(161) SHER SINGH Vs. KOTAK MAHINDRA BANK LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Protection Act, 1986, Section 21(b) — Revisionary Jurisdiction — Limited scope — National Commission can interfere only if State Commission exceeded its jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact based on evidence appreciation. India Law Library Docid # 2420352
(162) VEENA JAIN Vs. COUNTRY COLONISERS PRIVATE LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Protection Act, 2019 Section 69 Limitation for filing complaint Cause of action can be considered continuous until possession is delivered or possession is offered with Occupancy Certificate Inordinate delay in offering possession gives the allottee the right to seek a refund. India Law Library Docid # 2420353
(163) KRISHAN SETH Vs. M/S VISHAL INTERNATIONAL HOTEL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Protection Act, 1986 — Deficiency in Service — Negligence — Hotel liability — Drowning incident in swimming pool — Accidental death due to drowning can give rise to a claim for deficiency in service, even if not proven for criminal negligence. India Law Library Docid # 2420350
(164) RADHIKA KAMBLE Vs. DR. MAHAJAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Protection Act, 1986 — Sections 2(1)(g), 21(a)(ii) — Medical Negligence — Compensation — Appeal Against State Commission Order — Doctor's qualifications and experience — Failure to conduct tests — Delayed diagnosis — Deterioration of patient — Shifting to another hospital — Whether constitutes negligence — Aggravation of condition due to delayed action — Court's finding on negligence. India Law Library Docid # 2420351
(165) DEPUTY DIRECTOR, COFFEE BOARD Vs. K.A. ROY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2024 Consumer Protection Act, 1986 — Jurisdiction of Consumer Forum — Government relief packages — Coffee Debt Relief Package (CDRP) did not constitute a service provided for consideration, thus Consumer Forum lacked jurisdiction. India Law Library Docid # 2420349
(166) M/S. VENKATESHWARA BANANA RIPENING UNIT Vs. M/S. SBI GENERAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-10-2024 Consumer Protection Act, 1986 — Sections 21(a)(i), 17 — Deficiency in service — Insurance claim — Fire — The complaint was filed alleging deficiency in service by the insurance company for delayed and partial settlement of claims following a fire incident that damaged the complainant's banana ripening unit, stocks, and machinery. India Law Library Docid # 2420348
(167) BANK OF INDIA Vs. RAMJI LAL AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-10-2024 Restoration of Petitions Delay in filing Court condoned delay in filing applications for restoration of revision petitions that were dismissed for non-prosecution, allowing the matter to be decided on merits. India Law Library Docid # 2420346
(168) NATIONAL INSURNACE COMPANY LTD. Vs. SHARVAN KUMAR JAIN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-10-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Scope — Interference only if State Commission exceeded jurisdiction, abstained from exercising jurisdiction, committed patent illegality, or material irregularity — No such grounds found in present case. India Law Library Docid # 2420347
(169) LAKSHMAIAH Vs. MAN SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Protection Act, 1986 — Section 2(1)(g) and 2(1)(d) — Deficiency in service — Negligence of service provider — Complainant's son hired an accommodation with an air conditioner that needed repairs. Services were availed from Opposite Party No. 2 for servicing. During the repair, a blast occurred, resulting in the death of the complainant's son and a mechanic. The complainant filed a complaint alleging negligence against the service provider. India Law Library Docid # 2420342
(170) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. RANDI MAHALAXMI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Insurance Law Repudiation of Claim Pre-existing Disease Burden of Proof Insurer's duty to provide information and explain policy terms. India Law Library Docid # 2420343
(171) TATA MOTORS LTD. Vs. JOGENDER SHARMA THROUGH LRS. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Protection Act, 1986 Section 17 & 21 Revisional Power of National Commission Limited jurisdiction to interfere with concurrent findings of fact of lower forums unless patent illegality, material irregularity or jurisdictional error exists. National Commission cannot re-examine facts as an appellate court. India Law Library Docid # 2420344
(172) KULWANT SINGH Vs. NATIONAL INSURANCE COMPANY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Insurance Law Motor vehicle insurance Claim repudiation Accident date disputed Police Daily Diary entries Authenticity of documents Admissibility of evidence Consumer Protection Act, 1986. India Law Library Docid # 2420345
(173) LAKKAM ESWAR REDDY Vs. CONSUMER GUIDANCE SOCIETY REP. K.P. RAVINDRAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-10-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Jurisdiction — Affirmation of State Commission's order — Highlighting factual aspects, documents, issues of agreement, sale deed, plinth area, parking, and amenities — State Commission correctly appreciated facts and evidence, leading to well-reasoned orders that are upheld. India Law Library Docid # 2419344
(174) M/S. SBI CARDS & PAYMENT SERVICES LTD. Vs. DURGA CHAUHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-10-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Section 58(1)(b) of the Consumer Protection Act, 2019 empowers the National Consumer Disputes Redressal Commission to call for, examine and pass orders on any consumer dispute which the State Commission has decided, where the State Commission has failed to exercise its jurisdiction or has acted in the exercise of its jurisdiction illegally or with material irregularity. India Law Library Docid # 2419343
(175) M/S. GAUTAM SOLAR PVT. LTD. Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-10-2024 Insurance Law — Fire and Special Perils Policy — Non-settlement of claim — Deficiency in service — Consumer Protection — Delayed claim settlement — Punitive damages. India Law Library Docid # 2419340
(176) SEEMA JEETENDRA LONGANI Vs. M/S. CITICORP FINANCE INDIA LTD. & ANR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-10-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — State Commission Order challenged — District Forum allowed complaint partially, directed compensation and loan account closure — State Commission set aside District Forum order, dismissed complaint and complainant's appeal, allowed finance company's appeal — Revision petition filed against State Commission order. India Law Library Docid # 2419341
(177) HDFC BANK LTD. Vs. KAILASH NATH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-10-2024 Consumer Protection Act, 1986 Section 21(b) Revision Petition Scope of National Commission has limited role in revision against concurrent findings of fact. India Law Library Docid # 2419342
(178) HDFC BANK LTD. Vs. DIVYA MICHELLE RAJIVA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-10-2024 Consumer Protection Act, 1986 — Deficiency in Service — Bank's Liability — A financing bank lent money for a flat purchase, but the project was not completed. The consumer filed a complaint, and the State Commission held the bank liable for a refund, citing a "hidden agenda." The appeal court found no evidence of collusion or deficiency in the bank's actions, noting that loan disbursements were made as per the complainant's instructions. The court emphasized that a bank is not obligated to guara India Law Library Docid # 2419339
(179) KAMESHWAR MEHTA Vs. GENERAL MANAGR, IFFCO TOKIO GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-10-2024 Consumer Protection Act, 1986 — Section 27 read with Section 21(a)(ii) — Delay in filing appeal — Condonation of delay — Appellant failed to provide a satisfactory explanation for the inordinate and unexplained delay from 2018 to 2020, and again from 2022 to 2024. — Allegations against the previous counsel and the subsequent filing of a writ petition before the High Court also did not sufficiently explain the delay. — The explanation provided lacked rationality, common sense, and pragmatism. — C India Law Library Docid # 2419338
(180) R.P. VERMA AND ANOTHER Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-10-2024 Consumer Protection Act, 1986, Section 21(b) — Revision Petition — Setting aside State Commission order — Insurance claim — Repudiation on grounds of pre-existing disease and exclusion clause 4.1 — District Forum allowed claim, State Commission dismissed — Court interference warranted when State Commission ignores vital facts or misinterprets law. India Law Library Docid # 2419337