(241) TOWN IMPROVEMENT TRUST Vs. ANITA RANI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2024 Consumer Law — Housing — The Town Improvement Trust, Bathinda, failed to deliver possession of flats within the stipulated period, leading to complaints from allottees — Whether the complainants are entitled to a refund and compensation due to the delay and deficiencies in the construction and amenities — The Trust argued that the complaints were barred under Order II, Rule 2 of the Code of Civil Procedure and that possession had been offered — The complainants contended that the flats were inco India Law Library Docid # 2416463
(242) TATA AIG GENERAL INSURANCE CO. LTD. Vs. RAJENDER SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2024 Consumer — Theft — Negligence — Truck was stolen after the driver left it unlocked with the key in the ignition — The insurance claim was denied due to alleged negligence — Whether the insurance company was justified in repudiating the claim based on the driver's negligence — The theft occurred due to the driver's negligence, violating the insurance policy's conditions — The driver took reasonable precautions, and the theft was not due to negligence — The District Forum and State Commission rule India Law Library Docid # 2416464
(243) KOTAK MAHINDRA LIFE INSURANCE CO. LTD. Vs. DR. CAPT. S. SRINIVASAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2024 Consumer Law — Insurance Policy — Respondent, a retired medical professional, took an insurance policy for his grandson but found errors in the policy certificate — Despite repeated attempts to rectify the errors, the insurance company did not take action — Whether there was a deficiency in service by the insurance company in issuing the policy and failing to address the complainant's concerns — The insurance company argued that the complaint lacked cause of action, was filed beyond the freelook India Law Library Docid # 2416465
(244) SAYANTI DUTTA AND OTHERS Vs. SAMIR MAJUMDAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2024 Consumer Law — Housing — Non-Possession of Flat — The complainant paid Rs. 17,53,000 for a flat but did not receive possession or a refund — The complaint was filed seeking a refund, compensation, and litigation costs — Whether the complaint is barred by limitation and whether the appellant is liable for the refund despite the dissolution of the partnership — The order is illegal, the appellant received no payment, and the complaint is barred by limitation and other legal doctrines — The partner India Law Library Docid # 2416466
(245) POLICE DEPARTMENT Vs. LOVEPREET SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2024 Consumer Law — Insurance Policy — Non-payment of Premiums — The complainants' father, a constable, had taken three insurance policies — After his death, the policies lapsed due to non-payment of premiums, allegedly because the Police Department stopped deducting premiums from his salary — Whether the Police Department was responsible for the lapse of the insurance policies due to non-deduction of premiums — The Police Department argued they stopped deductions based on the deceased's oral request India Law Library Docid # 2416460
(246) KAMAL NARAYAN VERMA Vs. GAYATRI HOSPITAL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2024 Consumer Law — Medical Negligence — Petitioner was injured in an accident and treated at respondent hospital — He alleged negligent treatment, resulting in permanent disability — Whether the treatment provided by Hospital was negligent and if the compensation awarded was justified — Petitioners argued that the treatment was negligent, causing ongoing complications and disability — Respondent contended that the treatment was appropriate and any complications were due to the patient's failure to f India Law Library Docid # 2416461
(247) CA RAMAKANT G SOMANI S/O. GANGABISHAN SOMANI Vs. LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-07-2024 Consumer Law — Life Insurance Claim — The appellant filed a life insurance claim after his wife, who had cancer, passed away — The claim was denied by LIC due to alleged false disclosures about her health — Whether the insured had made false disclosures about her health status at the time of acquiring the policy — The insured did not suffer from the diseases mentioned in the repudiation letter, and the medical examination before policy issuance did not indicate such diseases — The insured had a India Law Library Docid # 2416467
(248) SURINDER KUMAR AGGARWAL Vs. NEW INDIA ASSURANCE COMPANY LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-07-2024 Consumer Law — Mediclaim Policy — The petitioner had a mediclaim insurance policy and met with an accident, incurring medical expenses — The insurance claim was repudiated by the respondent — Whether the petitioner was entitled to the insurance claim despite not being hospitalized for 24 hours — The petitioner argued that the policy covered dental surgery following an accident without the 24-hour hospitalization requirement — The respondent contended that the petitioner did not provide sufficien India Law Library Docid # 2416468
(249) NEW DELHI INSTITUTE OF MANAGEMENT STUDIES Vs. SHAMANESHWARAM AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-07-2024 Consumer Law — Education — Fees — The case involves the New Delhi Institute of Management Studies others, regarding the MBA course's legitimacy and associated fees — The main issues are the territorial jurisdiction, the legitimacy of the MBA course, and whether the complainant is a consumer under the Consumer Protection Act — The petitioner argued that the institute had the necessary approvals, the complainant was not a consumer, and the fees were non-refundable — The respondent claimed the inst India Law Library Docid # 2416469
(250) CHANDRA PRAKASH AND ANOTHER Vs. CHANDER CLINIC AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-07-2024 Consumer Law — Medical Negligence — Brain death due to an adverse reaction to an anti-emetic injection after surgery — Her family filed a complaint alleging medical negligence — Whether the medical professionals and facilities were negligent in their treatment and care — The injection was administered incorrectly, and there was a lack of emergency response, leading to brain death — The adverse reaction was a known side effect, and all necessary measures were taken promptly — The appeal was allow India Law Library Docid # 2416473
(251) SMT. SURESH RANI THROUGH SHRI ROHIT GOYAL Vs. KAILASH HOSPITAL AND HEART INSTITUTE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-07-2024 Consumer Law — Medical Negligence — The case involves a medical negligence claim against Kailash Hospital and several doctors for the treatment who suffered permanent brain damage and later died — Allegations of incorrect drug administration, unregulated treatment, and rapid correction of sodium levels leading to brain damage — Petitioner argues that the hospital and doctors were negligent in their treatment, leading to severe electrolyte imbalance and brain damage — Respondent contends that the India Law Library Docid # 2416470
(252) RANI CHILDREN HOSPITAL AND OTHERS Vs. RAJESH KUMAR JHA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-07-2024 Consumer Law — Medical Negligence — A premature baby was born and treated at appellants’ hospital — She was later diagnosed with blindness due to Retinopathy of Prematurity (ROP), which was not tested or advised by the hospital or doctors — Whether there was medical negligence by the hospital and doctors in not advising or conducting ROP screening for the premature baby — The hospital and doctors argued that the ROP test was not required at the time of discharge and that the parents were neglige India Law Library Docid # 2416471
(253) INDUMATI Vs. SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-07-2024 Consumer Law — Medical Negligence — Pre-existing disease — The complainant's husband obtained an insurance policy but died due to septic shock — The insurance claim was repudiated due to alleged non-disclosure of health issues — Whether the repudiation of the insurance claim by the insurance company was justified — The insurance company cannot question the policy after two years — The non-disclosed health issues were not material to the policy — The deceased insured suppressed material health in India Law Library Docid # 2416472
(254) SWARJEET SAGI AND OTHERS Vs. D. SRINIVAS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-07-2024 Consumer Law — The appellants, related to the managing partner of Gharonda Builders, were incorrectly included as opposite parties in a complaint about service deficiencies by the builder —Whether the appellants were partners of the firm and liable for the alleged deficiencies —The appellants argued they were not partners and had no connection with the builder's activities —The respondents claimed the appellants were in collusion with the builder and should be held liable —The State Commission's India Law Library Docid # 2416090
(255) BIHAR STATE HOUSING BOARD Vs. BEDAMO DEVI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-07-2024 Consumer Law — Housing — The complainant was allotted a house in 1983 and paid regular installments until 1989 — After a long gap, she deposited a lump sum in 1999 — The Board calculated the final cost, which the complainant disputed — The main issue is the dispute over the final cost of the house and whether the complainant should pay the escalated amount —The Board argued that the price escalation was as per the contractual terms and that the complainant had no right to dispute it — They also India Law Library Docid # 2416092
(256) SHANKAR SARAN Vs. CHAIRMAN APOLLO HOSPITALS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-07-2024 Consumer Law — Hospital registration fee — Unfair trade practice — The complainant was charged a registration fee at a hospital, which he claimed was unfair and amounted to an unfair trade practice — Whether the hospital's compulsory registration fee constitutes an unfair trade practice and if it violates the Hippocratic Oath — The registration fee is illegal, provides no service, and the hospital's refusal to see patients without registration is a deficiency in service —Registration is necessa India Law Library Docid # 2416093
(257) IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. Vs. HARMANPREET SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-07-2024 Consumer Law — Motor Insurance Policy — ‘H’ bought a vehicle from ‘S’ — The vehicle was insured but the insurance policy was not transferred to ‘H’ name before an accident occurred —Whether ‘H’, who did not transfer the insurance policy to his name, is entitled to claim compensation for own damage under the insurance policy — The insurance policy was not transferred to ‘H's name, so he had no insurable interest — The deeming provision in Section 157 of the Motor Vehicles Act, 1988, applies only India Law Library Docid # 2416094
(258) DR. UMA ARORA Vs. JAIPRAKASH ASSOCIATES LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-07-2024 Consumer Law — Housing — Delayed possession — Compensation — Complainant filed a complaint against delayed possession of a flat in Noida, booked in 2009 — Delay in possession, financial loss, mental agony, and increased super area — Petitioner argue for compensation for delay, financial loss, and rectification of defects in the flat — Respondent argue that delay due to force majeure events like legal disputes and environmental restrictions — Compensation for delay at 6% interest per annum, no in India Law Library Docid # 2416095
(259) NITIN AGARWAL AND ANOTHER Vs. M/S THE BOMBAY DYEING & MANUFACTURING CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-07-2024 Consumer Law — Housing — Delays and discrepancies in a housing project — Compensation — Delay in possession, excess charges for carpet area and car parking, non-provision of promised amenities, and improper maintenance charges — Petitioner claimed compensation for delays, refund of excess charges, and provision of promised amenities — Respondent argue that delay due to force majeure events like legal disputes and environmental restrictions, denied excess charges, and argued compliance with agree India Law Library Docid # 2416096
(260) VINEET KUMAR DIXIT AND ANOTHER Vs. SENIOR SUPERINTENDENT OF POST OFFICES AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-07-2024 Consumer Law — The petitioners opened Recurring Deposit (RD) accounts in 2003 — Upon maturity in 2008, payments were not made due to alleged embezzlement by the petitioner's father, a postal employee — Whether the non-payment of the RD accounts constitutes a deficiency in service — The petitioner's father was acquitted of embezzlement charges, and withholding the RD payments without legal authority is a deficiency in service —The RD accounts were confiscated due to embezzlement under the Public India Law Library Docid # 2416091