(281) M/S. CHAMBAL FERTILISERS AND CHEMICALS LTD. Vs. M/S. IFFCO-TOKIO GENERAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-10-2024 Insurance Law — Claim repudiation — Policy period — Crucial date for determining coverage is when the loss occurred, not when it was discovered. India Law Library Docid # 2419374
(282) M/S. TULSIDAS KHIMJI PVT. LTD. Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-10-2024 Insurance Law Consumer Protection Fidelity Policy Repudiation of Claim Deficiency in Service The complainant company Tulsidas Khimji (P) Ltd. filed a consumer complaint against IFFCO Tokio General Insurance Co. Ltd. for repudiating a claim under a Fidelity Policy due to alleged breach of policy conditions. The State Commission dismissed the complaint. The appellate body reviewed the decision and found that the repudiation was not justified. India Law Library Docid # 2419375
(283) M/S. U.P. COOPERATIVE FEDERATION LTD. Vs. M/S. NATIONAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-10-2024 INSURANCE LAW Claim repudiation Grounds for repudiation were found to be incorrect by the Commission. The grounds included issues with loading temperature, maintenance of temperature, failure to minimize loss, and late reporting of breakdown. The complainant successfully demonstrated that these grounds were not valid or applicable in their case. India Law Library Docid # 2419376
(284) MR. SOHAN SINGH Vs. MR. GURCHARAN SINGH S/O. SH. PURAN SINGH AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-10-2024 Consumer Protection Act, 1986 — Section 24A — Limitation — Condonation of delay — Appellant sought condonation of 499 days' delay in filing appeal — Appellant claimed reasons related to objections not being considered and arbitrary orders by the State Commission — Held, these reasons did not justify the protracted delay — Delay caused by routine and casual handling of the case. India Law Library Docid # 2419372
(285) CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD Vs. DINESH KUMAR SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-10-2024 Debtor and Creditor — Loan Agreement — Settlement — Arbitration Award — Property Mortgage — Release of Title Deeds — Consumer Protection was initiated for release of mortgaged property documents after settlement of loan due to deficiency in service by the lender. India Law Library Docid # 2419373
(286) VIVEK PODDAR AND ANOTHER Vs. SHAMBHOO DAYAL AGRAWAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-10-2024 Consumer Protection Act, 1986 Section 2(1)(d) "Consumer" Commercial Purpose Whether a purchase is for commercial purpose depends on the dominant object of the purchase and can be determined by factors like the scale of business and number of employees If the machine is purchased for self-employment and livelihood, and the business is small, it does not amount to a commercial purpose. India Law Library Docid # 2419369
(287) M/S. KIRAN COLD STORAGE PVT. LTD. Vs. MAHEENDRA PAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-10-2024 Consumer Protection Act, 1986, Section 21(b) — Revisionary jurisdiction — Scope — Interference only if order is illegal, arbitrary or perverse — State Commission's order found to be well-reasoned and no illegality or jurisdictional error. India Law Library Docid # 2419370
(288) SBI LIFE INSURANCE COMPANY LIMITED Vs. NAVNEET NAROLIYA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-10-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — Power of National Commission to set aside orders of State Commission. India Law Library Docid # 2419371
(289) KASHMIR SINGH GILL Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition challenging State Commission's order — State Commission allowed appeal, set aside District Forum's order, dismissed complaint — Petitioner argued State Commission erroneously allowed appeal without opportunity to reply — Issue: whether claim for haematuria treatment justified under policy. India Law Library Docid # 2419368
(290) M/S NATIONAL INSURANCE COMPANY LTD. Vs. M/S REVEX PLASTICISERS PVT. LTD AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Insurance Law — Inland Transit Policy — Coverage — Risk ceases upon delivery of consignment to the destination named in the policy — Loss due to dishonest or fraudulent acts of the insured's employee is not a transit loss and is excluded from coverage. India Law Library Docid # 2419362
(291) LIFE INSURANCE CORPORATION OF INDIA Vs. VENUS CHAUDHARY (MINOR) THROUGH HER FATHER AND LEGAL GUARDIAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Consumer Protection Act, 1986 — Appeal against State Commission's order — Delay condoned in the interest of justice. India Law Library Docid # 2419363
(292) ASHOK BHATIA Vs. TRAWELLTAG INDIA PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in Service — Full and Final Settlement — Acceptance of payment towards full and final settlement bars further complaint — Appellant accepted payment for insurance claim stating it was for full and final settlement and did not protest for 16 days — State Commission correctly dismissed complaint on this ground. India Law Library Docid # 2419365
(293) RICOH INDIA LIMITED Vs. M/S. RAJESH XEROX[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 CONSUMER PROTECTION ACT, 1986 — SECTION 2(1)(d) — CONSUMER — DEFINITION — COMMERCIAL PURPOSE — ELECTRONIC GOODS — PURCHASES FOR EARNING LIVELIHOOD BY SELF-EMPLOYMENT ARE NOT COMMERCIAL PURPOSE — Held, purchaser of goods for the purpose of earning livelihood by self-employment is a consumer, even if the business is conducted on a small scale. India Law Library Docid # 2419366
(294) ACHLA RAM Vs. UNITED INDIA INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-09-2024 Motor Vehicles Act, 1988 — Section 66(1) and 66(3)(p) — Permit requirements for transport vehicles — Applicability to vehicle returning from repairs — Held, the exemption under Section 66(3)(p) for vehicles proceeding empty for repair also covers the return journey after repairs, as the return is a necessary adjunct of the journey to the garage. India Law Library Docid # 2419367
(295) URBAN IMPROVEMENT TRUST, BIKANER Vs. BABULAL JAT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-09-2024 Consumer Protection Act, 1986 Jurisdiction Auction Purchaser An auction purchaser in a public auction of sites is not considered a consumer under the Act, and therefore, consumer fora lack jurisdiction to entertain complaints related to such transactions. India Law Library Docid # 2419360
(296) BALJINDER SINGH Vs. NEW INDIA ASSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-09-2024 Consumer Protection Act, 1986 and 2019 — Revisionary Jurisdiction — Limited Scope — National Commission's power to revise an order is limited to cases where the State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity. It cannot interfere with concurrent findings of fact. India Law Library Docid # 2419361
(297) PRASAD CO-OP/ CREDIT SOCIETY LTD. Vs. MANIK MARUTI ADSULE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-09-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary jurisdiction of National Commission — Scope — Limited to patent illegality, material irregularity, or jurisdictional error — Cannot substitute its own view for concurrent findings of District and State Forums on appreciation of evidence. India Law Library Docid # 2419364
(298) DENA BANK (NOW BANK OF BARODA) Vs. RANI MISHRA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-09-2024 Consumer Protection Act, 1986 — Section 21(b) — First Appeal — Jurisdiction of Consumer Forum — Deficiency in service — Fraud and forgery — Allegations of fraud and forgery require leading of evidence, examination and cross-examination — Such complicated questions of fact cannot be decided in summary proceedings before Consumer Forum — State Commission erred in adjudicating the matter without proper evidence — Appeal allowed and order of State Commission set aside. India Law Library Docid # 2419358
(299) NATIONAL INSURANCE CO. LTD Vs. STAR COLD STORAGE AND ICE FACTORY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-09-2024 Consumer Protection Act, 1986 — Section 19 — First Appeal — Delay in filing appeal — Condonation of delay — Delay of 22 days condoned in view of Suo Motu Writ Petition of Supreme Court regarding extension of limitation periods. India Law Library Docid # 2419359
(300) M/S. T.C. ENTERPRISE AND ANOTHER Vs. HARIDAS CHAKRABORTY (SINDE DECEASED) HIS LEGAL HEIRS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024 Consumer Protection Act, 2019 — Section 51 — Appeals — Grounds for appeal — State Commission imposing compensation and costs without assigning reasons — State Commission finding delivery of possession made without basis, when completion/possession certificate obtained — State Commission erring in not holding that purchasers were not consumers after delivery of possession and registration of conveyance deed, thus dispute should be adjudicated by civil court — Appeal dismissed as lacking merit. India Law Library Docid # 2419436