(221) UNION BANK OF INDIA Vs. MR. MUZAMMIL AND ANOTHER[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2024 Consumer Protection Act, 2019 — Section 41 — Condonation of Delay — The Commission emphasized that the power to condone delay under Section 41 of the Act, 2019, is discretionary and should be exercised judiciously — The applicant must satisfy the court that there was sufficient cause for the delay in filing the appeal — Mere negligence or lack of diligence on the part of the applicant does not constitute sufficient cause. India Law Library Docid # 2417703
(222) M/S. VATIKA LIMITED AND OTHERS Vs. DR. KHOZEM A DIVAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2024 Consumer Law — Housing — Delay in delivery of Flat — The complainant booked a residential unit with repondent company in 2007, with possession promised by 2010 — The project was delayed, and the complainant sought a refund with interest — Delay in possession, non-fulfillment of agreement terms, and whether the complainant is entitled to a refund and compensation — Respondent argued that the complainant was not a consumer, possession was offered, and no Occupation Certificate was required — The c India Law Library Docid # 2416964
(223) BAIBHAB SUR Vs. SWAPAN SENGUPT AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2024 Consumer Law — Housing — The appellant entered into agreements for a flat and car parking space but did not receive possession despite paying 90% of the consideration —The main issue is the delay in handing over possession and the demand for additional payment by the developer — The court directed the respondents to hand over possession within two months, compensate for the delay, and pay litigation costs — The court referenced previous judgments, emphasizing that buyers should not wait indefini India Law Library Docid # 2416965
(224) VICE CHAIRMAN, LUCKNOW DEVELOPMENT AUTHORITY AND OTHERS Vs. ALOK SRIVASTAVA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2024 Consumer Law — Housing — Incomplete Construction — The appellant allotted a house to the respondent in 1991, but failed to complete the construction — The respondent paid the full consideration but did not receive the house — Whether the appellant was deficient in service and liable for compensation due to the incomplete construction and failure to hand over the house — The appellant argued that the project was delayed due to the contractor’s negligence and offered a refund, which was refused by India Law Library Docid # 2416966
(225) LATE SH. SURESH CHAND GUPTA THROUGH HIS LEGAL REPRESENTATIVES AND OTHERS Vs. NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2024 Limitation Act, 1963 — Section 5 — Condonation of delay —NCDRC dismissed the petition and the accompanying application for condonation of delay due to insufficient cause — The petitioner's legal representatives, sought to challenge an order from the State Commission Delhi but failed to do so within the statutory limitation period — The NCDRC, citing various Supreme Court judgments, emphasized that the law of limitation under the Consumer Protection Act must be applied rigorously, and condonation India Law Library Docid # 2416962
(226) MR. MAHINDER SINGH Vs. M/S MAGMA LEASING LTD.[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2024 Consumer Protection Act, 1986 — Section 15 — Application for Condonation of Delay — The Commission held that applications for condonation of delay under the Act, 1986 must demonstrate sufficient cause for the delay in filing the appeal — The term "sufficient cause" encompasses circumstances where the party was not negligent and acted in good faith, without any want of diligence. India Law Library Docid # 2417702
(227) VINOD KUMAR Vs. ROYALE EMPIRE AND OTHERS[CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2024 Consumer Law — Housing — Non-delivery of possession — The complainant paid Rs. 50,25,000 for a residential unit in the "Royal Empire" project but did not receive possession by the promised date of 04.05.2015 — The main issue is the non-delivery of possession of the unit despite full payment — The complainant argued that despite paying the full amount, the possession was not delivered, causing financial loss and mental agony — The opposite parties did not appear in court to contest the allegation India Law Library Docid # 2417699
(228) MR. RAVI Vs. SARGAM INDIA ELECTRONICS PVT. LTD.[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2024 Consumer Protection Act, 1986 — Section 15 — Application for Condonation of Delay — The Commission held that an application for condonation of delay must demonstrate "sufficient cause" for the delay in filing the appeal — "Sufficient cause" is not merely the absence of negligence or want of bona fides but requires a showing that the party was prevented from acting diligently due to circumstances beyond their control — The Commission referred to several judgments, including Basawaraj and Ors. vs. India Law Library Docid # 2417701
(229) MOHAMED ABBAS Vs. UNION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024 Consumer Law — Railways — The petitioner, a Railway employee, filed a complaint in 2005 alleging medical negligence and deficiency in service by Railway authorities — Whether the petitioner is a consumer under the Consumer Protection Act and if the District Forum has the authority to review its own orders — The petitioner argued that the respondents withheld medical records, violating regulations and constituting a deficiency in service — The respondents contended that the petitioner is not a co India Law Library Docid # 2416449
(230) GURVINDER KAUR Vs. DR. BHARTI GUPTA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024 Consumer Law — Medical Negligence — Petitioner underwent a C-section resulting in complications and subsequent surgeries — She alleged negligence by Respondent –Doctor — Whether there was medical negligence by respondent during the C-section, leading to the complainant's suffering — Petitioner claimed negligence and deficiency in service leading to severe health issues and financial loss — Respondent denied negligence, stating the surgery was conducted as per medical standards and that the compl India Law Library Docid # 2416450
(231) DR. AMBUJAKSHA SINHA MAHAPATRA AND ANOTHER Vs. AMALENDU BHATTACHARJEE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024 Consumer Law — Medical Negligence — The complainant, suffering from abdominal pain, was diagnosed with acute pancreatitis by petitioners — Subsequent tests showed a normal pancreas, leading to allegations of wrong diagnosis and unnecessary expenses — Whether there was medical negligence by the doctor and the nursing home in diagnosing and treating the complainant — The diagnosis was based on clinical symptoms and standard medical protocols — The State Commission's decision was made without expe India Law Library Docid # 2416451
(232) STATE BANK OF INDIA AND OTHERS Vs. BIRESH CHANDRA GANGOPADHYAY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024 Consumer Law — Banking — Premature closure of FD — The complainants, elderly customers of SBI, faced unauthorized withdrawals from their account, including premature closure of fixed deposits, due to compromised internet banking credentials — Whether the bank was negligent in allowing unauthorized access and if the complainants shared their credentials, leading to the fraud — The bank argued that the complainants were negligent in securing their credentials and that the transactions were authent India Law Library Docid # 2416452
(233) SREE KARUNA NURSING HOME & SCANNING CENTRE AND ANOTHER Vs. KAYALA TRINADHA SIVA SANKARA REDDY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024 Consumer Law — Medical Negligence — The complainants, a couple, alleged negligence by the appellants (a nursing home and a doctor) for failing to detect a congenital deformity in their unborn child during a TIFFA scan — Whether the appellants were negligent in their service and if the compensation awarded by the State Commission was justified — The appellants argued that the scan was conducted at an advanced stage of pregnancy (26 weeks), making it difficult to detect deformities — They also co India Law Library Docid # 2416453
(234) AIR CANADA Vs. MINALI MITTAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024 Consumer Law — Airlines — The complainants, a mother and two minor children, faced issues during their journey from Chandigarh to Toronto, including delays, locked washrooms, and mistreatment by the airline staff — The main issues were the alleged deficiency in service, unfair trade practices, and violations of human and child rights by the airline staff — The petitioners argued that the airline staff's behavior caused significant distress and humiliation, and they sought compensation for mental India Law Library Docid # 2416454
(235) M/S. BHUPINDER TYRES WORKS Vs. NEW INDIAASSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024 Consumer Law — Fire Insurance — Appellant insured their shop with New India Assurance Co. Ltd. A fire caused significant damage, but the insurer denied the claim, citing doubts about the fire's cause — Whether the insurer's denial of the claim was justified and if the State Commission's partial award was appropriate — The petitioner argued that the fire caused a loss of Rs. 30 lakhs and that the insurer's denial was based on incorrect observations and facts — The insurer claimed the fire's cause India Law Library Docid # 2416455
(236) UNITED INDIA INSURANCE CO. LTD. Vs. NOVEX ENTERPRISES[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024 Consumer Law — Fire Insurance Policy — The respondent claimed damages for insured goods due to heavy rain under a Fire Insurance Policy, which was repudiated by the appellant for non-compliance with document submission — Whether the repudiation of the insurance claim was justified and if the compensation for mental agony was applicable — The appellant argued that the State Commission's order lacked reasoning, no proper assessment was done, and the respondent failed to comply with document submis India Law Library Docid # 2416456
(237) BRANCH MANAGER, BANK OF BARODA (FORMALLY VIJAYA BANK) Vs. SURESH BALIGA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-07-2024 Consumer Law — Insurance Claim — Jewellery Shop — The jeweller's shop was burglarized, and the insurance claim was denied because the policy covered a different address — Whether the bank's omission of the correct address in the insurance proposal constitutes a deficiency in service — The bank was responsible for the insurance proposal and failed to include the correct address, leading to the denial of the claim — The insurance company argued that the policy did not cover the address where the b India Law Library Docid # 2416462
(238) DAGA AUTO DISTRIBUTORS Vs. DIVISIONAL MANAGER, NATIONAL INSURNACE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-07-2024 Consumer Law — Loss due to heavy rainfall — The petitioner claimed damages due to water entering their premises during heavy rainfall — The insurance company denied the claim, citing poor maintenance and pre-existing cracks from an earthquake — Whether the damage was caused by external inundation or due to poor maintenance and pre-existing structural issues — The petitioner argued that the damage was due to heavy rainfall, which was covered under the insurance policy, and that the insurance comp India Law Library Docid # 2416457
(239) KAPIL VERMA Vs. NEW INDIA INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-07-2024 Consumer Law — Insurance Claim — Commercial vehicle — Valid route permit — A commercial vehicle insured by the petitioner met with an accident — The insurance claim was repudiated due to the absence of a valid route permit — Whether the insurance company was justified in repudiating the claim based on the absence of a valid permit — The petitioner argued that they were not made aware of the policy terms and conditions and cited previous judgments to support their claim for indemnification — The India Law Library Docid # 2416458
(240) THE ORIENTAL INSURANCE COMPANY LIMITED Vs. AMITA DHIMAN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-07-2024 Consumer Law — Fatal Accident — Learner's license — The deceased had a learner's license and was involved in a fatal accident while driving a motorcycle without adhering to learner's license conditions — Whether the insurance claim should be repudiated due to the deceased violating learner's license conditions — The insurance company argued that the deceased violated learner's license conditions, justifying claim repudiation — The respondents contended that the deceased had extensive driving exp India Law Library Docid # 2416459