(281) HRIDAYLAL SAHU AND OTHERS Vs. DR. ROSHAN UPADHYAY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Law — Medical Negligence — The complainant, suffering from breast pain, sought treatment from OP-1, who performed a tumor operation without a prior biopsy — The biopsy confirmed cancer, and despite further treatment, the patient suffered physically and financially — The main issue was whether OP-1's treatment constituted medical negligence and if so, what compensation is due — The Appellants argued that OP-1 performed surgery without proper diagnosis and consent, was not qualified, and India Law Library Docid # 2415642
(282) ORIENTAL INSURANCE CO. LTD AND OTHER Vs. M/S PATHAK WATCHES AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — The appeal involves a delay of 198 days in filing by the appellant against an order dated 01/03/2023 by the State Commission Uttar Pradesh —The main issue is whether the delay in filing the appeal can be condoned — The appellant argued that the delay was neither deliberate nor intentional but due to circumstances beyond their control, and they have a good case on merits —The respondent supported the State Commission's order and argued aga India Law Library Docid # 2415643
(283) FAUJA SINGH AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Law — Stolen of Vehicle —The case involves a tractor insured by National Insurance Company Ltd., which was stolen — The insurance claim was repudiated due to alleged negligence by the driver, leading to a series of legal disputes — The central issue is whether the Complainant adhered to Condition No. 5 of the insurance policy, which mandates safeguarding the vehicle from loss or damage — The Petitioner argued for the claim to be settled on a non-standard basis despite the breach of Cond India Law Library Docid # 2415670
(284) S.P. SINGH YADAV Vs. NATIONAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Law — Fire Accident — Petitioner took a loan from Bank for his poultry farm, which was insured — A fire incident led to a claim against the insurance company, which was partially settled, leading to various legal appeals — The main issue is the quantum of compensation for the fire loss claimed by the petitioner, with the petitioner and the insurance company presenting differing damage assessments India Law Library Docid # 2415671
(285) EASTERN RAILWAY AND ANOTHER Vs. NAUSHAD KHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Law — Railway — Lost of Valuable on a train Journey — A passenger lost valuable items in a bag on a train and filed a complaint against the railway authorities for negligence — The District Forum initially ruled in favor of the passenger, but the State Commission partially modified the decision on appeal — The main issues were the jurisdiction of the complaint, proof of the lost items, and whether the theft was a deficiency in service by the railways India Law Library Docid # 2415672
(286) M/S. EMTEX MACHINERY PVT. LTD. Vs. M/S. M.I.C ENGINEERS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Law — Defective radial drill machine — A complainant purchased a radial drill machine from a petitioner, which allegedly malfunctioned from the start — Despite repair attempts, the machine remained defective, leading to a consumer complaint for refund and compensation — The main issues were the alleged manufacturing defect, service deficiency, and the complainant's status as a consumer under the Consumer Protection Act — The petitioner argued that the complainant was not a consumer and India Law Library Docid # 2415673
(287) PARAS HOSPITAL Vs. RISHI KUMAR JAIN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Law — Medical Negligence — Pacemaker implantation — The case involves a complaint against a hospital and others for alleged medical negligence leading to a patient's death after a CRT-D pacemaker implantation — The main issue is whether the implantation was medically negligent and if it contributed to the patient's deterioration and death — The hospital argues that the treatment was necessary and consent was obtained, while the complainant claims the pacemaker was unnecessary, possibly India Law Library Docid # 2415674
(288) GHAZIABAD DEVELOPMENT AUTHORITY Vs. VIJAY GAUTAM[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-06-2024 Consumer Law — Housing — Allotment of Plot — The Ghaziabad Development Authority (GDA) is facing a dispute over the allotment of a plot, where the complainant was not informed of the lump sum payment amount and the allotment was cancelled without a show-cause notice — The GDA argues that the complainant defaulted on payment and did not pay the transfer fee, and that the cancellation was justified based on the terms of the allotment — The complainant, however, argues that he was ready to make a l India Law Library Docid # 2415644
(289) MR. HARIKISHAN S. VIRMANI AND OTHERS Vs. M/S. VAIDEHI AKASH HOUSING PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-06-2024 Consumer Law — Housing — Four complainants are suing opposite parties for deficiency in service, claiming mental agony and legal expenses — The main issues include delays in construction, dishonored refund cheques, and disputes between the developer and cooperative housing society — The complainants argue they have been deprived of their title over flats despite payments and valid allotment letters — The NCDRC rejected the complaint, stating it was barred by time and not maintainable due to the India Law Library Docid # 2415645
(290) BHARAT S. SHAH AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-06-2024 Consumer Law — Injury — Compensation — The petitioner, who moved to the USA after suffering a disabling injury, filed a claim with the Indian Insurance Company for compensation under the Workmen Compensation Act of Pennsylvania, USA — The insurance company disputed the extent of the petitioner's disability and the insurance claim amount — The petitioner argued that the State Commission failed to exercise its jurisdiction properly and that the foreign judgment, which confirmed 100% disability, sh India Law Library Docid # 2415646
(291) DR. NILESH Vs. RACHNA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-06-2024 Consumer Law — Medical Negligence — The case involves medical negligence where a sponge was left in the complainant's abdomen after a Caesarean and Umbilical Hernia Repair operation, leading to severe complications and the inability to conceive —The primary issue is determining the responsibility for the medical negligence and the appropriate compensation for the complainant and her father — Dr. ‘N’ argues he was only responsible for the Umbilical Hernia Repair and received no payment from the c India Law Library Docid # 2415647
(292) SHYAM KUMAR Vs. BHARTI AIRTEL LTD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-06-2024 Consumer Protection Act, 1986 — Section 11(2) — Territorial jurisdiction — The petitioner, an Indian Army personnel, filed a complaint against a telecom company for fraudulent withdrawals from his bank account after an unknown person obtained a duplicate SIM card of his mobile number — The issue revolved around territorial jurisdiction and whether the telecom company's issuance of a duplicate SIM card without consent constitutes a deficiency in service India Law Library Docid # 2415648
(293) ADITYA BIRLA SUN LIFE INSURANCE CO. LTD. Vs. MS. ANITA DAHIYA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-06-2024 Consumer Law — Retirement Policy — Removal of nominee and payment for matured amount — The complainant, who had a Flexi Secure Life Retirement Plan with Petitioner Insurance company, requested the removal of her nominee and payment of the matured amount of Rs. 2,54,000 — The insurance company failed to transfer the matured amount, leading to a complaint — The main issue was whether the insurance company's failure to transfer the matured amount constitutes a deficiency in service and if the compl India Law Library Docid # 2415649
(294) MARUTI SUZUKI INDIA LIMITED AND OTHERS Vs. HENRY D'SOUZA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-06-2024 Consumer Law — Motor Vehicle — Manufacturing Defects/Service Deficiency — The case revolves around a vehicle with alleged defects, a manufacturing defect, and service deficiency — The complainant purchased the vehicle and experienced engine issues, leading to a complaint against the manufacturer (OP-1) and dealers (OP-2 & OP-3) — The main issues are the alleged defects, the deficiency of service by the dealers, and the manufacturer's liability India Law Library Docid # 2415650
(295) TATA MOTORS LTD. AND ANOTHER Vs. RAMKUMAR VERMA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-05-2024 Consumer Law — Motor Vehicle — Manufacturing Defects — The complainant purchased a Tata Venture vehicle which exhibited multiple defects shortly after purchase — Despite repeated repairs, the issues persisted — The main issue was whether the vehicle had manufacturing defects that warranted a replacement or refund — Petitioner argued that the vehicle underwent stringent quality checks and that the complainant failed to prove manufacturing defects as required by law India Law Library Docid # 2415651
(296) AJAY KUMAR JAYASWAL AND OTHERS Vs. FUTURE GENERALI INDIA LIFE INSURANCE COMPANY LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-05-2024 Mis-selling — The revision petitions challenge orders dismissing appeals against decisions of the District Forum, which dismissed complaints about mis-selling by an insurance company — The main issue is whether the insurance company engaged in mis-selling and deficiency of service — The petitioner claims they were misled into depositing money under the guise of a loan offer, which was actually for Recurring Deposit schemes without their consent India Law Library Docid # 2415652
(297) RANDHIR SINGH Vs. M/S. MAHARAJAAUTO WHEELS (P) LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-05-2024 Consumer Law — Motor Vehicle — Manufacturing Defects — The petitioner purchased a Nissan Sunny XL car with issues such as wheel balancing and paint defects — After unsatisfactory responses from the dealer and manufacturer, he filed a complaint for refund and compensation — The main issue was whether the car's defects constituted "manufacturing defects" and if the complainant was entitled to a replacement or refund — The respondents argued that the defects were addressed and rectified, and there India Law Library Docid # 2415653
(298) PUNJAB NATIONAL BANK AND ANOTHER Vs. JAI KISHAN SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-05-2024 Consumer Law — Education Loan — Respondent studying in Australia, took an education loan from PNB — Issues arose with loan disbursement and repayment, leading to respondent's account being declared a Non-Performing Asset (NPA) prematurely —The main issues include PNB's premature NPA declaration, irregularities in loan disbursement, and the resulting financial and academic hardships faced by respondent — Respondent argued that PNB's actions were illegal, arbitrary, and against RBI guidelines, cau India Law Library Docid # 2415654
(299) THE MANAGING DIRECTOR, THE KARNATAKA STATE CO-OPERATIVE HOUSING FEDERATION LTD. Vs. MAJOR BHARGAVA R.D.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-05-2024 Consumer Law — Housing Law — The complainant applied for a residential plot from the Karnataka State Co-operative Housing Federation Ltd — After paying Rs. 9,00,000, he did not receive the plot or any communication from the Federation — The complainant sought a refund with interest, which was initially denied — The main issue was whether the Federation's failure to allot the plot or refund the amount with interest constituted a deficiency in service under the Consumer Protection Act, 2019 — The India Law Library Docid # 2415364
(300) SHRIRAM GENERAL INSURANCE CO. LTD. AND ANOTHER Vs. POLISETTY ANUPAMA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-05-2024 Consumer Law — Inurance Claim — The complainant owned a Tata LPT 2515 lorry insured by the petitioners. After an accident, the insurance claim was delayed, leading to legal action — The main issue was the dispute over the claim amount for vehicle repairs after the accident — The petitioners argued that the claim amount should be based on the surveyor's report, which assessed the net liability at Rs. 73,100/-, and not on the total repair bills — The respondent contended that the actual expenses i India Law Library Docid # 2415365