(201) BANK OF INDIA Vs. SHIV SHANKER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-03-2025 Government Schemes – Agricultural Debt Waiver and Relief Scheme, 2008 – Eligibility – Small Farmer Category – Determination of Land Holding – Relevant Date – Burden of Proof – Under the Agricultural Debt Waiver and Relief Scheme, 2008, eligibility for benefits, particularly under the ‘Small Farmer’ category (owning/cultivating 1-2 hectares), is determined based on the land holding as disclosed to the lender bank on the date the loan was sanctioned — While revenue records presented at the time of India Law Library Docid # 2424492
(202) ICICI LOMBARD GENERAL INSURANCE CO. LTD. (IN PLACE OF BHARTI AXA GENERAL INSURANCE COMPANY LTD.) Vs. M/S. FIVE STAR VANIJYA PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-03-2025 Insurance Law – Motor Insurance – Repudiation of Claim – Breach of Policy Conditions – Use for ‘Hire or Reward’ – Overloading – Burden of Proof – Repudiation of an own damage claim under a Private Car Package Policy on the grounds that the vehicle was used for ‘hire or reward’ and was carrying passengers beyond its seating capacity requires the insurer to discharge the burden of proving such breaches with cogent evidence — Relying solely on newspaper reports (hearsay evidence) or an investigatio India Law Library Docid # 2424493
(203) CHANDRASHEELA GAJBHIYE AND OTHERS Vs. JILA SAHKARI KENDRIYA MARYADIT BANK[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2025 Insurance Law – Personal Accident Insurance – Group Policy – Exclusion Clause – Driving Without Valid Licence – Repudiation of Claim – Deficiency in Service – Repudiation of a claim under a Group Personal Accident Insurance Policy by the insurer is justified and does not constitute deficiency in service, where the insured person died in a road accident while riding a motorcycle without possessing a valid and effective driving licence at the time of the accident — Such an act constitutes a breach India Law Library Docid # 2424494
(204) RATANMANI KESHARWANI Vs. DR. RAJSHEKHAR KRISHNA, ORTHOPAEDIC SURGEON[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2025 Consumer Protection Act, 1986 – Medical Negligence – Hysterectomy (Laparoscopic) – Post-Operative Complications – Acute Pancreatitis – ARDS – Multi-Organ Failure – Causation – Burden of Proof – Expert Opinion – A complaint alleging medical negligence against a surgeon and hospital following the death of a patient who underwent laparoscopic hysterectomy was examined — The patient was discharged post-surgery but readmitted days later with abdominal distension, diagnosed as acute pancreatitis, refe India Law Library Docid # 2424495
(205) VIKAS KUMAR Vs. ZONAL MANAGER, BANK OF INDIA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2025 Consumer Protection Act, 1986 – Section 2(1)(g) – Banking Service – Deficiency – Unauthorized Withdrawal – Forged Signature – Duplicate Passbook – CCTV Footage – A bank (Bank of India) committed deficiency in service by: (a) issuing a duplicate passbook for the complainant’s Savings Bank account without his request; (b) subsequently honouring a withdrawal slip bearing a forged signature, leading to the unauthorized withdrawal of a large sum (Rs. 5,32,000/-) from the complainant’s account using t India Law Library Docid # 2424496
(206) M/S. VISHWAKARMA ENGINEERING WORKS REPRESENTED BY ITS MANAGING DIRECTOR, MR, RAJESH SHARMA Vs. MR. H. RAVIGOWDA THE PROPRIETOR OF NRG INDUSTRIES[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2025 Consumer Protection Act, 2019 — Section 2(11), 2(7) — Deficiency in Service — Supply of Machinery — Substandard Quality — Failure to Install/Demonstrate — Expert Report — Concurrent findings by the District Forum and State Commission establishing deficiency in service on the part of a machinery supplier (Petitioner/OP) were based on evidence indicating failure to supply ‘Dall Mill Machinery’ of promised quality and capacity, delivery of substandard materials, failure to install and demonstrate t India Law Library Docid # 2424497
(207) MRS. TARLA H. MALANI Vs. M/S THE UNITED INDIA INSURANCE COMPANY LIMITED REPRESENTED BY ITS BRANCH MANAGER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2025 Insurance Law — Personal Accident Policy — “Accident” — Meaning — Fall in Bathroom — Pre-existing Illness — Burden of Proof — Causal Link — A claim under a Personal Accident Policy requires the injury or death to result “solely and directly from accident caused by external violent and visible means” — A fall in a bathroom, resulting in head injury and subsequent death due to intra-cerebral bleed, may not qualify as an “accident” under the policy if the fall itself was likely caused by the insure India Law Library Docid # 2424498
(208) M/S. PREMIER CAR SALES LIMITED Vs. UNITED INDIA INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2025 Insurance Law — Standard Fire and Special Perils Policy — Exclusions — Loss due to Action by Lawfully Constituted Authority — Lucknow Development Authority (LDA) — Demolition Drive — Deficiency in Service — A claim under a 'Standard Fire and Special Perils Policy' for damage caused to the insured's property (boundary wall, roof, and parked scooters/motorcycles) was repudiated by the insurer — The damage occurred accidentally when the Lucknow Development Authority (LDA), a lawfully constituted au India Law Library Docid # 2424499
(209) HYBRID COTTON SEEDS, FORTUNE HYBRID SEEDS LTD. Vs. BHUKYA BHADRU AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2025 Consumer Protection Act, 1986 — Section 2(1)(g), 13(1)(c) — Defective Goods — Seeds — Burden of Proof — Requirement of Laboratory Test — Expert Opinion — Genetic Purity — To establish that seeds supplied are defective or lack genetic purity, leading to poor germination or yield, the Consumer Protection Act, 1986, under Section 13(1)(c), envisages obtaining a report from an appropriate laboratory after testing a sample of the goods — Where such a laboratory test is not conducted (due to reasons l India Law Library Docid # 2424500
(210) LIBERTY OIL MILLS LIMITED Vs. THE ORIENTAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2025 Insurance Law — Standard Fire and Special Perils Policy — Repudiation of Claim — Breach of Policy Conditions — Non-disclosure, Misrepresentation, Fraudulent Claims (General Conditions 1, 6(i)(b), 8) — Burden of Proof — Surveyor's Report — In a claim arising from a fire incident at an insured plant, the insurer repudiated the claim citing breaches of General Conditions 1 (Misrepresentation/Non-disclosure), 6(i)(b) (Failure to provide documents/proof), and 8 (Fraudulent claim/means) based on the f India Law Library Docid # 2424502
(211) MARUTI SUZUKI INDIA LTD. (FORMERLY KNOWN AS MARUTI UDYOG LTD.) Vs. SHRI DANISH SONDHI AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2025 Consumer Protection Act, 2019 — Section 2(11), 2(7) — Manufacturing Defect — Vehicle Airbags — Failure to Deploy in Accident — Deficiency in Service — Res Ipsa Loquitur — Expert Evidence — In a case involving a frontal collision with a stray animal resulting in significant damage to the front portion of a car and injuries to the driver, the failure of the front airbags to deploy constitutes a manufacturing defect and deficiency in service on the part of the manufacturer (Petitioner/OP-1) — Relyi India Law Library Docid # 2424503
(212) M/S. INDO RAMA SYNTHETICS INDIA LTD. Vs. NEW INDIA ASSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-03-2025 Insurance Law — Marine-cum-Erection All Risk Policy — Additional Customs Duty (ACD) Endorsement — Escalation Endorsement — Interpretation — Scope of Coverage — An Additional Customs Duty (ACD) endorsement in a Marine-cum-Erection (MCE) policy, providing indemnification for ACD incurred over and above the duty factored into the original sum insured, operates independently of any Escalation Endorsement (providing for increased cost up to a certain percentage —The ACD endorsement covers the actual India Law Library Docid # 2424504
(213) SUB POST MASTER Vs. RAKESH KUMAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-03-2025 Consumer Protection Act, 1986 — Section 2(1)(g), 2(1)(d) — Deficiency in Service — Postal Department — Loss of Speed Post Article — Indian Post Office Act, 1898 — Section 6 — Immunity — Insurance — The loss of a Speed Post article (a laptop being returned by the complainant to the seller) by the postal department constitutes deficiency in service — The immunity provided under Section 6 of the Indian Post Office Act, 1898 for loss, misdelivery, or delay of postal articles is not applicable to def India Law Library Docid # 2424505
(214) BITTAN KASHYAP Vs. NEW INDIA ASSURANCE CO. LTD AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-03-2025 Insurance Law — Standard Fire Policy — Description of Risk — Mistake in Policy — Stocks vs. Godown Building — Liability of Insurer and Bank (as Agent) — IRDA Regulations — Proposal Form — Where a fire policy, obtained by a bank as agent for the borrower (complainant) to insure a godown constructed with a bank loan and hypothecated to the bank, erroneously describes the risk covered as “stocks” instead of the “godown building”, both the insurer and the bank (acting as agent) are jointly India Law Library Docid # 2424506
(215) SMT. URMILA CHAND AND OTHERS Vs. DR. ATUL CHABBRA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-03-2025 Criminal Procedure Code, 1973 (corresponding to Section 340, Bharatiya Nagarik Suraksha Sanhita, 2023) — Section 340 — Perjury — Initiation of Proceedings — Scope in Consumer Complaints — Medical Negligence — An application under Section 340 Cr.P.C. seeking initiation of perjury proceedings against opposite parties (doctor and hospital) in a pending consumer complaint alleging medical negligence, based on allegations regarding the doctor's educational qualifications, alleged manipulation of reco India Law Library Docid # 2424507
(216) GLOBE ECOLOSGISTICS PVT. LTD. Vs. M/S. GE INDIA INDUSTRIAL PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-03-2025 Consumer Protection Act, 1986 — Jurisdiction of State Commission — Coram Requirement — Sections 14(2), 16, 18 — Whether an order passed by a single Member (Judicial) of the State Consumer Disputes Redressal Commission disposing of a consumer complaint is valid and within jurisdiction, in light of the composition and procedure requirements under Sections 14(2), 14(2A), 16 and 18 of the Consumer Protection Act, 1986, which arguably mandate a Bench of at least two members (President and one India Law Library Docid # 2424508
(217) APOLLO HOSPITAL Vs. NAGORAO AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-02-2025 Consumer Protection Act, 1986 — Medical Negligence — Standard of Care — Post-Surgical Complications — Ryle's Tube Misplacement — Determination of medical negligence against Petitioner hospital (OP-2) in the treatment of a patient with advanced throat cancer (Stage IV Hypopharynx) who developed complications (esophageal perforation, pyopneumothorax) following endoscopic dilation in 2006 — Assessment of alleged failure to exercise standard care during insertion of Ryle’s tube (feeding tube), speci India Law Library Docid # 2424517
(218) RAM PRIT ROY Vs. TOYOTA KIRLOSKAR MOTORS (P) LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-02-2025 Consumer Protection Act, 1986 — Section 21(b) — Scope of Revisional Jurisdiction — Interference with Concurrent Findings — Extent of the National Commission's power under Section 21(b) to interfere with concurrent findings of fact rendered by the District Forum and the State Commission — Whether the National Commission can re-assess or re-appreciate evidence on record in revisional jurisdiction when the findings below are based on evidence and documents, in the absence of demonstrated India Law Library Docid # 2424509
(219) DHL COURIER THROUGH DHL EXPRESS (INDIA) PRIVATE LIMITED Vs. BAKSHI ENTERPRISES[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-02-2025 Consumer Protection Act, 1986 — Section 2(1)(d)(ii) — ‘Consumer’ — ‘Service for Commercial Purpose’ Exclusion — International Exhibition — Whether a business entity (respondent) availing international courier services (appellant) to transport goods for display and promotion at an international trade exhibition, with the objective of promoting sales and business, does so for a "commercial purpose" within the meaning of the exclusion clause inserted by the 2002 amendment to Section 2(1)(d)(ii), th India Law Library Docid # 2424510
(220) NILKANTH BIKARAM BHALAVI (DEAD) THROUGH HIS LEGAL HEIRS Vs. M/S. A.K. GANDHI CARS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-02-2025 Consumer Protection Act, 1986 — Section 2(1)(r) (Unfair Trade Practice) & Section 2(1)(g) (Deficiency in Service) — Sale of Old Vehicle as New — Allegation that a vehicle manufactured in the previous calendar year (2007) was sold and delivered as a new vehicle in the subsequent year (June 2008) at the price of a new model — Consideration of evidence suggesting the vehicle was not new or was previously allocated, such as erasure marks (whitener use) over a previous name in the service manual, fre India Law Library Docid # 2424511