(161) M/S ATMA STEEL LIMITED Vs. HARVEER SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-09-2024 Consumer Law — Jurisdiction — The complainant deposited Rs. 25,000 with petitioner in 1971, expecting to withdraw it with interest — The company paid Rs. 10,000 as interest in 1981 but failed to pay the remaining amount —Whether the complaint is barred by limitation and whether the District Forum in Kanpur had territorial jurisdiction —Petitioner argues that the complaint is time-barred, the District Forum lacked jurisdiction, and the records were destroyed in the 1984 riots —The complaint is ba India Law Library Docid # 2418197
(162) JAIPUR DEVELOPMENT AUTHORITY Vs. RAJESH VERMA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-09-2024 Consumer Law — Housing — Delay in Possession — Complainant filed a complaint for possession of a plot allotted in 1970 under the Laxmi Narainpuri Scheme — Despite multiple attempts, possession was never handed over — Whether the Jaipur Development Authority (JDA) or Jaipur Nagar Nigam (JNN) is liable to hand over the plot and pay compensation — The complainant argued that despite fulfilling all requirements, possession was not given, and the responsibility lies with JDA and JNN — JDA claimed the India Law Library Docid # 2418203
(163) SHRIKRISHNA PANDITRAO DANVE Vs. EXECUTIVE ENGINEER, MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Electricity — Excessive Billing — In a dispute over incorrect billing and a defective meter by Maharashtra State Electricity Distribution, the court set aside the appellate order and remanded the case to the State Commission for a fresh decision on the correct average billing calculation — The complainant sought exclusion of excessive billing for specific months due to a defective meter, while the electricity department supported the District Commission's average billing methodol India Law Library Docid # 2418202
(164) NPX TOWER OWNERS ASSOCIATION Vs. M/S. HI-LEAD INFOTECH PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Housing — Deficiencies in the construction and delayed possession — The main issues include delayed possession, construction deficiencies, arbitrary charges, and whether the allottees qualify as consumers under the Consumer Protection Act — The petitioners argued for the completion of construction, rectification of deficiencies, compensation for delays, and refund of excess charges — The respondents claimed that delays were due to force majeure and that the construction was comple India Law Library Docid # 2418207
(165) UNION OF INDIA Vs. M/S ICICI LOMBARD GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Railway — Damaged consignment — The Union of India, through the Rail Wheel Factory, filed a complaint against ICICI Lombard General Insurance for a claim related to a damaged consignment — The main issues were the timeliness of the insurance declaration and whether the insurance policy covered the damaged consignment — The petitioner argued that the insurance premium was paid in advance and the declaration was made within the required time frame — The respondent contended that the India Law Library Docid # 2418208
(166) DR. R.K. AGARWAL AND OTHERS Vs. SUMIT SRIVASTAVA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Medical Negilgence — Complaint against Sudha Hospital & Medical Research Centre and its doctors for alleged medical negligence leading to the appellant’s mother's death — Whether the hospital and doctors were negligent in their treatment of the patient, leading to her death — Appellant atgues that the hospital misdiagnosed the patient's condition, administered incorrect treatments, and performed unnecessary dialysis, leading to her deteriorating health and eventual death — The ho India Law Library Docid # 2418209
(167) AMARJEET B. MISHRA Vs. DR. PANJABRAO ALIAS BHAUSAHEB DESHMUKH MEMORIAL MEDICAL COLLEGE AMRAVATI AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Law — Medical Negilgence — Death under mysterious circumstances — Whether the complainant is a consumer under the Consumer Protection Act, 1986, and if there was medical negligence by the hospital — The complainant argued that the services rendered by his son as an intern should be considered as consideration, making him a consumer — He also alleged medical negligence and deficiencies in the hospital's facilities —The respondents denied any negligence, stating that the deceased died of India Law Library Docid # 2418210
(168) 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
(169) 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
(170) 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
(171) 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
(172) 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
(173) 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
(174) 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
(175) 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
(176) 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
(177) 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
(178) 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
(179) 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
(180) 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