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(281) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. MADALAMBIKA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2024
Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Scope is limited and only to be exercised when State Commission has exercised a jurisdiction not vested in it by law, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — National Commission cannot interfere with concurrent findings of fact by lower Fora unless there is illegality or material irregularity — Reliance placed on Rubi (Chandra) Dutta Vs. M/s United India Insurance Co. Ltd.
India Law Library Docid # 2418241

(282) UNITED INDIA INSURANCE CO. LTD. Vs. M/S. HINDUSTAN FREIGHT CARRIERS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2024
Consumer Protection Act, 1986 — Sections 2(1)(d), 21(b) — Consumer — Commercial Purpose — Complainant engaged a freight carrier for transportation of mustard oil for commercial sale. Held, complainant is not a 'consumer' under Section 2(1)(d) with respect to the freight carrier as the service was availed for commercial purposes.
India Law Library Docid # 2418242

(283) DR. NTR UNIVERSITY OF HEALTH SCIENCES Vs. NAGALLI UDAYA SREE AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2024
Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Appeal against Order of State Commission — Dismissal of Appeals and Upholding District Forum Order — Interpretation of "Service" in Educational Matters.
India Law Library Docid # 2418243

(284) RAKESH JAIN Vs. AUDI INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2024
Consumer Protection Act, 1986 — Appeal against State Commission Order — Delay in filing — Condonation of delay granted.
India Law Library Docid # 2418245

(285) SNAPSOUL MEDIA PRIVATE LTD AND OTHERS Vs. KUSHAGRA TRIVEDI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-09-2024
Consumer Protection Act, 2019 — Section 51 — Appeal to National Commission — Pre-deposit — Mandatory pre-deposit of 50% of the amount ordered by the State Commission is required for the National Commission to entertain an appeal. The purpose of this pre-deposit is to prevent frivolous appeals and it has no connection with the grant of a stay.
India Law Library Docid # 2418244

(286) STAR HEALTH & ALLIED INSURANCE COMPANY LTD. Vs. RANJAN MOHAPARTA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-09-2024
Consumer Protection Act, 1986 Section 19 Appeal against State Commission order Delay in filing Condonation of delay Delay of 33 days in filing appeal condoned in the interest of justice.
India Law Library Docid # 2418248

(287) SBI LIFE INSURANCE CO. LTD. Vs. KUSUM LATA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-09-2024
Insurance Law — Group Insurance Scheme — Coverage Dispute — Repudiation of claim due to lack of opt-in and premium payment — Insured covered by Group Insurance Scheme only if they opt-in and premium is paid, with certificate being merely informative and subject to payment.
India Law Library Docid # 2418246

(288) M/S. HONDA SIEL CARS INDIA LTD. AND ANOTHER Vs. MANU K. BHANDARI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-09-2024
Consumer Protection Act, 1986 — Deficiency in service — Foul smell from AC unit — Expert report confirmed foul smell but did not establish manufacturing defect — Dealer responsible for rectifying the defect — Compensation awarded to the complainant.
India Law Library Docid # 2418247

(289) ATUL MADAN Vs. M/S MAX INDIA LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-09-2024
Consumer Protection Act, 1986 — Sections 2(1)(a)(i), 2(1)(g), 13, 14(1)(d), 24A — Negligence — Medical Negligence — Deficiency in Service — Hip Implant Surgery — Defective Product — Recall of Product — Causation — Loss of Income — Damages — Compensation — Court's Duty — Expert Opinion — Limitations — Appeal — Damages for bodily injury — Pecuniary & Non-pecuniary damages — Just and fair compensation — Consumer Protection Act, 1986 (in short, 'the Act') — Sections 21 (a) (1) and 22 — Complaint fil
India Law Library Docid # 2418249

(290) MRS. LALITA RAJPUROHIT Vs. M/S JOHNSON & JOHNSON LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-09-2024
Consumer Protection Act, 1986 — Sections 14(1)(d), 13(4) — Defective Goods and Deficiency in Service — Compensation — When defective goods cause bodily injury, compensation must be awarded under the law of torts for such injury — Principles for awarding compensation include pecuniary and non-pecuniary damages, such as medical expenses, loss of earning, pain and suffering, loss of amenities, shortened longevity, inconvenience, hardship, discomfort, disappointment, frustration and mental stress —
India Law Library Docid # 2418250

(291) MAPIN PUBLISHING PRIVATE LIMITED Vs. NEW INDIA ASSURANCE CO. LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-09-2024
Consumer Protection Act, 1986 — Section 24 A — Limitation — Condonation of delay — Appellant sought condonation of delay of 394 days in filing appeal — Explanation for delay was seeking legal opinion, appointing counsel, arranging voluminous documents, and difficulty coordinating from another state — Held, delay was neither intentional nor deliberate, but also that the explanation was not satisfactory or plausible with extenuating circumstances.
India Law Library Docid # 2418251

(292) KAMALJEET SINGH SHEKHAWAT Vs. KOMATSU INDIA PVT. LTD. L AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-09-2024
Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of 'consumer' — Commercial purpose — Test to determine if an activity is for a commercial purpose should be based on facts and circumstances of each case and cannot be a straight-jacket formula — State Commission erred in dismissing complaint solely on the ground that the excavator was used in a mine allotted to the appellant's brother, concluding it was for commercial use without sufficient evidence — The purchase of goods through a p
India Law Library Docid # 2418252

(293) MARUTI SUZUKI INDIA LIMITED Vs. JAYENDER AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of — While considering a revision petition, the National Commission can set aside the orders of Fora below and modify them if the findings of the Fora below are found to be not based on evidence or are perverse.
India Law Library Docid # 2418253

(294) LT COL P C CHANDEL (RETD) Vs. CENTRAL BANK OF INDIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024
Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction of National Commission — Scope — Limited to cases where State Commission has exercised jurisdiction not vested by law, failed to exercise jurisdiction vested, or acted illegally or with material irregularity — Revisional powers not for interfering with concurrent findings of fact based on appreciation of evidence, unless wholly perverse or against law/pleadings.
India Law Library Docid # 2418254

(295) ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. RUPALI INAMDAR 201[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024
Consumer Protection Act 1986, Section 19 Appeal against State Commission order Rejection of medical claim under international travel insurance policy Insurer refused claim citing exclusion clause for hazardous activities.
India Law Library Docid # 2418255

(296) TATA AIG GENERAL INSURANCE CO. LTD. Vs. AJIT SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024
Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Insurance claim repudiation — Theft of vehicle — Insurer repudiated claim citing non-cooperation of insured, discrepancies in keys, delay in lodging FIR and informing insurer, and improper vehicle usage permit — State Commission allowed complaint — Held, repudiation not sustainable.
India Law Library Docid # 2418256

(297) NEW INDIA ASSURANC CO. LTD. Vs. PUNJAB UNIVERSITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024
Consumer Protection Act, 1986 Section 19 Appeals Insurance Policy Deficiency in Service Fire and Special Perils Policy renewal Incorrectly insured only "Building Super Structure" instead of including furniture and fixtures Surveyor assessed claim as NIL State Commission partly allowed complaint Appeal against State Commission's order Appellant contention that claim handled according to policy terms and contract of insurance must be read in originality, without additions or subtractions
India Law Library Docid # 2418259

(298) CHAIRMAN RAJASTHAN HOUSING BOARD AND ANOTHER Vs. BABU LAL JAIN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2024
Consumer Protection Act, 1986 (Prior to Amendment) — Allotment of House — Cancellation — Deficiency in Service — Limitation — Complainant registered for house allotment in 1980, made initial deposits, and was allotted a house in 1986 — Failed to deposit demanded amount citing incomplete construction, which OPs disputed — Allotment cancelled in 1987 due to non-payment — Subsequent attempts for revival over several years at original rates were unsuccessful as per OPs’ policies and rules — Complain
India Law Library Docid # 2426888

(299) IDBI BANK LIMITED Vs. SHEETAL BHARGAVA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-08-2024
Consumer Protection Act, 1986 — Sections 2(1)(g), 2(1)(r) — Deficiency in Service, Unfair Trade Practice — Bank's disbursement of loan amount to builder in advance contrary to construction-linked payment plan — Bank held deficient in service and guilty of unfair trade practice for disbursing loan amount in advance without security, contrary to Reserve Bank of India guidelines and terms agreed upon, leading to builder absconding and project being abandoned.
India Law Library Docid # 2418258

(300) CHOLAMANDALAM INVESTMENT & FINANCE LTD. Vs. UTTAM RAO PAWADE AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-08-2024
Consumer Protection — Appeal — Non-joinder of necessary party — Dismissal of appeal on ground of non-joinder of dealer who had satisfied decree and against whom no relief was claimed, held unjustified where non-impleadment did not cause prejudice and could have been rectified by allowing impleadment.
India Law Library Docid # 2418257