(321) SAMBHUNATH MISHRA Vs. DR. DEBABRATA PANIGRAHI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2025 Consumer Protection Act, 1986 — Section 19 — Medical Negligence — Standard of Care — Bolam Test — A medical professional is not deemed negligent merely because a surgical procedure did not achieve the desired outcome or if there were complications inherently known to the procedure — Liability for medical negligence requires proof that the doctor’s conduct fell below the standard of a reasonably competent practitioner in their field — This involves establishing a duty of care, a breach of that du India Law Library Docid # 2427248
(322) M/S. AINAJ INDUSTRIES Vs. NATIONAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-04-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Insurance Law — Fire Insurance Policy — Short Settlement of Claim — Cottonseeds Coverage — Discharge Voucher — Maintainability of Complaint — The National Consumer Disputes Redressal Commission (NCDRC) finds that the State Commission erred in dismissing the complaint solely based on the signing of a discharge voucher, especially when the complainant consistently disputed the short-settlement. The NCDRC emphasizes that a India Law Library Docid # 2427245
(323) THE MANAGING DIRECTOR, UNION BANK OF INDIA Vs. SUNKAVALLI PAVAN KUMAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-04-2025 Consumer Protection Act, 2019 — Section 58(1)(b) — Banking Service — Deficiency in Service — Lost Cheque — Bank’s liability for misplacement of cheque — While misplacement of a cheque by the bank during collection is a deficiency in service, awarding the full cheque amount as compensation is not warranted if the complainant failed to attempt to obtain a duplicate cheque under Section 45A of the Negotiable Instruments Act, or to mitigate losses. India Law Library Docid # 2427246
(324) DEPUTY SUPERINTENDENT OF POLICE EMIGRATION DEPARTMENT Vs. ADEEP NABEEL AHAMMED @ ASSHER AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-04-2025 Consumer Protection Act, 1986 — Section 21 — Revision Powers of National Commission — Findings of fact not to be interfered with unless perverse or based on misreading of evidence — Complainant failed to produce a valid visa for travel to Jeddah, despite multiple opportunities, and appeared via video conference instead of in person as directed — Evidence clearly indicates no valid visa was held — District India Law Library Docid # 2442564
(325) Ms. A. SHILPA Vs. M/s SHRIRAM LIFE INSURANCE CO. LTD.,[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2025 Insurance Law – Life Insurance – Repudiation of Claim – Non-disclosure of Material Facts – Alcoholism – Multiple Policies – Burden of Proof – Section 45, Insurance Act, 1938 – The repudiation of life insurance claims by the insurer on the grounds of non-disclosure of the deceased life assured’s (DLA) alleged chronic alcoholism and holding of multiple insurance policies was held unjustified — The insurer failed to discharge the burden of proof under Section 45 of the Insurance Act, 1938, which re India Law Library Docid # 2424487
(326) BIRENDER KUMAR SINGH Vs. TATA MEMORIAL CENTRE AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2025 Consumer Protection Act, 1986 – Section 21 – Medical Negligence – Misdiagnosis – Cancer (Adenocarcinoma vs. SPEN) – Standard of Care – Burden of Proof – Allegations of medical negligence against hospitals (OP1 & OP2) for misdiagnosing pancreatic cancer (Adenocarcinoma) instead of Solid Cystic Papillary Epithelial Neoplasm (SPEN), leading to chemotherapy and pancreatectomy, were examined — The complainant argued OP2 misdiagnosed based on FNAC and OP1 wrongly relied on OP2’s report without indepen India Law Library Docid # 2424488
(327) ASST. EXECUTIVE ENGINEER, KSEB Vs. P. AKBAR ALI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-04-2025 Consumer Protection Act, 1986 – Deficiency in Service – Electricity Dues – Minimum Guarantee Charges – Dispossession of Unit – Liability of Consumer – A demand raised by the Electricity Board (KSEB) for minimum guarantee charges against a consumer for the period after the consumer was dispossessed of their industrial unit by a State Financial Corporation (KSFC) is unjustified and constitutes deficiency in service — When the consumer is no longer in possession or control of the unit, and the elec India Law Library Docid # 2424489
(328) STATE BANK OF INDIA Vs. SHRI KAUSHIK CHATTERJI AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-04-2025 Consumer Protection Act, 1986 – Deficiency in Service – Banking – Unauthorized ATM Withdrawals – Liability of Bank – Confidentiality of PIN – CCTV Footage – A bank (SBI) was found deficient in service for unauthorized ATM withdrawals totaling Rs. 6,18,848/- from a customer’s account over two months — The withdrawals occurred at various ATMs, including other banks’, often during odd hours, and on some occasions, prima facie exceeded the bank’s stated daily limit of Rs. 40,000/- — The bank’s defen India Law Library Docid # 2424490
(329) CHIF COMMERCIAL MANAGER (PS & CATG) SOUTHERN EASTERN RAILWAY AND OTHERS Vs. NILANJANA SINHA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-03-2025 Consumer Protection Act, 1986 – Deficiency in Service – Railways – Denial of Concession to Differently-Abled Person – Disability Certificate – The denial of a 50% rail fare concession by one Railway reservation office (Howrah) to a differently-abled person (Mongolian baby, 75% disability) and her escort, citing non-mentioning of the specific nature of handicap and overwriting on the Disability Certificate, constitutes deficiency in service, especially when another reservation office (Azimganj) u India Law Library Docid # 2424491
(330) BANK OF INDIA Vs. SHIV SHANKER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-03-2025 Government Schemes – Agricultural Debt Waiver and Relief Scheme, 2008 – Eligibility – Small Farmer Category – Determination of Land Holding – Relevant Date – Burden of Proof – Under the Agricultural Debt Waiver and Relief Scheme, 2008, eligibility for benefits, particularly under the ‘Small Farmer’ category (owning/cultivating 1-2 hectares), is determined based on the land holding as disclosed to the lender bank on the date the loan was sanctioned — While revenue records presented at the time of India Law Library Docid # 2424492
(331) ICICI LOMBARD GENERAL INSURANCE CO. LTD. (IN PLACE OF BHARTI AXA GENERAL INSURANCE COMPANY LTD.) Vs. M/S. FIVE STAR VANIJYA PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-03-2025 Insurance Law – Motor Insurance – Repudiation of Claim – Breach of Policy Conditions – Use for ‘Hire or Reward’ – Overloading – Burden of Proof – Repudiation of an own damage claim under a Private Car Package Policy on the grounds that the vehicle was used for ‘hire or reward’ and was carrying passengers beyond its seating capacity requires the insurer to discharge the burden of proving such breaches with cogent evidence — Relying solely on newspaper reports (hearsay evidence) or an investigatio India Law Library Docid # 2424493
(332) CHANDRASHEELA GAJBHIYE AND OTHERS Vs. JILA SAHKARI KENDRIYA MARYADIT BANK[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2025 Insurance Law – Personal Accident Insurance – Group Policy – Exclusion Clause – Driving Without Valid Licence – Repudiation of Claim – Deficiency in Service – Repudiation of a claim under a Group Personal Accident Insurance Policy by the insurer is justified and does not constitute deficiency in service, where the insured person died in a road accident while riding a motorcycle without possessing a valid and effective driving licence at the time of the accident — Such an act constitutes a breach India Law Library Docid # 2424494
(333) RATANMANI KESHARWANI Vs. DR. RAJSHEKHAR KRISHNA, ORTHOPAEDIC SURGEON[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2025 Consumer Protection Act, 1986 – Medical Negligence – Hysterectomy (Laparoscopic) – Post-Operative Complications – Acute Pancreatitis – ARDS – Multi-Organ Failure – Causation – Burden of Proof – Expert Opinion – A complaint alleging medical negligence against a surgeon and hospital following the death of a patient who underwent laparoscopic hysterectomy was examined — The patient was discharged post-surgery but readmitted days later with abdominal distension, diagnosed as acute pancreatitis, refe India Law Library Docid # 2424495
(334) VIKAS KUMAR Vs. ZONAL MANAGER, BANK OF INDIA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2025 Consumer Protection Act, 1986 – Section 2(1)(g) – Banking Service – Deficiency – Unauthorized Withdrawal – Forged Signature – Duplicate Passbook – CCTV Footage – A bank (Bank of India) committed deficiency in service by: (a) issuing a duplicate passbook for the complainant’s Savings Bank account without his request; (b) subsequently honouring a withdrawal slip bearing a forged signature, leading to the unauthorized withdrawal of a large sum (Rs. 5,32,000/-) from the complainant’s account using t India Law Library Docid # 2424496
(335) M/S. VISHWAKARMA ENGINEERING WORKS REPRESENTED BY ITS MANAGING DIRECTOR, MR, RAJESH SHARMA Vs. MR. H. RAVIGOWDA THE PROPRIETOR OF NRG INDUSTRIES[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2025 Consumer Protection Act, 2019 — Section 2(11), 2(7) — Deficiency in Service — Supply of Machinery — Substandard Quality — Failure to Install/Demonstrate — Expert Report — Concurrent findings by the District Forum and State Commission establishing deficiency in service on the part of a machinery supplier (Petitioner/OP) were based on evidence indicating failure to supply ‘Dall Mill Machinery’ of promised quality and capacity, delivery of substandard materials, failure to install and demonstrate t India Law Library Docid # 2424497
(336) MRS. TARLA H. MALANI Vs. M/S THE UNITED INDIA INSURANCE COMPANY LIMITED REPRESENTED BY ITS BRANCH MANAGER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2025 Insurance Law — Personal Accident Policy — “Accident” — Meaning — Fall in Bathroom — Pre-existing Illness — Burden of Proof — Causal Link — A claim under a Personal Accident Policy requires the injury or death to result “solely and directly from accident caused by external violent and visible means” — A fall in a bathroom, resulting in head injury and subsequent death due to intra-cerebral bleed, may not qualify as an “accident” under the policy if the fall itself was likely caused by the insure India Law Library Docid # 2424498
(337) M/S. PREMIER CAR SALES LIMITED Vs. UNITED INDIA INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2025 Insurance Law — Standard Fire and Special Perils Policy — Exclusions — Loss due to Action by Lawfully Constituted Authority — Lucknow Development Authority (LDA) — Demolition Drive — Deficiency in Service — A claim under a 'Standard Fire and Special Perils Policy' for damage caused to the insured's property (boundary wall, roof, and parked scooters/motorcycles) was repudiated by the insurer — The damage occurred accidentally when the Lucknow Development Authority (LDA), a lawfully constituted au India Law Library Docid # 2424499
(338) HYBRID COTTON SEEDS, FORTUNE HYBRID SEEDS LTD. Vs. BHUKYA BHADRU AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2025 Consumer Protection Act, 1986 — Section 2(1)(g), 13(1)(c) — Defective Goods — Seeds — Burden of Proof — Requirement of Laboratory Test — Expert Opinion — Genetic Purity — To establish that seeds supplied are defective or lack genetic purity, leading to poor germination or yield, the Consumer Protection Act, 1986, under Section 13(1)(c), envisages obtaining a report from an appropriate laboratory after testing a sample of the goods — Where such a laboratory test is not conducted (due to reasons l India Law Library Docid # 2424500
(339) LIBERTY OIL MILLS LIMITED Vs. THE ORIENTAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2025 Insurance Law — Standard Fire and Special Perils Policy — Repudiation of Claim — Breach of Policy Conditions — Non-disclosure, Misrepresentation, Fraudulent Claims (General Conditions 1, 6(i)(b), 8) — Burden of Proof — Surveyor's Report — In a claim arising from a fire incident at an insured plant, the insurer repudiated the claim citing breaches of General Conditions 1 (Misrepresentation/Non-disclosure), 6(i)(b) (Failure to provide documents/proof), and 8 (Fraudulent claim/means) based on the f India Law Library Docid # 2424502
(340) MARUTI SUZUKI INDIA LTD. (FORMERLY KNOWN AS MARUTI UDYOG LTD.) Vs. SHRI DANISH SONDHI AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2025 Consumer Protection Act, 2019 — Section 2(11), 2(7) — Manufacturing Defect — Vehicle Airbags — Failure to Deploy in Accident — Deficiency in Service — Res Ipsa Loquitur — Expert Evidence — In a case involving a frontal collision with a stray animal resulting in significant damage to the front portion of a car and injuries to the driver, the failure of the front airbags to deploy constitutes a manufacturing defect and deficiency in service on the part of the manufacturer (Petitioner/OP-1) — Relyi India Law Library Docid # 2424503