(341) UNITED INDIA INSURANCE COMPANY LTD. Vs. MANJULA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-04-2024 Consumer Law – Housing Loan – A Syndicate Bank employee, 'M', took a house construction loan and secured a 'Unihome Care Insurance Policy' from United India Insurance Company Ltd - The insurance claim was denied due to 'M''s death due to a heart attack - The insurance company argued that the policy only covers accidental deaths, not natural causes like heart attacks - The respondents argued that the policy was meant to secure the loan in case of the borrower's death, regardless of the cause, and India Law Library Docid # 2414696
(342) BISLERI INTERNATIONAL PRIVATE LIMITED Vs. MUKESH KHANDELWAL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-04-2024 Consumer Law – Deficiency of Service - Contaminated water - Respondent purchased four 5-liter bottles of Bisleri water, found filth in one, and filed a complaint after the retailer refused a replacement - The case revolves around allegations of unfair trade practices, service faults, and the risk to consumer health and safety due to contaminated water - Bisleri argued rigorous purification processes, lack of proof of contamination, and improper storage by the complainant - The complainant highli India Law Library Docid # 2414697
(343) KOTAK MAHINDRA OLD MUTUAL LIFE INSURANCE CO. LTD. Vs. OM PRAKASH DUBEY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-04-2024 Consumer Law – Written Statement – Delay in filing - The petitioner filed a written statement beyond the 45-day statutory period, arguing that it was filed within 40 days at the head office - The National Consumer Disputes Redressal Commission upheld the State Commission's order, which did not allow the petitioner to file evidence - The court agreed with the State Commission that if the written version is not taken on record, the party cannot be allowed to file evidence, as it indirectly amounts India Law Library Docid # 2414701
(344) M/S. MAHATMA GANDHI MISSION HOSPITAL AND OTHERS Vs. PARSHURAM LANDGE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-04-2024 Medical Negligence - Child's death after a snakebite – The main issues are whether there was medical negligence and deficiency in service by the OPs and if the complainant qualifies as a consumer under the Consumer Protection Act - The petitioners argue that there was no negligence, citing internal enquiry committee reports and the hospital's reputation - The National Commission agrees with the State Commission's findings, except for ventilator availability India Law Library Docid # 2414350
(345) RENAULT INDIA PVT. LTD. AND ANOTHER Vs. SHAILENDER KUMAR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Law – Deficiency in Services – Repair or Replacement under Warranty - A consumer dispute arose over a car purchased from Renault India Pvt. Ltd., where the complainant sought repair or replacement under warranty - The main issue was whether the car's problems were due to poor maintenance, as claimed by Renault - Renault argued that the complainant failed to adhere to the service schedule and used non-genuine parts, violating warranty terms - The complainant claimed the car was within th India Law Library Docid # 2414351
(346) ANAND LIFE SPACE DEVELOPMENT LLP AND OTHERS Vs. MOHIT BHALLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Law – Housing - The respondent booked a row house that was not completed within the promised time, despite paying 95% of the consideration - The appeal challenged the State Commission's order for a refund with compensation, questioning jurisdiction, consumer status, limitation, and other legal grounds - The appellants argued that the State Commission erred in its judgment, citing issues with jurisdiction, limitation, and the respondent's consumer status - The respondent maintained they India Law Library Docid # 2414355
(347) EAST INDIA TRANSPORT AGENCY Vs. DHARIWAL INDUSTRIES LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Law – Stolen of Goods in transit - The case revolves around a complaint filed against a Transport Agency for failing to deliver a consignment of Gutkha stolen during transit - The main issue is whether the Respondent qualifies as a 'Consumer' under the Consumer Protection Act, 1986, and if Bajaj Allianz, as a subrogee, has the standing to maintain a consumer complaint - The Appellant argues that the Respondent engaged the services for commercial purposes, excluding them from being a 'Co India Law Library Docid # 2414356
(348) ZINA VARUGIS Vs. M/S. UMIYA BUILDERS AND DEVELOPERS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Law – Housing – Delay in Possession - The appellant booked a flat with respondent company entered into a sale agreement on 01.04.2011, and paid most of the sale consideration - The appellant contested the delay in possession and additional demands made on 06.01.2014 due to incomplete works - The main issue was whether the complaint was barred by limitation, as it was filed after the prescribed period of 2 years - The appellant argued that the State Commission failed to consider the abse India Law Library Docid # 2414357
(349) DR. YASMEEN KHAN AND ANOTHER Vs. SABIHA HAMID MAJOR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Law – Medical - Caesarean Negligence - The case involves two cross appeals challenging an order from the State Commission in Uttar Pradesh regarding a medical negligence complaint - The patient suffered severe complications after a caesarean operation, and the main issues involved whether the appellants committed medical negligence, the application of the doctrine of res ipsa loquitur by the State Commission, and eligibility for higher compensation based on restitutio in integrum - The India Law Library Docid # 2414358
(350) SUBHAM BUILDERS AND DEVELOPERS Vs. RUCHI SONI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Law - Condonation of Delay - The Revision Petition challenges the order of the Chhattisgarh State Consumer Disputes Redressal Commission, which dismissed an application for condonation of a 132-day delay in filing an appeal - The main issue is whether the delay in filing the appeal was justified and whether it should be condoned - The petitioner argued that the delay was neither intentional nor malafide but was due to bonafide reasons, and the appeal should be decided on merits - The re India Law Library Docid # 2414359
(351) UNITED INDIA INSURANCE CO. LTD. Vs. GIRI RAJ PRASAD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Law – Theft of Vehicle - Delay in FIR - The case revolves around an insurance claim for a stolen tractor insured by United India Insurance Co. Ltd. The claim was initially rejected due to delayed intimation to the insurance company and police - The insurance company argued that the delay in reporting the theft justified the claim's repudiation - The tractor owner argued that the delay in FIR registration was not their fault and that the insurance company was informed within a reasonable India Law Library Docid # 2414360
(352) SHARDA VINOD BHATIA Vs. TATA MOTORS LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Law – Defective Car - The petitioner experienced multiple issues with her Tata Indigo car, leading to a complaint for deficient service and a defective car - The main issue is whether the car had manufacturing defects and if the petitioner is entitled to a refund or replacement - The petitioner argued that despite repairs, the car's defects persisted and an offer to repurchase the car was declined due to loan obligations - The respondents contended that all defects were addressed, no ma India Law Library Docid # 2414361
(353) LIFE INSURANCE CORPORATION OF INDIA AND OTHERS Vs. IMRAN KHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer - Mediclaim - Suppression of a pre-existing - The complainant filed a complaint against Life Insurance Corporation of India (LIC) for denying a claim on his late father's insurance policy due to the alleged suppression of a pre-existing condition, tuberculosis (TB) - LIC argued that the claim was denied due to the insured's failure to disclose his TB treatment at the time of policy inception, a fundamental breach of policy terms - The respondent argued that there was no fraudulent suppr India Law Library Docid # 2414362
(354) BANK OF BARODA, BRANCH NARAHI AND OTHER Vs. OMANTH CHATTERJEE S/O LATE V.C. CHATERJEE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-04-2024 Consumer Law – Banking - Hacking of Account - The case involves an alleged hacking of the complainant's bank account, leading to fraudulent transactions - The State Commission relied on an RBI circular to allow the complaint, suggesting possible connivance between bank employees and an imposter - The main issue is whether the State Commission's order, which lacks detailed reasoning and analysis of facts, can be sustained - The Bank of Baroda contends that the State Commission's order is based so India Law Library Docid # 2414353
(355) P. TULASIDAS Vs. SOUTHERN POWER DISTRIBUTION COMPANY LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-04-2024 Consumer Law – Electricity Meter - Applicant filed a complaint for restoration of electricity and compensation, which was partly allowed by the District Forum - The main issue revolves around the disconnection of the electricity meter and the subsequent legal disputes involving various parties, including family members and several dignitaries - Applicant sought restoration of electricity and compensation for the disconnection - He also attempted to implead numerous respondents, alleging corrupti India Law Library Docid # 2414354
(356) BANK OF BARODA Vs. R. VENKATESWARA RAO[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-04-2024 Consumer Law – Banking - The case involves a dispute over a debit transaction of Rs.75,000 from Respondent's account without his authorization - Respondent is and employee of the Bank - The Bank conducted an investigation and disciplinary proceedings against an employee, leading to a recovery of Rs.75,000 as a penalty - The main issue was whether the deduction fell under the Consumer Protection Act and if the bank's action was justified - The Bank argued that the employee was not a consumer unde India Law Library Docid # 2414352
(357) OM PRAKASH UPADHYAYA AND OTHERS Vs. LIFE INSURANCE CORPORATION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-04-2024 Consumer Law – Mediclaim – Dismissal of Insurance Claim - The appellant is contesting the dismissal of his insurance claim by the Life Insurance Corporation of India (LIC) after his son's death - The main issue is whether the deceased concealed pre-existing medical conditions when applying for the insurance policies, leading to the claim's repudiation - The appellant argues that premiums were paid on time and no pre-existing diseases were concealed - LIC contends that the deceased had a history India Law Library Docid # 2414367
(358) UCO BANK Vs. BALWANT SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-04-2024 Consumer Law – Banking - Loan Dispute - The case revolves around a loan of Rs.35,70,000 taken by the Respondent from UCO Bank for a Poly House vegetable cultivation project - The dispute revolves around repayment terms, interest rates, and additional charges - The main issues are whether the bank applied the correct interest rates and processing fees, adhered to RBI guidelines, and treated the complainant differently from other borrowers - UCO Bank argues that there was no deficiency in service India Law Library Docid # 2414368
(359) UNION BANK OF INDIA (ERSTWHILE ''ANDHRA BANK'') Vs. SRI KASI VISWANATHA FERTILISERS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-04-2024 Consumer Law - Insurance coverage for damaged fertilizer stocks - The case involves a dispute between Complainant and Bank (OP-1) & United India Insurance Co. Ltd. (OP-2) regarding insurance coverage for damaged fertilizer stocks - The main issues are whether there was a deficiency in service by OP-1 and whether the orders of the lower forums should be set aside - OP-1 contends that the forum lacks jurisdiction over commercial matters, the Complainant failed to inform the bank of the stock's l India Law Library Docid # 2414369
(360) DIEBOLD NIXDORF INDIA PRIVATE LIMITED Vs. ICICI LOMBARD GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-04-2024 Consumer Law – Flood - Locations were not covered in the policy - Complainant filed a complaint against Respondent for an insurance claim of Rs. 73,846,948 with 18% interest per annum, litigation costs, and other relief deemed fit, due to losses from floods in Chennai - The main issue was whether the flood-affected locations were covered under the insurance policy, as there was a discrepancy in the list of insured locations - The complainant argued that the broker inadvertently included terminat India Law Library Docid # 2414364