(321) TELCO CONSTRUCTION EQUIPMENT CO. LTD. AND OTHERS Vs. STONE INTERNATIONAL PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-05-2024 Consumer Protection Act, 1986 - Sections 2(1)(d) and 19 - The case revolves around an ‘excavator’ issue where the respondent, Stone International Pvt. Ltd., was deemed a 'consumer' under the Consumer Protection Act, 1986, as it was purchased for commercial use - The petitioner, Telco Construction Equipment Co. Ltd., argued that the respondent was not a 'consumer' due to the excavator's commercial nature and no defects in service or manufacturing - The court allowed the appeal, setting aside the India Law Library Docid # 2414898
(322) DR. TRIPTI DAS AND ANOTHER Vs. DR. PHANI BHUSAN MANDAL ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-05-2024 Consumer Protection Act, 2019 - Section 50 - The State Consumer Disputes Redressal Commission does not have the power to review its own order under Section 50 of the Act, 2019, unless there is an error apparent on the face of the record. India Law Library Docid # 2414899
(323) BAJAJ ALLIANZ LIFE INSURANCE CO. LTD. AND ANOTHER Vs. CHANDERSHEKARAPPA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-05-2024 Insurance claim - Non-disclosure of pre-existing conditions - The main issue is whether the insurance claim was rightly repudiated based on the alleged suppression of pre-existing diseases by the deceased insured when taking the policy - The insurance company argued that the claim was correctly denied due to the non-disclosure of pre-existing conditions, which is a fundamental breach of the insurance policy terms - The National Consumer Disputes Redressal Commission set aside the orders of the l India Law Library Docid # 2414901
(324) PARULBEN SHAILESBHAI CHUNARA Vs. DR. VINAYKUMAR C. SINHMALTIDEV MATERNETY HOSPITAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-05-2024 Medical Negligence - The Complainant experienced complications during childbirth leading to excessive bleeding and the removal of her uterus - The main issue is whether there was medical negligence OP-doctor in the treatment provided to the Complainant during childbirth - The Petitioner argued that the OP doctor's actions led to a severed uterine vein, excessive bleeding, and delayed transfer to another hospital, constituting medical negligence - The Respondent contended that the treatment adher India Law Library Docid # 2414902
(325) SANJEEV GROVER Vs. M/S. STAR HEALTH & ALLIED INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-05-2024 Mediclaim – Repudiation of – Pre-existing disease - The main issue was whether the petitioner concealed or misrepresented his pre-existing condition at the time of obtaining the insurance policy - The petitioner argued that there was no wrongful concealment of material facts and that the insurance claim was unjustly repudiated - The respondent argued that the claim was correctly repudiated due to non-disclosure of the condition - The National Commission upheld the State Commission's decision, di India Law Library Docid # 2414903
(326) M/S. SHAH VADILAL JETHALAL Vs. NEW INDIAASSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-05-2024 Burglary and House Breaking Policy - Burglary - The appellant, a distributor for TISCO, filed a claim for a loss of Rs 89,29,703.65 against the respondent insurance company after a burglary occurred - The State Commission dismissed the appellant's complaint, arguing that the policy was in force and no exclusion clause was applicable - The appellant argued that adequate security measures were taken and the appeal was filed within the limitation period - The respondent argued that the appellant vi India Law Library Docid # 2414904
(327) LIFE INSURANCE CORPORATION OF INDIA Vs. SHUBHALAXMI SHANKAR SHETTY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-05-2024 Life insurance policy – Repudiation of claim, citing non - disclosure of previous health issues and insurance policies - The case revolved around the repudiation of a life insurance claim due to the non - disclosure of certain health conditions and previous policies by the deceased - The respondent, LIC, argued that the deceased's diabetes and previous operation were grounds for repudiation under the Insurance Act - The National Consumer Disputes Redressal Commission ruled in favor of the respon India Law Library Docid # 2414905
(328) ZONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. SUNIL KUMAR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-05-2024 Mediclaim Policy - The complainant filed a claim against LIC for a policy that covered her 100% disability after an accident - The claim was rejected due to a pre - existing condition - LIC argued that the complainant had a pre - existing condition not disclosed at the time of purchase - The complainant argued that she was entitled to the policy's sum assured and additional benefits due to the accident - The National Commission modified the lower fora's orders, directing LIC to pay the sum assur India Law Library Docid # 2414907
(329) UNITED INDIA INSURANCE COMPNAY LTD Vs. SUKH LAL SONI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-05-2024 Medical Policy – Renewal - The case revolves around a medical policy renewal dispute following the merger of Syndicate Bank with Canara Bank, leading to higher premiums and policy changes - United India Insurance Company argued that the merger ended the original corporate agreement, while the respondent argued the policy should continue on original terms - The National Consumer Disputes Redressal Commission dismissed the revision petition, finding no evidence of subsidized rates and determining India Law Library Docid # 2414908
(330) H. WADHWA Vs. BSES RAJDHANI POWER LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-05-2024 Consumer Law – Electricity Disconnection - The petitioner faced electricity disconnection and inflated bills due to her frequent absence from Delhi - Despite attempts to resolve the issue, the supply was not restored - The respondent alleged non - cooperation and failed to facilitate meter reading, leading to disconnection - The court dismissed the petition, but called for the respondent to waive additional charges and restore the electricity connection upon payment. India Law Library Docid # 2414909
(331) THE INDIAN INSTITUTE OF METALS THROUGH ITS SECRETARY GENERAL Vs. SARAT KUMAR K[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-05-2024 Condonation of Delay - The court had to decide whether to condone a 312 - day delay in an appeal filed by the petitioner, who claimed they were not informed about the impugned order by their counsel and discovered it in October 2023 - The court found the petitioner's arguments insufficient to justify the delay, noting that free copies of the orders were sent to the appellant and the delay was neither insignificant nor small - The application for condonation of delay was dismissed due to lack of India Law Library Docid # 2414906
(332) DR. SANDEP SINGH SANDHU Vs. AMARJIT KAUR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-05-2024 Consumer Law – Medical Negligence – The complainant experienced persistent pain after knee surgery, leading to a second surgery - The District Forum awarded compensation for medical negligence, but the petitioner challenged the decision, claiming no evidence of pus formation or negligence - The Commission allowed the revision petition and dismissed the complaint - The court found no evidence of negligence or improper surgery, citing Supreme Court precedents - The Commission concluded that unsati India Law Library Docid # 2414910
(333) BRANCH MANAGER, CENTRAL BANK OF INDIA AND ANOTHER AND OTHER Vs. RAJINDER AND COMPANY ENGINEER AND CONTRACTOR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-05-2024 Banking Services – Fixed Deposit (FDR) – Interest – The case revolves around the renewal and interest payment of a Fixed Deposit Receipt (FDR) - The bank argued that the District Forum wrongly allowed payment at the fixed deposit rate from 2003 onwards, and that interest should be paid according to the least rate applicable as per manual and RBI guidelines - The complainant argued that the FDR should have been auto - renewed annually at the prevailing interest rate for one - year deposits - The India Law Library Docid # 2414911
(334) LIFE INSURANCE CORPORATION OF INDIA & ANR. Vs. C.D SANJAY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Law - Accidental Death Policy - The deceased had a Jeevan Saral Policy with an accidental death benefit - Due to natural calamities, she missed a premium payment and subsequently drowned - The insurance company paid the assured sum but denied the accidental death benefit - The main issue was whether the complainants were entitled to the accidental death benefit when the policy was in a lapsed condition - The insurance company argued that since the premium was not paid on time and the po India Law Library Docid # 2414695
(335) CROSS TRADE LINKS Vs. ECGC LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Law – Limitation - Revision Petitions filed by Petitioners against Respondent challenging orders of State Commission Delhi, which dismissed appeals as barred by limitation - The main issue revolves around the limitation period for filing complaints and whether the delay can be condoned - Petitioner’s Arguments - Asserted that the complaint was within limitation as per Consumer Protection Act, 2019, and the cause of action arose when the claim was reviewed afresh - Respondent’s Argument India Law Library Docid # 2414698
(336) PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. AND ANOTHER Vs. ANANTHARAMEGOWDA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Law – Banking - The Complainant, a member of the OP's bank, was granted a loan in 1991 and sought the return of his documents, which the bank withheld due to outstanding interest - The primary issue was whether the Complainant was liable for additional interest despite claiming a waiver under the 'Damdubat' scheme - The bank argued that the Complainant had not fully repaid the loan and owed Rs. 45,450 as of 2006 - The Complainant argued that he had repaid the loan in full, citing a waiv India Law Library Docid # 2414699
(337) BABU RAM Vs. SARTAJ ALI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Law - Non-issuance of a ration card - Petitioner filed complaints regarding the non-issuance of a ration card through the Opposite Party (OP) - The main issue was the discrepancy in ration card issuance and whether the OP denied the complainant his entitlements under the Below Poverty Line (BPL) quota - The petitioner argued that the OP never refused to supply ration and questioned the complainant's eligibility for BPL benefits - The respondent contested the jurisdiction of the Distric India Law Library Docid # 2414700
(338) SUBHASH KUMAR Vs. BRANCH MANAGER, BAJAJ ALLIANZE LIFE INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Law –Insurance Policies - The petitioner filed a death claim for two insurance policies after his wife's demise but the claim was repudiated by the insurance company due to non-disclosure of medical treatments - The main issue was whether the insurance company was justified in repudiating the claim based on non-disclosure of material facts by the insured - The petitioner argued that the claim was wrongfully repudiated and that the insured had not concealed any material facts - The insur India Law Library Docid # 2414702
(339) MOHD. SIDDIQUE KHAN Vs. FOREST DIVISIONAL OFFFICER (GENERAL)OFFICE OF FOREST DIVISION[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Auction Purchaser – Whether auction purchasers are 'consumers' - Petitioner a timber merchant, purchased forest products through auction but did not receive all items despite full payment - He filed a complaint seeking compensation - The main issues were whether petitioner qualifies as a consumer, if the Forest Department committed service deficiency, and if petitioner is entitled to punitive damages - Petitioner argued that the Forest Department withheld goods post-auction and engaged in miscon India Law Library Docid # 2414703
(340) DR. UMA KANT GUPTA AND ANOTHER Vs. GIRIJA DEVI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Law – Medical Negligence – The case involves a medical negligence complaint filed due to the death of ‘S’ after a prostate operation performed by Petitioners - The main issue is whether the operation conducted by the petitioners, who are general surgeons, without specialized qualifications in urology, constituted negligence and deficiency in service - The petitioners argued that they were qualified to perform the surgery and that the complications arose due to the patient's pre-existing India Law Library Docid # 2414704