(361) 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
(362) 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
(363) 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
(364) 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
(365) 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
(366) 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
(367) 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
(368) 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
(369) 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
(370) 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
(371) 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
(372) 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
(373) 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
(374) 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
(375) 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
(376) 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
(377) 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
(378) 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
(379) 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
(380) 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