(361) MASTER NEIL MENDONSA (MINOR), THROUGH MRS. INDU MENDONSA AND OTHERS Vs. DR. EGBERT SALDANHA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-04-2024 Consumer Law – Medical Negligence - The complaint was filed by a complainant for medical negligence resulting in kernicterus and infant death - The complaint argued that the hospital discharged the newborn without adequate jaundice testing, leading to irreversible brain damage due to high bilirubin levels - The respondents claimed they followed standard medical protocols and the baby's condition was due to a rare complication of G6PD deficiency, not medical negligence - The National Consumer Dis India Law Library Docid # 2414365
(362) UNITED INDIA INSURANCE COMPANY LTD. Vs. JAWAHAR LAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-04-2024 Consumer Law – Vehicle Insurance - The case involves a dispute over an insurance claim for a vehicle that suffered total loss in an accident - The owner filed a complaint after the insurance company, United India Insurance Company Ltd., failed to settle the claim - The main issue is the validity of the driver's license at the time of the accident. The insurance company contends that the license was fake, and thus, they are entitled to repudiate the claim - The insurance company argues that the d India Law Library Docid # 2414366
(363) KULDEEP CHAND DATTA AND OTHERS Vs. UNITED INDIA INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-04-2024 Consumer Law – Medical Negligence - The case involves a medical negligence claim against Hospital, following the death of the complainant's wife due to acute myocardial infarction after surgery - The primary issue is whether there was medical negligence on the part of the treating doctor, which led to the patient's death - The petitioner, represented by legal heirs, argued that there was negligence in the pre-surgical workup and treatment, leading to the patient's death - The respondents denied India Law Library Docid # 2414363
(364) THE REGISTRAR/MANAGER, CHRISTANAND CHARITABLE TRUST HOSPITAL AND ANOTHER Vs. TULSHIRAM AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Law – Medical Negligence - The case involves a medical negligence claim against Petitioners, where a surgery led to the severance of the complainant's sciatic nerve, resulting in loss of mobility - The core issue is whether the actions of the medical professionals met the standard of care expected and whether these actions amounted to medical negligence - The petitioners argued that informed consent was obtained, the surgery was necessary to prevent cancer spread, and there was no negli India Law Library Docid # 2413998
(365) DARSHNIK MARKETING AND SERVICES PVT. LTD. Vs. ORIENTAL INSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Law - Burglary Floater Policy - The case involves a dispute over a burglary claim under a Burglary Floater Policy - The complainant filed a claim after a theft at their godown, which the insurer, Oriental Insurance Company Limited, repudiated - The main issue is whether the theft constitutes a burglary under the policy terms, given that no forceful entry was evident - The petitioner argued for the upholding of the District Forum's order, which awarded them compensation for the theft und India Law Library Docid # 2413999
(366) RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. PARIMALA GOTHE AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Law – Health Insurance Claim - The case involves a dispute over a health insurance claim related to Sequentially Programmed Magnetic Field Therapy (SPMF) for osteoarthritis, which was not covered as an inpatient treatment by the insurer - The main issue is whether the treatment falls under the policy's day care treatment clause, which allows for coverage without 24-hour hospitalization due to technological advancements - The insurer challenged the State Commission's order, arguing that India Law Library Docid # 2414000
(367) SANJEEVANI EMERGENCY HOSPITAL Vs. P. NARSAIAH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Law – Medical Negligence - The case involves a dispute of medical negligence resulting in the death - The main issue is whether the treatment provided by the hospital met expected standards and if any deviations resulted in the patient's death - The hospital claims adherence to medical standards, informed consent, and denies negligence, attributing the patient's death to septic shock due to prolonged steroid use - The complainants allege medical negligence, lack of proper care, and mani India Law Library Docid # 2414001
(368) SAFDARJUNG HOSPITAL AND VMMC AND OTHERS Vs. ASHA GOYAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Law – Medical Negligence - The appeal challenges a State Commission order awarding Rs. 25 lakh compensation for alleged medical negligence by Safdarjung Hospital, Delhi - The main issue is whether the State Commission correctly found medical negligence without independent expert opinion and considering the patient's past medical history - The hospital argues there was no medical negligence, treatment followed standard guidelines, and the patient's severe heart condition led to his death India Law Library Docid # 2414002
(369) SMT. ANJALI KIRAN PATIL AND ANOTHER Vs. SHRI JITENDRA N. MEHTA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Law – Housing – Delay in Delivery - The complainants paid Rs. 93,83,000 for a flat, which was never constructed - The complaint was filed after the opposite party failed to deliver the premises - The main issue was whether the transaction was an investment in the project or payment for the flat purchase, affecting the complainant's status as a consumer - The complainants argued that they were promised a flat and made payments accordingly, which should be adjusted against the flat's pric India Law Library Docid # 2413993
(370) MRS. SEHEHERAZEDE JAVERI AND OTHER Vs. CARE HOSPITAL (QUALITY CARE INDIA) AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Law – Medical Negligence – Post-operative complications - The case involves a claim of medical negligence against Respondent-Hospital and its doctors by the widow and son of late ‘J’, a prominent jeweller, following his death due to infections after a coronary surgery - The main issue is whether the post-operative care and management by the hospital and attending doctors constituted negligence, leading to the patient's infection and subsequent death - - The complainants argue that the h India Law Library Docid # 2413994
(371) L & T FINANCE LTD. AND ANOTHER Vs. MEENAKSHI KUMARI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Law - Commercial vehicle loan agreement - The case involves a dispute over a commercial vehicle loan agreement and subsequent repossession of the vehicle due to non-payment of EMIs by the respondents/complainants - The petitioners challenged the orders of the District Forum and State Commission, which ruled against them, alleging several defaults in repayment by the respondents - The petitioners argued that they followed due process in repossessing and selling the vehicle, and that the India Law Library Docid # 2413995
(372) PUNJAB NATIONAL BANK AND OTHERS Vs. ROHIT MALHOTRA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Law – Pension Benefits - The case involves a dispute over pension benefits between Punjab National Bank and the respondent, related to the Late ‘O’ pension application and subsequent claims by his widow and son - The main issue is whether the bank's demand for refund of CPF contribution with interest and the subsequent payment of pension without interest constitutes unfair trade practices - The bank contends that the matter is beyond the jurisdiction of consumer forums and that pension India Law Library Docid # 2413996
(373) CARE HEALTH INSURANCE LIMITED (FORMERLY KNOWN AS RELIGARE HEALTH INSURANCE COMPANY LTD AND ANOTHER Vs. HARJINDER SINGH SOHAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Law – International Medical Health Policy - The complainant purchased an International Medical Health Insurance Policy, experienced health issues in Australia, and filed a claim which was rejected due to non-disclosure of pre-existing conditions - The main issue is whether the rejection of the claim was justified based on the non-disclosure of pre-existing conditions, and whether the State Commission's order to pay the claim was correct - The petitioner argued that the claim was rightly India Law Library Docid # 2413997
(374) GAURAV MAHAJAN Vs. ASIAN INSTITUTE OF MEDICAL SCIENCES (AIMS) AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Medical Negligence – Complainant, son of the late ‘A’, filed a complaint alleging medical negligence by Respondent-Dr. Bansal and others at AIMS, Faridabad, leading to his father's death due to Myasthenia Gravis - The main issue is whether Respondent, an oncologist, was negligent in treating Myasthenia Gravis, a neurological disease, and whether this led to the patient's Myasthenic Crisis and subsequent death - The complainant argued that Respondent failed to follow medical protocols for Myasthe India Law Library Docid # 2413988
(375) KAILASH KUMARI Vs. M/S. OMAXE LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Law – Housing - The Complainant booked a flat with Omaxe Ltd. and paid a total of Rs. 27,90,418 - Complainant did not sign the Builder Buyer Agreement (BBA) due to unacceptable terms and concerns over substandard construction materials - The main issue is whether Omaxe Ltd. is justified in forfeiting the earnest money of Rs. 5,75,000 for the Complainant’s failure to sign the BBA and whether the Complainant is entitled to a refund - The Complainant argued that the BBA was one-sided and t India Law Library Docid # 2413989
(376) HUBLI ELECTRICITY SUPPLY COMPANY LTD. AND ANOTHER Vs. IRAPPA HANAMAPPA SHEBANNAVAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act 1986 - Section 21(b) - Revision Petition - The petitioners face a delay of 341 days in filing the revision petition, with a contention of delay due to various reasons including COVID-19 and obtaining original documents - The petitioner provided reasons for the delay, such as pending related matters, difficulty in obtaining documents, and counsel's health issues - The court scrutinized the reasons for delay and found them unconvincing, stating that the petitioner, a public India Law Library Docid # 2413990
(377) STANDARD CHARTERED BANK Vs. DR. VINOD KUMAR BHALLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Law – Banking – Credit Card Payments – CIBIL Score - The case involves a dispute over credit card payments and the subsequent impact on the complainant's CIBIL score due to alleged outstanding amounts reported by Standard Chartered Bank - The main issues are the incorrect reporting of outstanding amounts, the effect on the complainant's credit score, and the alleged deficiency in service by the bank - Standard Chartered Bank contends that the outstanding amount was due to an incorrect c India Law Library Docid # 2413991
(378) M/S. WORLDWIDE IMMIGRATION CONSULTANCY SERVICES LTD. Vs. SUDHA BABBAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Law – Immigration Service - Dispute regarding immigration services to Australia - The complainant sought a refund after her application was rejected - The main issue is whether the petitioner (WWICS) is liable to refund the amount paid by the complainant for immigration services, considering the petitioner was not a registered MARA agent - WWICS contends that the payment to a third company (GSBC) cannot be recovered from them and that they were authorized to file the case as an 'Authori India Law Library Docid # 2413992
(379) SANJAY FOODS INDIA PVT. LTD. Vs. UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Law – Insurance – Repudiation of Claim - The appellant filed an appeal against the dismissal of their complaint by the Maharashtra State Commission - The complaint was regarding a claim repudiated by United India Insurance Company Limited following a fire in the appellant's factory - The main issue was whether the cause of the fire was 'spontaneous combustion', which is excluded from the policy coverage, or an external cause like a short circuit - The appellant argued that the fire was India Law Library Docid # 2413798
(380) NATIONAL INSURANCE CO. LTD. Vs. MEGHANA (BIO-TECH) TISSUE CULTURE NURSERY REPRESENTED BY ITS PARTNERS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Law – Insurance - Comprehensive insurance policy - The case involves a dispute over an insurance claim for loss and damage under a comprehensive insurance policy, where the respondents' tissue culture nursery suffered losses due to a rise in temperature caused by an air conditioner failure - The main issue is whether the loss caused by the rise in temperature, and not by a physical fire, is covered under the terms of the Standard Fire and Special Perils Policy - The appellant insurance India Law Library Docid # 2413799