer's actions amounted to a deficiency in service and unfair trade practice, seeking compensation for the damaged assets — The insurer contended that the policy India Law Library Docid # 2418259
(178) IDBI BANK LIMITED Vs. SHEETAL BHARGAVA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-08-2024 Banking Law — Loan disbursement — The case involves a complaint against IDBI Bank and Amay Home Services Ltd. regarding a flat booking and loan disbursement — The main issue is the alleged deficiency in service by the bank for disbursing the loan amount to the builder contrary to the construction-linked payment plan — The petitioner argued that the bank released the entire loan amount to the builder, who then absconded without completing the project, leaving the complainant in a lurch — The bank India Law Library Docid # 2418258
(179) CHOLAMANDALAM INVESTMENT & FINANCE LTD. Vs. UTTAM RAO PAWADE AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-08-2024 Consumer Law — Dispute over a loan for a vehicle purchase — The complainant alleged that despite repaying the loan, the petitioner did not issue a No Objection Certificate (NOC) — The main issue is the dismissal of the appeal due to the non-joinder of a necessary party — The petitioner argued that since no relief was claimed against respondent, their non-impleadment should not have been fatal to the appeal — The respondents did not appear to contest the revision petition — The appeal was dismiss India Law Library Docid # 2418257
(180) NANAK CHAND RAJORA Vs. STATE BANK OF INDIA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-08-2024 Consumer Law — Banking Service — Fraudulently withdrawn via ATM — The petitioner claimed that Rs. 25,000 was fraudulently withdrawn from his account via an ATM — He argued that the ATM could not dispense more than Rs. 20,000 in a single transaction — Whether the ATM could dispense Rs. 25,000 in one transaction and if the withdrawal was fraudulent — The petitioner argued that the ATM could not dispense more than Rs. 20,000, as confirmed by an RTI reply, and that the transaction was not properly i India Law Library Docid # 2418260