(221) LIVING MEDIA INDIA LIMITED Vs. HMB SINHA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-08-2024 Consumer Law — The complainant alleged that petitioner failed to deliver subscribed issues of Reader's Digest and did not provide promised gifts and participation in a sweepstakes — The main issues were non-receipt of subscribed magazine issues, non-receipt of mystery gifts, and exclusion from the sweepstakes — The petitioner argued that the complainant did not pay for the subscription, hence the issues were not sent — They also claimed that the sweepstakes was a chance-based event and not a ser India Law Library Docid # 2417698
(222) PUNJAB NATIONAL BANK Vs. SUSHAM LATA SEHGAL[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 09-08-2024 Consumer Law — Banking — FDR — The complainant, a senior citizen, invested in Fixed Deposit Receipts (FDRs) with Punjab National Bank (PNB) but was not paid the correct interest rate as promised — The bank withheld a substantial amount of interest without her consent — Whether PNB is liable to pay the contracted rate of interest (9.5%) mentioned on the FDRs or the lower rate (9%) as per their circulars — The complainant argued that the bank must pay the interest rate mentioned on the FDRs and co India Law Library Docid # 2417711
(223) IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. MANJEET KAUR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-08-2024 Sankat Haran Kisan Gramin Bima Yojana — Policy Commencement — The insurance policy commenced on the 31st day after the purchase of fertilizer, which was 12.02.2011 — The accident occurred on 06.02.2011, before the policy started — The State Commission ruled that the cause of action was the death, which occurred after the policy commenced, making the claim valid — Contra Proferentem Rule — The court applied this rule, favoring the claimant due to ambiguity in the policy terms — The revision peti India Law Library Docid # 2417697
(224) ASHOK KUMAR PRAJAPAT Vs. DIRECTOR, HARYANA STATE TRANSPORT[CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION] 09-08-2024 Consumer Law — Importance of protecting public health in public transport and the responsibilities of transport operators in ensuring safe and comfortable travel environments for their passengers — Prohibition of Smoking in Public Transport — The Commission established that smoking within public transport, specifically buses, is a violation of both public health regulations and consumer rights — It cited The Air (Prevention and Control of Pollution) Act 1981, The Cigarettes and Other Tobacco Pro India Law Library Docid # 2417700
(225) AMARJEET SINGH GADHOK AND OTHERS Vs. RAHEJA DEVELOPERS LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-08-2024 Consumer Law — Housing — Delayed Possession — Eleven complainants filed against Raheja Developers for delayed possession that booked between 2009-2011 — Delay in construction and possession, compensation for delay, and refund requests — Complainants seek possession, compensation for delay, refund if possession isn't given, and compensation for mental agony and litigation costs — Delay due to external factors like infrastructure issues and government policies — Claimed no negligence and argued th India Law Library Docid # 2416979
(226) PRABODH KUMAR SHUKLA Vs. RAIPUR DEVELOPMENT AUTHORITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-08-2024 Consumer Law — Housing — Allotment — The case involves related to the allotment of plots — The complainants argue that they were entitled to plots at old rates, but the Raipur Development Authority demanded current market rates — Whether the complainants are entitled to plots at old rates or must pay current market rates — The complainants argue that they paid the amount long ago and are entitled to plots at old rates — They also claim that the delay was due to the authority's internal issues — India Law Library Docid # 2416980
(227) BIHAR STATE HOUSING BOARD AND OTHERS Vs. AWADHESH PANDEY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-08-2024 Consumer Law — The Bihar State Housing Board was accused of not providing necessary documents and information regarding outstanding dues to the complainant, leading to a complaint in 1998 — The main issue was the deficiency in service by the Housing Board, including the non-provision of receipts and details of outstanding payments — The Housing Board argued that the delay in payment of 33 installments justified their actions and sought restoration of their appeal dismissed in 2015 — The responde India Law Library Docid # 2416981
(228) AGRICULTURE INSURANCE CO. OF INDIA LTD. Vs. ABDULAZIZ AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-08-2024 Consumer Law — Crop Insurance — Farmers from Gangapur Village Service Co-operative Committee insured their crops under the National Agriculture Insurance Scheme — Due to a drought in 2005, their crops were damaged, and they sought compensation — Whether the insurance company is liable to pay compensation based on the Collector's report or the yield data from the Directorate of Economics and Statistics — The insurance company argued that compensation should be based on yield data from the Directo India Law Library Docid # 2416982
(229) KOTAK MAHINDRA GENERAL INSURNCE CO. LTD. Vs. MR. SOURABH[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2024 Consumer Protection Act, 2019 — Section 41 — Condonation of Delay — Standard for Sufficient Cause — The Commission clarified that "sufficient cause" for condonation of delay means that the party should not have acted negligently or without bona fides — The applicant must demonstrate that they were prevented from prosecuting their case by circumstances beyond their control. India Law Library Docid # 2417706
(230) RAM BHUTANI Vs. M/S. SUNCITY PROJECTS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2024 Consumer Law — Housing — Delayed possession — The complainant alleged deficiency in service by respondent regarding the delayed possession and incomplete amenities — Delay in possession, incomplete amenities, incorrect application of GST and VAT, and improper compensation for the delay — The complainant argued that the opposite party failed to deliver the apartment on time, did not provide the agreed amenities, and charged incorrect taxes — The opposite party contended that the complaint was bar India Law Library Docid # 2416974
(231) DR. MANJU DADU Vs. FORTIS ESCORT HEART INSTITUTE & RESEARCH CENTRE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2024 Consumer Law — Medical Negligence — Complaint against respondent for medical negligence leading to severe injury to her husband —Whether the hospital and doctors were negligent in their treatment, leading to brain hemorrhage and subsequent health deterioration — The complainant argued that the hospital and doctors were negligent in diagnosing and treating the patient's condition, leading to severe brain injury and paralysis — The hospital and doctors claimed they provided standard medical care a India Law Library Docid # 2416975
(232) WRITER SAFEGUARD PVT. LTD. Vs. NATIONAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2024 Cash robbery — Complainant filed a complaint against National Insurance Co. Ltd. for repudiating their insurance claim of Rs. 1.33 Crores after a cash robbery — Whether the insurance claim was valid and if there was any negligence or breach of policy conditions by the complainant — The complainant argued that all policy conditions were met, and the robbery was an unforeseen event caused by an organized gang — The insurance company claimed negligence and breach of policy conditions, specifically India Law Library Docid # 2416976
(233) DAYARAM MEENA AND ANOTHER Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2024 Standard Fire & Special Perils Policy — The complainant insured 400 trolleys of mustard husk, which caught fire — The insurance company delayed action and eventually denied the claim, citing spontaneous combustion —Whether the fire was due to spontaneous combustion, which is excluded from the policy, and whether the insurance company was deficient in service — Petitioner argue that the fire was not due to spontaneous combustion — The insurance company delayed the survey and failed to assess the India Law Library Docid # 2416977
(234) GOIBIBO COM OFFICE Vs. AMRIT PAL JAISWAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2024 Consumer Law — Airlines — Flight Tickets — Complainants booked flight tickets through Goibibo for Jet Airways, which later ceased operations — They sought refunds from Goibibo but did not receive them — Whether Goibibo, as an intermediary, is liable for refunds when the airline fails to provide services — Goibibo claimed it was merely a facilitator and not liable for refunds, citing various legal precedents and the insolvency proceedings of Jet Airways —The complainants argued that Goibibo's own India Law Library Docid # 2416978
(235) DELHI JAL BOARD Vs. MR. RAJ SINGH[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-08-2024 Application of Consumer Protection Act, 2019 vs. 1986 Act — The Commission clarified that cases pending or adjudicated under the Consumer Protection Act, 1986 will continue to be governed by the provisions of the 1986 Act, even after the enactment of the Consumer Protection Act, 2019 — The 2019 Act is considered prospective in nature, affecting only cases filed after its commencement. India Law Library Docid # 2417704
(236) INDIAN RAILWAYS Vs. MRS. LALITA DEVI[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-08-2024 Application for Condonation of Delay — The NCDRC held that an application for condonation of delay must be examined with strict scrutiny, especially when the delay is significant — The party seeking condonation must provide a satisfactory explanation for the delay and demonstrate that there was no negligence or want of bonafide on their part. India Law Library Docid # 2417705
(237) ISHWAR DUTT Vs. SHREE RAM GENERAL INSURANCE COMPANY LIMITED[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-08-2024 Consumer — Truck damage by Fire —The complainant's truck, insured for Rs. 8,73,580, was completely damaged by fire on 13.04.2017 — The insurance company assessed the loss at Rs. 1,01,400 but did not settle the claim — Whether the insurance company was deficient in service by not settling the claim for the full insured amount — The complainant argued that the awarded amount was insufficient and sought the full claimed amount — The insurance company contended that the complainant did not repair th India Law Library Docid # 2417709
(238) NATIONAL INSURANCE CO. LTD. Vs. AMNINDER SINGH[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-08-2024 Motor Accident Claim — The complainant purchased a truck and insured it with National Insurance Co. Ltd — The truck met with an accident before obtaining permanent registration, leading to a dispute over the insurance claim — Whether the insurance claim is valid despite the truck not having permanent registration at the time of the accident —The insurance company argued that the claim should be denied as the truck lacked permanent registration, violating the Motor Vehicle Act —The complainant ar India Law Library Docid # 2417710
(239) BASSAPPA PARAPPA VENKTAPUR Vs. UNITED INDIA INSURANCE CO. LTD. THROUGH ITS MANAGER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-08-2024 Insurance Claim — Automobile — Delayed registration transfer — The petitioner bought a second-hand car and faced issues with insurance claim denial after an accident due to delayed registration transfer — Whether the insurance company was justified in repudiating the claim because the insurance policy was not in the petitioner's name at the time of the accident — Petitioner argues that delay in transferring the registration was due to mismanagement at the RTO office, and the insurance company sh India Law Library Docid # 2416969
(240) ARUN KUMAR ALIAS SUDHIR KUMAR Vs. NEW INDIA ASSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-08-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — The petitioner filed for condonation of a 401-day delay in submitting a revision petition, citing medical treatment and lack of communication from his counsel — Whether the delay in filing the revision petition should be condoned — Petitioner argues that the delay was due to medical treatment and lack of communication from the counsel and the State Commission —The application for condonation of delay was dismissed, and the revision petiti India Law Library Docid # 2416970