(261) THE NEW INDIA ASSURANCE CO. LTD. AND OTHERS Vs. KESHAR DEO AGARWALA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-07-2024 Consumer Law — Fire insurance policy — A fire destroyed the stock of books in the basement of the complainant's business — The insurance company repudiated the claim, stating the basement was not covered under the policy —Whether the basement was covered under the insurance policy and if the complainant is entitled to indemnification and interest —The insurance company argued that the basement was not part of the insured premises and the State Commission misread the policy India Law Library Docid # 2416097
(262) DEPUTY SECRETARY, KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY, ESTATE (M & M ) UNIT, K.M.D.A, AND ANOTHER Vs. DR. SWAMI ANAND GIRI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-07-2024 Consumer Law — Registration of Sale Deed — The case involves a dispute over the registration of a sale deed for a flat — The complainant was allotted the flat on an outright sale basis but later faced issues with the registration due to a change in government policy — The main issue is whether the flat should be registered on a freehold basis as initially promised or on a leasehold basis as per the new policy by the West Bengal government — The petitioners argued that the new policy only allows India Law Library Docid # 2416099
(263) DR. FUL KANT JHA Vs. UNITED INDIA INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-07-2024 Consumer Law — Overseas Travel Insurance policy — pre-existing disease — The complainant purchased an Overseas Travel Insurance policy from United India Insurance Company — He was hospitalized in New York due to a heart problem, and the insurer refused to pay the medical bills citing a pre-existing condition clause —Whether the insurer's refusal to pay the medical expenses based on the pre-existing condition clause was justified — The complainant argued that he never had any heart problems befor India Law Library Docid # 2416104
(264) ICICI PRUDENTIAL LIFE INSURANCE CO. LTD. Vs. DEBENDRA KAMILA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-07-2024 Consumer Law — Condonation of Delay — Delay of 266 Days — ICICI Prudential Life Insurance filed a Revision Petition (RP) against an order from the State Commission, Odisha, with a delay of 266 days —The main issue was whether the delay in filing the RP could be condoned — The petitioner claimed they did not receive the certified copy of the order and only became aware of it on 15.01.2024 — They cited continuous follow-up with their legal firm — The court dismissed the IA for condonation of delay India Law Library Docid # 2416100
(265) COMMISSIONER, NAGAR PARISHAD Vs. SHIVLAL BHAGAT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-07-2024 Consumer Law — Sale and registration of Khancha — The case involves a dispute over the sale and registration of Khancha land purchased by the complainant's father in 1971 from Nagar Parishad, Alwar —The main issue is whether the petitioner (Nagar Parishad) can demand a differential amount based on a new policy for the sale of Khancha land —The petitioner argues that they are bound by the government's policy decision and that the respondent failed to pay the differential amount required by the ne India Law Library Docid # 2416101
(266) SANT'S HYUNDAI. (A UNIT OF AMRIT AUTO) SANT BHAWAN Vs. S. K. SHARMA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-07-2024 Consumer Law — Discrepancy in Price — The complainant purchased a Hyundai i10 for Rs. 4,57,000/- but received an invoice for Rs. 4,32,920/- — The discrepancy led to a complaint about the differential amount —The main issue was whether the petitioner issued two invoices for the same car and if the additional charges were justified —The petitioner argued that the second invoice was issued at the complainant's request and that the initial invoice was correct as per accounting procedures — The respo India Law Library Docid # 2416102
(267) ANGREJ SINGH Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-07-2024 Consumer Law — Vehicle Theft — The petitioner’s truck was insured and stolen on 21.12.2013 — The FIR was lodged on 10.01.2014, and the insurance claim was repudiated due to the delay —Whether the delay in lodging the FIR and informing the insurance company justifies the repudiation of the claim —The petitioner argued that he informed the insurance agent promptly and was unaware of the policy terms due to being a layman —The insurance company contended that the delay violated policy conditions, h India Law Library Docid # 2416103
(268) AGRAWAL TRANSPORT COMPANY THROUGH PROPRIETOR GOPAL AGRAWAL Vs. PAWAN KUMAR JAIN S/O RAJMAL JAIN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-07-2024 Consumer Law — Dismissal of an Appeal — Non-appearance —Petitioner filed a revision petition against respondent regarding a dispute initially decided by the District Commission and later by the State Commission — The main issue was the non-appearance of the petitioner before the State Commission, leading to the dismissal of their appeal — The petitioner argued that their non-appearance was due to unavoidable circumstances and that they have a strong case on merits — They requested an opportunity India Law Library Docid # 2416106
(269) M/S. MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD. AND OTHERS Vs. GURMEET SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-07-2024 Consumer Law — Loan repayments — Respondent bought a Mahindra Scorpio from ‘H’, who had financed it through petitioner — Payments became irregular, leading to disputes over the vehicle's possession and loan repayments —Whether the vehicle was repossessed by the petitioner with police help and if the respondent's payment receipts were forged —Petitioner claimed no privity of contract with respondent, disputed the repossession with police help, and argued the receipts were forged —Respondent asser India Law Library Docid # 2416107
(270) THE CHIEF REVENUE OFFICER/CHIEF ADMINISTRATOR AND OTHERS Vs. KRISHAN KUMAR C/O SUNDER LAL SHARMA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-07-2024 Consumer Law — Condonation of Delay — The petitioners filed a Revision Petition with a delay of 194 days, seeking condonation of the delay — Whether the delay in filing the Revision Petition can be condoned —The delay was due to the time taken to receive and process the necessary documents and was not intentional — The application for condonation of delay was disallowed, and the Revision Petition was dismissed —The petitioners failed to show sufficient cause for the delay, and the reasons provid India Law Library Docid # 2416105
(271) PRABU HERBERT SAMUEL (CIVIL ENGINEER) Vs. R. RAJAMMAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2024 Consumer Law — Housing — Construction Quality — A consumer complaint was filed against a construction engineer who claimed to be an expert in building a house — After paying the full amount, the complainant faced issues with the construction quality, leading to a consumer complaint — The OP argued that the construction was completed as per the agreement, and any defects reported were false — The complainant argued that the OP failed to complete the construction as agreed, resulting in additional India Law Library Docid # 2415660
(272) PRATAP SINGH Vs. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2024 Consumer Law — Stolen of Vehicle — Repudiation of insurance claim — The insurance company rejected a claim due to the driver's negligence in securing the vehicle, causing mental distress and financial loss — Petitioner argued that the company ignored these issues and sought higher interest and compensation — The National Consumer Disputes Redressal Commission dismissed the revision petitions, upholding the State Commission's order for 75% of the insured sum and 6% annual interest — The court fou India Law Library Docid # 2415662
(273) BRANCH MANAGER CHOLAMANDALAM M S GENERAL INSURANCE COMPANY LTD. Vs. MINATI DEI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2024 Consumer Law — Respondent obtained a loan for a tractor, which was insured and later burnt — She filed a claim, which was not settled by the insurer, leading to a complaint for compensation — The petitioner argued that the District Forum's ex-parte order was premature, as it passed before the prescribed period for filing a written version — The respondents supported the lower forums' findings and sought dismissal of the revision petition — The National Consumer Disputes Redressal Commission allo India Law Library Docid # 2415663
(274) UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED AND OTHERS Vs. M/S. UJALA PLASTIC & CASE COMPANY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2024 Consumer Law — Loss due to fire— Surveyor’s Report — The case revolves around respondent’s insurance claim for fire losses — The State Commission allowed the complaint, leading to appeals — The main issue is the assessment of the insurance claim and whether the Surveyor's report accurately reflects the Complainant's losses — The insurance company challenges the State Commission's order, questioning the veracity of the Complainant's stock purchases and loss claims — The Complainant seeks enhancem India Law Library Docid # 2415664
(275) SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. MAHESH CHAND SHARMA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2024 Consumer Law — Stolen of Vehicle — The complainant's truck was stolen, but the FIR registration and notification process was delayed, leading to legal proceedings — The insurer argued that the delay justified claim denial, citing precedents — The complainant argued that verified claims should not be rejected solely due to delay, citing Supreme Court decisions — The State Commission upheld the appeal and ordered the insurer to pay the adjusted claim amount with interest and litigation expenses — India Law Library Docid # 2415665
(276) MRS. PREM LATA SANGHI AND OTHERS Vs. DEUTSCHE LUFTHANSA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2024 Montreal Convention — Applicability of — The family of Senior Advocate G.L. Sanghi filed a complaint for compensation following his death on a Lufthansa flight — They argued that Lufthansa was negligent in medical assistance and emergency response, leading to Sanghi's death and thus liable under the Montreal Convention — However, Lufthansa denied negligence, stating that immediate medical assistance was provided and Sanghi's death was due to his internal condition — The National Consumer Dispute India Law Library Docid # 2415666
(277) UNITED INDIA INSURANCE CO. LTD. Vs. SHREE SAI LAXMI POULTARY FEEDS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2024 Consumer Law — Fire Damage — Appellant appealed against an order directing them to pay an insurance claim and compensation to respondent for fire damage to their stock, which was hypothecated with Andhra Bank — The main issue was the genuineness of the insurance claim, particularly the authenticity of purchase invoices and the actual quantity of damaged stock — Petitioner claimed the invoices were fictitious and the actual loss was not proven, invoking policy clauses to repudiate the claim — Res India Law Library Docid # 2415667
(278) RATNA GANGULY AND ANOTHER Vs. RAMAKRISHNA MISSION SEVA PATHISHTHAN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-06-2024 Consumer Law — Medical Negligence — Complainant filed a complaint against Ramakrishna Mission Seva Pratishthan and three doctors for alleged medical negligence leading to the death of the Husband of the Complainant — The main issue is whether the complaint is maintainable and if there was medical negligence on the part of the treating doctors — The complainants argued that there was a delay in the Trop-T test and life-saving drugs were not administered in time, leading to death India Law Library Docid # 2415668
(279) TAIPEN TRADERS LTD. AND ANOTHER Vs. M/S. BHAWANI COLD STORAGE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Law — Motor Vehicle — VIP Registration Number — The case revolves around the issue of a Mercedes Benz car's registration certificate and the alleged non-provision of a VIP number — The complainant faced issues with the vehicle's registration and insurance, leading to legal action against the petitioner — The petitioner argued that the complainant already received the registration certificate and there is no evidence of payment for a VIP number — They also mentioned a prior settlement wi India Law Library Docid # 2415640
(280) GHANSI Vs. UNITED INDIA INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 2019 — 58(1)(b) — Revisional Jurisdiction —The petitioner insured five buffaloes, two of which died — The insurance company rejected the claim, leading to a consumer complaint —The main issue is whether the insurance company was right to reject the claim based on the surveyor's report and alleged manipulation of the insured animal's identity —The petitioner claims the insurance company wrongly rejected the claim for the insured buffalo's death India Law Library Docid # 2415641