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(181) SURENDRA HINDU SINGH BHATI AND ANOTHER Vs. AJAY CHANGANI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-01-2025
Consumer Protection Act, 1986 — Deficiency in service — Misappropriation of deposits — Society and its office bearers held jointly and severally liable to compensate depositors for maturity amounts, interest, damages, and legal expenses — District and State Commissions' orders upheld.
India Law Library Docid # 2422593

(182) AIR AMBULANCE AVIATION AND ANOTHER Vs. GULNAZ BANO AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-01-2025
Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited Scope — National Commission's revisional power is restricted to cases where State Commission or District Forum exercised jurisdiction not vested in them, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Concurrent findings of fact by lower forums based on evidence should not be interfered with unless there is patent illegality, material irregularity, or jurisdictional error
India Law Library Docid # 2422594

(183) AMAN HOSPITAL Vs. AMARJIT KAUR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of revisional jurisdiction — Limited — Can only interfere if State Commission exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact by lower fora which are on appreciation of evidence.
India Law Library Docid # 2422588

(184) ORIENTAL INSURANCE CO. LTD. Vs. M/S. AGARWAL STORES AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Insurance Claim — Fire Damage
India Law Library Docid # 2422589

(185) AMIT SHARMA Vs. UNION OF INDIA, NORTH WESTERN RAILWAY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Delay in filing — Condonation — Delay of one day in filing the revision petition was condoned due to facts and circumstances.
India Law Library Docid # 2422590

(186) MS VKG ASSOCIATES Vs. SMT. B.M. MALA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025
Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope of interference by the High Court — High Court can interfere if there is an error of law or jurisdiction, not merely on factual findings.
India Law Library Docid # 2422591

(187) DR. ABHAY YADAV AND OTHERS Vs. M/S. TRANCON-SHETH CREATORS PVT. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025
Consumer Protection Act, 1986 — Section 21 — Consumer Complaint — Deficiency in service — Unfair trade practice — Builder-buyer agreement — Refund of deposited amount — Jurisdiction — Preliminary issues — Written statement — Rejoinder — Maharashtra Ownership Flats Act, 1963 — Section 4 — Agreement for Sale — Loan arrangement — Cancellation notice — Earnest money — Administrative expenses — Delay interest — Litigation costs.
India Law Library Docid # 2422592

(188) M/S. DHEERAJ ASSOCIATES HAVING PLACE OF OFFICE AT, NEHRU MARG, PUNE- MAHARASHTRA Vs. DR. DEEPAK SITARAM DESAI SITARAM DESAI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024
Consumer Protection Act, 1986 — Section 2(1)(d)(i) — Consumer — Definition — Property purchased for commercial use or resale — Not for earning livelihood by self-employment — Such buyer is not consumer under the Act — Here, complainant resold the flat and purchased it for establishing a clinic, hence not a consumer.
India Law Library Docid # 2420420

(189) M/S. NITESH COLOUR LAB Vs. M/S. JINDAL PHOTO FILM LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024
Consumer Protection Act, 1986 Definitions Consumer Commercial Purpose Self-employment exclusion Machine purchased for business with employees and large operational capacity signifies a commercial purpose, not self-employment for livelihood, thus disqualifying the purchaser as a consumer.
India Law Library Docid # 2420421

(190) UNION OF INDIA AND OTHERS Vs. DAYA SHANKER TIWAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024
Consumer Protection Act, 1986, Section 21(b) — Revisionary Jurisdiction — Appeal dismissed by State Commission — Revision Petition filed against the order of State Commission — Interference in revisional jurisdiction — Such interference is warranted only when there is an illegality, material irregularity or jurisdictional error in the order of the State Commission.
India Law Library Docid # 2420422

(191) HARYANA URBAN DEVELOPMENT AUTHORITY NOW, HARYANA SHEHRI VIKAS PRADHIKARAN AND OTHERS Vs. RADHA THAKUR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024
Consumer Protection Act, 1986 — Jurisdiction — Arbitration Clause — OPs waived right to object consumer forum jurisdiction by contesting complaint on merits, not raising arbitration objection earlier. Emaar MGF Land Ltd. v. Aftab Singh (2018 SCC Online SC 2378) cited.
India Law Library Docid # 2420423

(192) NORTHERN RAILWAY RAILWAY STATION Vs. BALBIR SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024
Consumer Protection Act, 1986, Section 21(b) — Revision petition against order of State Consumer Disputes Redressal Commission — Dismissing appeal and upholding District Forum's order — Theft of luggage from reserved coach — Liability of Railways — Consumer Protection Act provides remedies in addition to other statutes — Supreme Court in Station Superintendent & Anr. Vs. Surender Bhola held that Railways cannot be held responsible if passenger is unable to protect own belongings.
India Law Library Docid # 2420424

(193) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. SATWINDER KAUR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024
Consumer Protection Act, 1986 Section 58(1)(b) Revision Petition Scope of Court upheld concurrent findings of lower fora if no illegality or material irregularity.
India Law Library Docid # 2420425

(194) RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD. (RIICO) Vs. DWARKA PRASAD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024
Consumer Protection Act, 1986 — Section 21(b) — Revisionary Powers of National Commission — Limited Scope — National Commission's power of revision is limited to cases where the State Commission has acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — Interference is not warranted with concurrent findings of fact by the District Forum and State Commission unless these parameters are met.
India Law Library Docid # 2420383

(195) TAPAS KANTI SENGUPTA Vs. TATA MOTORS LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024
Consumer Protection Act, 1986 — Section 21(b) — Revisionary jurisdiction — Consumer Protection Act, 2019 — Section 58(1)(b) — Scope of revision — National Commission's revisional jurisdiction is limited and should only be exercised when a State Commission has acted illegally or with material irregularity, or exceeded or failed to exercise its jurisdiction — Interference with concurrent findings of fact by lower forums is not permissible unless those findings are perverse — Supreme Court decision
India Law Library Docid # 2420414

(196) BANK OF BARODA AND ANOTHER Vs. SIKANDER ALI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Jurisdiction — Limited scope — The National Commission's revisional jurisdiction is very limited and can only be exercised when the State Commission exceeds its jurisdiction, fails to exercise its vested jurisdiction, or acts illegally or with material irregularity — The commission cannot re-examine facts or evidence already considered by the lower forums.
India Law Library Docid # 2420415

(197) KRISHNA KUMAR KUSHWAHA Vs. MANAGING DIRECTOR, UNITED INDIA INSURANCE COMPANY LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024
Consumer Protection Act, 1986 — Revisionary Jurisdiction — Scope — Limited jurisdiction of National Commission under Section 21(b) — Interference only when State Commission exceeded or failed to exercise jurisdiction, or acted illegally or with material irregularity — No interference with concurrent findings of fact based on appreciation of evidence.
India Law Library Docid # 2420416

(198) ONE SCHOOL GOA Vs. VIBHA SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024
Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Delay in filing appeal — Condonation of delay due to Covid-19 pandemic — Supreme Court order extending limitation period — Factual position on receipt of order and subsequent administrative delays — Grounds for condonation accepted — Appeal restored to file.
India Law Library Docid # 2420417

(199) BHARTI AXA GENERAL INSURANCE COMPANY LTD. Vs. MOOL CHAND LALWANI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Delay condonation — Delay of 107 days in filing Revision Petition — Condoned as delay occurred during suspended period of limitation due to Covid-19 pandemic.
India Law Library Docid # 2420418

(200) MUKESH KUMAR KAUSHAL Vs. ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024
CONSUMER PROTECTION LAW — Revision Petition — Scope of Jurisdiction — National Commission's revisional jurisdiction is limited to cases involving jurisdictional errors, material irregularities, or perversity in lower fora's orders — Cannot interfere with concurrent findings of fact based on appreciation of evidence unless such findings are illegal, irregular, or perverse.
India Law Library Docid # 2420419