(201) 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
(202) 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
(203) 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
(204) 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
(205) 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
(206) 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
(207) 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
(208) M/S. ROLEX HOSIERY PVT. LTD. Vs. NATIONAL INSURANCE COMPANY LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-08-2024 Consumer Law — Repudiation of Claim — Complaint against National Insurance Company Ltd. for not paying the insurance claim after two fire incidents at their premises in Gurgaon — Whether the fire-affected premises were covered under the insurance policy and if the claim was wrongly repudiated by the insurance company — The petitioner argued that the entire premises were insured and that the insurance company unreasonably delayed and eventually denied the claim — The respondent contended that the India Law Library Docid # 2418263
(209) M/S CHAUSANA PHARMACEUTICALS PRIVATE LIMITED Vs. BANK OF BARODA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-08-2024 Consumer Law — Banking — Non-Renewal of Insurance Policy — Complainant filed a complaint against Bank of Baroda for not renewing an insurance policy, leading to financial losses after a burglary — Whether the bank was responsible for renewing the insurance policy and lodging the insurance claim — Complainant argues that the bank failed to renew the insurance policy and lodge the claim, causing business losses and mental agony — The bank argued it was not obligated to renew the insurance policy o India Law Library Docid # 2418261
(210) TATA AIG GENERAL INSURANCE CO. LIMITED Vs. LEENA JAIN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-08-2024 Consumer — Fire Insurance Claim — The case involves a fire insurance claim by Complainant against Tata AIG General Insurance Co. Ltd — The insurance company repudiated the claim, alleging misrepresentation by the complainants — Whether the insurance company is liable to pay the assessed amount despite allegations of misrepresentation by the complainants — The complainants argued that the insurance company should pay the amount assessed by its surveyor, as the fire incident and loss were not disp India Law Library Docid # 2418262
(211) M/S. PUJA HOME APPLIANCES PATNER PUNAM CHAND GUPTA Vs. BRANCH MANAGER, STATE BANK OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-08-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — Petitioner filed two revision petitions against the State Commission's order dated 03.11.2020 — The petitions were delayed by 1204 days — Whether the delay in filing the revision petitions should be condoned — The delay was due to the respondent's objection in October 2023, leading to the filing of separate petitions — The petitioner argued that the delay was not intentional — The respondent objected to the delay, arguing that the petitio India Law Library Docid # 2418264
(212) THOMAS COOK (INDIA) LTD. Vs. VIPENDER MANN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-08-2024 Consumer Law — Foreign Tour Package — Delay in Visa processing — The complainants booked a "Magical Europe" tour package with Thomas Cook, but due to delays in visa processing, the trip was altered to a UK-only package — The complainants were dissatisfied with the new arrangements — Whether the delay in obtaining visas was attributable to Thomas Cook and whether Thomas Cook failed to honor specific demands in the new package — Thomas Cook argued that the delay was due to the complainants' late s India Law Library Docid # 2418265
(213) PARKHYATT GOA RESORT & SPA AND ANOTHER Vs. VINAY RAJKUMAR RAJPAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-08-2024 Consumer Law — Hotel Services — Bathroom Design — The complainant slipped and fell in the bathroom of appellant’s resort/hotel resulting in injuries — He claimed the bathroom design was defective and sought compensation — Whether the bathroom design was defective and if there was negligence on the part of the hotel — The hotel argued that the bathroom design was approved by authorities, no prior complaints were made, and the complainant did not raise concerns initially — The complainant argued t India Law Library Docid # 2418266
(214) MR. J. ZAHID AHMAD Vs. JMB MOTORS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-08-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — The appellant filed an appeal against the State Consumer Disputes Redressal Commission's order dismissing his complaint — He sought a refund of Rs. 22,37,184 with interest, Rs. 75 lakhs as compensation, and costs — The main issue was whether the delay in filing the appeal (53 days) could be condoned — The appellant argued that the delay was due to the misplacement of the file by his counsel and the time taken to receive documents from the India Law Library Docid # 2418270
(215) SKODA AUTO VOLKSWAGEN INDIA PVT. LTD. Vs. AMIT ANJANI PODDAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-08-2024 Consumer Law — Complainant booked a Volkswagen Vento car, which was delivered with 273 km on the odometer and previously invoiced — He claimed it was a second-hand car and sought replacement or refund — Whether the car delivered was second-hand and if there was a deficiency in service or unfair trade practices by the dealers and Volkswagen — The car was second-hand, previously invoiced, and had run 273 km — The petitioner faced delays and issues in registration and fulfillment of promises — The India Law Library Docid # 2418267
(216) DISHARI HEALTH POINT AND ANOTHER Vs. DOYOJAN BIBI AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-08-2024 Consumer Law — Medical Negligence — Wrong Test Report — The complainant was admitted to petitioner’s hospital for fever and weakness — She was diagnosed as HIV positive, but subsequent tests at another hospital confirmed she was not HIV positive — Whether there was medical negligence or deficiency in service by petitioner’s hospital in conducting the HIV screening test — The screening test was conducted as per medical norms, and the final result was HIV non-reactive — The complainant's mental ag India Law Library Docid # 2418268
(217) CHIEF MEDICAL OFFICER NEHRU SATABDI CENTRAL HOSPITAL AND OTHERS Vs. PUJA SAHU[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-08-2024 Consumer Law — Medical Negligence — Improper Treatment — The complainant suffered a snake bite and was treated at petitioner’s Hospital — Due to alleged improper treatment, she developed gangrene, leading to the amputation of her right thumb — Whether there was medical negligence and deficiency in service by the hospital and its doctors in treating the complainant — The hospital argued that the gangrene was caused by a black thread tied by the complainant's parents, not by their treatment — They India Law Library Docid # 2418269
(218) INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA) Vs. UNITED INDIA INSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-08-2024 Consumer Law — Special Contingency Insurance Policy — The International Air Transport Association (IATA) filed complaints against United India Insurance Company for rejecting claims related to defaults by IATA's agents under a Special Contingency Insurance Policy — Whether the insurance company was justified in rejecting the claims based on the surveyor's report and other grounds — IATA argued that the insurance company had an obligation to indemnify them for the losses due to agents' defaults a India Law Library Docid # 2418272
(219) SHARDABEN ASHOKBHAI LATHIYA Vs. M/S RELIANCE LIFE INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-08-2024 Consumer Law — Insurance Claim — Non-disclosure of pre-existing policies — Multiple insurance claims primarily involving the non-disclosure of pre-existing policies and the nature of the insureds' deaths — The main issues include whether the non-disclosure of pre-existing policies constitutes suppression of material facts and whether the deaths were accidental or felonious acts of murder — The petitioners argued that the insurance claims were valid and that there was no suppression of material f India Law Library Docid # 2418271
(220) APOLLO MUNICH HEALTH INSURANCE Vs. BALJIT SINGH[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 13-08-2024 Consumer Law — Health Insurance Policy — Respondent’s son had a knee injury treated during the insurance policy period — The insurer, Apollo Munich Health Insurance, denied the claim, citing the injury as pre-existing — Whether the insurer rightly repudiated the claim based on the pre-existing condition clause — The insurer argued that the knee injury was pre-existing and not disclosed in the policy enrollment form, thus not covered under the policy —Respondent claimed the insurer's denial was u India Law Library Docid # 2417708