(301) UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED AND OTHERS Vs. M/S. UJALA PLASTIC & CASE COMPANY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2024 Consumer Law — Loss due to fire— Surveyor’s Report — The case revolves around respondent’s insurance claim for fire losses — The State Commission allowed the complaint, leading to appeals — The main issue is the assessment of the insurance claim and whether the Surveyor's report accurately reflects the Complainant's losses — The insurance company challenges the State Commission's order, questioning the veracity of the Complainant's stock purchases and loss claims — The Complainant seeks enhancem India Law Library Docid # 2415664
(302) SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. MAHESH CHAND SHARMA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2024 Consumer Law — Stolen of Vehicle — The complainant's truck was stolen, but the FIR registration and notification process was delayed, leading to legal proceedings — The insurer argued that the delay justified claim denial, citing precedents — The complainant argued that verified claims should not be rejected solely due to delay, citing Supreme Court decisions — The State Commission upheld the appeal and ordered the insurer to pay the adjusted claim amount with interest and litigation expenses — India Law Library Docid # 2415665
(303) MRS. PREM LATA SANGHI AND OTHERS Vs. DEUTSCHE LUFTHANSA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2024 Montreal Convention — Applicability of — The family of Senior Advocate G.L. Sanghi filed a complaint for compensation following his death on a Lufthansa flight — They argued that Lufthansa was negligent in medical assistance and emergency response, leading to Sanghi's death and thus liable under the Montreal Convention — However, Lufthansa denied negligence, stating that immediate medical assistance was provided and Sanghi's death was due to his internal condition — The National Consumer Dispute India Law Library Docid # 2415666
(304) UNITED INDIA INSURANCE CO. LTD. Vs. SHREE SAI LAXMI POULTARY FEEDS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2024 Consumer Law — Fire Damage — Appellant appealed against an order directing them to pay an insurance claim and compensation to respondent for fire damage to their stock, which was hypothecated with Andhra Bank — The main issue was the genuineness of the insurance claim, particularly the authenticity of purchase invoices and the actual quantity of damaged stock — Petitioner claimed the invoices were fictitious and the actual loss was not proven, invoking policy clauses to repudiate the claim — Res India Law Library Docid # 2415667
(305) RATNA GANGULY AND ANOTHER Vs. RAMAKRISHNA MISSION SEVA PATHISHTHAN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-06-2024 Consumer Law — Medical Negligence — Complainant filed a complaint against Ramakrishna Mission Seva Pratishthan and three doctors for alleged medical negligence leading to the death of the Husband of the Complainant — The main issue is whether the complaint is maintainable and if there was medical negligence on the part of the treating doctors — The complainants argued that there was a delay in the Trop-T test and life-saving drugs were not administered in time, leading to death India Law Library Docid # 2415668
(306) TAIPEN TRADERS LTD. AND ANOTHER Vs. M/S. BHAWANI COLD STORAGE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Law — Motor Vehicle — VIP Registration Number — The case revolves around the issue of a Mercedes Benz car's registration certificate and the alleged non-provision of a VIP number — The complainant faced issues with the vehicle's registration and insurance, leading to legal action against the petitioner — The petitioner argued that the complainant already received the registration certificate and there is no evidence of payment for a VIP number — They also mentioned a prior settlement wi India Law Library Docid # 2415640
(307) GHANSI Vs. UNITED INDIA INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 2019 — 58(1)(b) — Revisional Jurisdiction —The petitioner insured five buffaloes, two of which died — The insurance company rejected the claim, leading to a consumer complaint —The main issue is whether the insurance company was right to reject the claim based on the surveyor's report and alleged manipulation of the insured animal's identity —The petitioner claims the insurance company wrongly rejected the claim for the insured buffalo's death India Law Library Docid # 2415641
(308) 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
(309) 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
(310) 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
(311) 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
(312) 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
(313) 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
(314) 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
(315) 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
(316) 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
(317) 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
(318) 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
(319) 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
(320) 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