(261) 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
(262) 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
(263) 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
(264) 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
(265) 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
(266) 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
(267) 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
(268) 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
(269) 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
(270) 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
(271) 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
(272) 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
(273) 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
(274) 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
(275) 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
(276) 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
(277) 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
(278) 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
(279) 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
(280) 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