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(301) UNION BANK OF INDIA Vs. SUSHIL KUMAR SHUKLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024
Consumer Protection Act, 1986 — Section 2(d)(ii), 2(o) — Consumer and Service — Hiring of bank lockers is a service — Bank is a service provider — Customer is a consumer — Agreement terms like 'lessor' and 'lessee' do not negate the applicability of consumer protection law when the bank offers a service for charges.
India Law Library Docid # 2419437

(302) ORIENTAL INSURANCE CO. LTD. Vs. CALTAN INSTRUMENTS LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Appeal against State Commission order dismissing Insurance company's appeal against District Forum's order — Issue whether insured was obligated to declare all consignments under an Open Marine Cargo Policy.
India Law Library Docid # 2419438

(303) BRIJENDER SINGH Vs. ORIENTAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024
Consumer Protection Act, 1986 — Section 24A — Limitation — Delay Condonation — Court condoned a delay of 28 days in filing a revision petition, finding sufficient cause shown by the petitioner.
India Law Library Docid # 2419439

(304) RANBIR SINGH AND OTHERS Vs. DR. NARESH MITTAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024
Consumer Protection Act, 1986 — Revision Petitions — Medical Negligence — Deficiency in Service — Multiple revision petitions filed against similar orders of the State Commission involving medical negligence and deficiency in service were clubbed for adjudication.
India Law Library Docid # 2419440

(305) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. N. HALAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2024
Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — Limited Scope — National Commission's power to revise is limited to cases where State Commission has exceeded its jurisdiction, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact based on appreciation of evidence.
India Law Library Docid # 2419441

(306) KAVITA CHOWDHARY Vs. CANARA BANK[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-09-2024
Consumer Protection Act, 1986 — Section 21(a)(i) — Consumer Complaint — Deficiency in Service — Compensation — Cheque Deposit and Return — Bank's failure to present cheques within validity period leading to them becoming stale and causing loss to the complainant.
India Law Library Docid # 2419426

(307) VARUN AHUJA AND OTHERS Vs. M3M INDIA PRIVATE LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 2019, Section 2(7) — Consumer — Definition of "commercial purpose" — The definition of "commercial purpose" under the 2019 Act does not include the use of goods or services solely by a person for earning their livelihood through self-employment. However, this exclusion does not apply to services.
India Law Library Docid # 2419425

(308) M/S. RAJYOG PLASTICS PVT. LTD. Vs. MAHARASHTRA STATE ELECTRICITY BOARD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Highlighting that the factual contentions asserted by both parties and their veracity could not be assessed in a summary manner by the revisional court, and therefore, it was not a fit case for interference in its limited revisional jurisdiction.
India Law Library Docid # 2419427

(309) M/S. ESSAR ENTERPRISES Vs. A.R. VARADRAJAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of revisional jurisdiction is limited — Can only be exercised for material irregularity or jurisdictional error — Cannot interfere with concurrent findings of fact based on appreciation of evidence.
India Law Library Docid # 2419428

(310) M/S. CARE WELL HOSPITAL Vs. ANIL ARORA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Interference with concurrent findings of lower fora — National Commission's revisional powers are limited to cases of patent illegality, material irregularity, or jurisdictional error, not re-appreciation of evidence.
India Law Library Docid # 2419429

(311) SUBHASH CHANDRA SHARMA AND ANOTHER Vs. LIFE INSURANCE CORPORATION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 1986 — Sections 17, 21(b) — Revisionary Jurisdiction — Scope — National Commission's power in revision is limited to cases where there is a prima facie jurisdictional error or where the lower forum acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact based on appreciation of evidence by District Forum and State Commission.
India Law Library Docid # 2419430

(312) PRADEEP KUMAR YADAV Vs. ICICI, LOMBARD GERNERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Insurance Claim — repudiation of vehicle theft claim due to delay in reporting — Supreme Court judgments establish that minor delay in intimating insurer or lodging FIR is not a ground to deny a genuine claim after vehicle theft.
India Law Library Docid # 2419431

(313) RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANOTHER Vs. NORAT SINGH RATHORE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — National Commission's power under Section 21(b) is limited to cases where State Commission exceeded jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — Interference with concurrent findings of fact of lower forums is not permissible except in cases of illegality or material irregularity.
India Law Library Docid # 2419432

(314) LIFE INSURANCE CORPORATION OF INDIA Vs. SMT SUNITA DEVI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 2019 — Section 58(1)(b) — Revisional Jurisdiction — Limited scope — National Commission's power to interfere is restricted to cases where State Commission has exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted with illegality or material irregularity — Concurrent findings of fact by lower forums are generally not subject to re-examination in revision.
India Law Library Docid # 2419433

(315) YOGENDRA PRASAD SINGH (DEAD) AND OTHERS Vs. ESTATE OFFICER, CHHATTISGARH HOUSING BOARD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — Limited Scope — National Commission can only interfere if State Commission acted without or in excess of jurisdiction, illegally, or with material irregularity — Cannot disturb concurrent findings of fact based on evidence appreciation.
India Law Library Docid # 2419434

(316) PREM SINGH Vs. MAX NEW YORK LIFE INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Consumer Protection Act, 1986, Section 19 — Appeal against order of State Commission — Dismissal of complaint — upheld.
India Law Library Docid # 2419435

(317) HUSSAIN MOHAMMAD (DEAD) AND OTHERS Vs. FUTURE GENERALI INDIA INSURANCE COMPANY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-09-2024
Motor Vehicles Act, 1988 — Section 56 — Validity of Registration and Fitness Certificate — Requirement for transport vehicle to carry a certificate of fitness for valid registration — Insurance repudiation based on lack of physical possession of fitness certificate at time of accident — Evidence shows payment of fee and penalty for extension of fitness certificate on same day of accident, prior to accident — Transport officials’ inspection and fee deposit indicate compliance with requirements —
India Law Library Docid # 2426891

(318) MOHD. HYDER KHAN Vs. MERCEDES - BENZ INDIA PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-09-2024
Consumer Protection Act, 1986 — Section 12 — Appeal against State Commission order — Delay condoned in interest of justice.
India Law Library Docid # 2418198

(319) REGIONAL CLAIMS MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD. Vs. SAS MACHINE TOOLS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-09-2024
Consumer Protection Act, 1986 — Section 19 — Appeal — Limitation — Delay condoned by Supreme Court subject to payment of costs.
India Law Library Docid # 2418199

(320) M/S. E.R. MOTORS Vs. ORIENTAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-09-2024
Consumer Protection Act, 1986 — Section 19 — Appeals against State Commission order — Cross appeals filed by complainant for enhancement of compensation and by insurance company for setting aside order — State Commission had allowed complaint directing insurance company to pay additional sum with interest and compensation for mental harassment and costs.
India Law Library Docid # 2418200