(381) AVIVA LIFE INSURANCE CO. INDIA LTD. Vs. KARIYAPPA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Law – Life Insurance Claim - Non-disclosure of pre-existing Disease - The case involves a dispute over a life insurance claim. The insured, ‘P’ passed away due to a heart attack, and the claim was denied by Aviva Life Insurance on the grounds of non-disclosure of pre-existing Chronic Kidney Disease - The main issue is whether the non-disclosure of the pre-existing condition by the deceased warranted the repudiation of the insurance claim India Law Library Docid # 2413800
(382) EKKORI DAS S/O. LATE HRISHIKESH DAS Vs. SODIPTO CHATTERJEE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Law – Development Agreement - The case involves a dispute over a development agreement for a G+2 storied building in Bolpur, West Bengal - The appellant (landowner) and respondent No.3 (developer) entered into an agreement, and the complainants (respondents No.1 and 2) purchased flats from the developer - The main issue is the execution and registration of the Deed of Conveyance for the complainants, which the appellant has refused due to a cancelled development agreement and ongoing l India Law Library Docid # 2413801
(383) NEW INDIA ASSURANCE CO. LTD. Vs. M/S MADHAV AUTOMOTIVE FASTENERS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Law - Standard Fire Special Peril Policy - The respondent filed a claim for a loss due to fire under a Standard Fire Special Peril Policy - The insurance company assessed the loss at a lower value than claimed, leading to a dispute - The main issue is the disagreement over the claim amount assessed by the insurance company's surveyor and the actual loss claimed by the respondent - The insurance company challenges the State Commission's order, arguing that the surveyor's report was disr India Law Library Docid # 2413802
(384) UNITED INDIA INSURANCE CO. LTD. Vs. RAJESH KUMAR G. PATEL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Law – Theft of Vehicle - The complainant purchased a TATA IWA Dumper, insured it with United India Insurance Co. Ltd., and filed a claim for its theft - The insurance company rejected the claim, leading to a legal dispute - The main issue was whether the insurance company was justified in rejecting the claim based on the late intimation of theft and the submission of only one vehicle key by the complainant - The insurance company argued that the claim was filed late, only one key was pr India Law Library Docid # 2413803
(385) M/S. SAPTAGIRI COTTON INDUSTRIES REP. BY ITS MANAGING PARTNER, MR.BUKKA RAMESH, M/S.SAPTAGIRI COTTON INDUSTRIES AND OTHERS Vs. UNITED INDIA INSURANCE COMPANY LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Law – Fire Accident – Insurance Claim – Appellant filed appeals against United India Insurance Company Ltd. for insurance claim disputes after a fire incident - The main issue is whether the insurance company correctly assessed and compensated the appellant for the fire damage - The appellant contends that the insurance company undervalued the damages and delayed payment, causing further financial harm - The insurance company argues that the appellant was not a 'consumer' under the Act India Law Library Docid # 2413804
(386) M/S. YASH AGENCIES THOUGH ITS PROPRIETOR AMIT BULANI Vs. NEW INDIA ASSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Law - Special Fire Special Policy - The appellant, a wholesale trader of FMCG goods, filed a claim under a Special Fire Special Policy after a fire damaged their stock - The claim was not settled, leading to the appeal - The main issue was whether the complaint was barred by limitation, as it was filed two years after the cause of action - The appellant argued that the claim was unsettled and that the State Commission erred in deeming the appeal barred by limitation, claiming a continu India Law Library Docid # 2413805
(387) PUNJAB NATIONAL BANK AND OTHER Vs. RISHABH WINPRO PRIVATE LIMITED[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Mortgage – Business Loan - Production of original sale deeds related to a mortgage for a business loan - The main issue is whether the bank should produce the original sale deeds as directed by the District Commission, despite the loan not being fully repaid - Punjab National Bank argues that since the loan is not fully repaid, they are not obligated to return the title deed of the mortgaged properties - The court found that the District Commission passed the order without considering that the l India Law Library Docid # 2403818
(388) SKS ISPAT AND POWER LIMITED AND OTHERS Vs. CHAIRMAN CUM MANAGING DIRECTOR, NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Consumer – Coal Stock Damage - The appeals involve Appellant against insurance companies for denial of claims related to coal stock damage due to spontaneous combustion - Two separate complaints were filed for the incidents with New India Assurance Company Limited and National Insurance Company Limited - The main issue is whether the insurance companies were justified in denying the claims based on the argument that the appellant failed to prove the genuineness of the spontaneous combustion and India Law Library Docid # 2413808
(389) LIFE INSURANCE CORPORATION OF INDIA Vs. KAILASH KANUGO[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Consumer Law – Insurance Policy - The case involves a dispute over an insurance policy claim between Complainant and Life Insurance Corporation of India (Petitioner/OP) - The Complainant filed for a claim under the Asha-Deep Policy-I after requiring open heart surgery, which was initially repudiated by the LIC - The primary issue is the determination of the Complainant's entitlement under the insurance policy, considering the premiums paid and the benefits claimed - The LIC argues that the Compl India Law Library Docid # 2413806
(390) MAHINDRA & MAHINDRA LIMITED Vs. MANOJ KUMAR SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Consumer Law – Manufacturing Defect - The case involves a consumer dispute regarding a Mahindra XUV500 car with persistent ignition and brake issues - The vehicle was purchased on 07.12.2011, and despite multiple repairs, the problems remained unresolved - The main questions were whether the vehicle sold had a manufacturing defect, if the judgment could be based on the expert reports provided by the complainant, and whether the continuous running of the vehicle implied no manufacturing defect - India Law Library Docid # 2413807
(391) SAMSUNG INDIA ELECTRONICS PVT. LTD. Vs. SMT. DIKSHA SINGH AND OTHER[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Defective Mobile Handset - The complainant purchased a mobile handset from New Golden Electronics & Communication, which malfunctioned during the warranty period - The handset was not repaired or replaced by the seller or manufacturer, leading to the complaint - The main issue is whether the mobile handset had a manufacturing defect and if the complainant is entitled to a replacement or compensation due to the alleged deficiency in service - Samsung India Electronics Pvt. Ltd., the appellant, ar India Law Library Docid # 2403817
(392) ARVIND RAJPAL JADAV Vs. CHARUDATTA VASANTRAO TULJAPURKAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Consumer Law - Property Sale agreement - The case involves a dispute over a property sale agreement - The complainant paid Rs. 11,000 an agreement was executed, with the sale deed to be completed within 24 months. Disputes arose, leading to arbitration and eventual legal action - The main legal issues revolve around the execution of the sale deed, the validity of the agreement in light of the partnership firm's dissolution, and the applicability of various laws including the Consumer Protection India Law Library Docid # 2413809
(393) INDIAN FARMERS FERTILIZERS CO-OPERATIVE LTD. (IFFCO) AND OTHERS Vs. BALWANT SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Consumer Law – Poor Quality Seeds - The case involves disputes over the quality of Guar seeds supplied by IFFCO, leading to poor crop yield - Complainants who filed complaints after suffering crop losses - The main issue is whether the seeds supplied were of inferior quality, causing the crop failure, and if the complainants are entitled to compensation - IFFCO argues that the complaint lacks validity due to non-inclusion of the seed manufacturer, questions the inspection report's credibility, India Law Library Docid # 2413810
(394) SUSHIL KUMAR MARWAH Vs. NPCL COMMERCIAL COMPLEX[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Consumer Law – Electricity - The complaint involves deficiency in service and unfair trade practice by Noida Power Company Ltd. (NPCL), seeking compensation and restoration of electricity supply - The main issues are interruptions in power supply, billing irregularities, and the failure to upgrade the load connection as agreed, leading to financial losses for the complainant's factory - Complainant claims extensive power outages, exorbitant billing rates, and unfulfilled upgrade to a 15 HP conne India Law Library Docid # 2413811
(395) M.R. SOOD AND OTHERS Vs. PIONEER TOYOTA THROUGH MANAGER, AUTH. DEALER: EM PEE MOTORS LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-04-2024 Consumer Law – Defective Motor Vehicle – Airbags - The case involves a complaint filed by Complainants against Pioneer Toyota, Toyota Kirloskar Motor Ltd, and Toyota Motor Corporation, seeking compensation for the accidental death of ‘A’ to alleged defects in a Toyota Corolla car - The main issues revolve around the alleged unfair trade practice, the effectiveness of the car's safety features, particularly the airbags, and whether there was any manufacturing defect that contributed to the fatali India Law Library Docid # 2413812
(396) LIFE INSURANCE CORPORATION OF INDIA Vs. BRIJENDRA KUMAR TYAGI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-04-2024 Consumer Law – Insurance Policy Claim - The case involves a dispute between Life Insurance Corporation of India (LIC) and Respondent regarding a policy claim after the policyholder's demise - The appeal challenges the State Commission's order on grounds of limitation period, policy terms regarding Term Rider Benefit, and alleged deficiency in service by LIC - LIC contends the complaint is time-barred, the policyholder did not opt for Term Rider Benefit, and that the State Commission erred in its India Law Library Docid # 2413813
(397) AJAY PAUL SINGH TANWAR Vs. PADAM GRAPHICS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-04-2024 Consumer Law – Defective Machinery - The case involves a complaint about a defective bag making machine, purchased for Rs. 15,60,066, which was installed to earn a livelihood through self-employment - The machine was financed by a term loan from Punjab National Bank - The main issue is the dismissal of the complaint by the Himachal Pradesh State Consumer Disputes Redressal Commission as premature, due to the absence of a legal notice to the respondent prior to filing the complaint India Law Library Docid # 2413814
(398) VIKAS GARG Vs. ESTATE OFFICER (HOUSING) GREATER MOPHALI AREA DEVELOPMENT AUTHORITY (GMADA)[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-04-2024 Consumer Law – Housing – Delay in Possession – Complainant filed a complaint against GMADA for deficiency in service and unfair trade practice, seeking a refund with interest due to delayed possession of a flat in "Puram Premium Apartments." - The main issue was whether the complainant's request for a refund was a withdrawal from the scheme or a surrender of the apartment, affecting the refund amount - The complainant argued for a refund due to the delay in possession and the project's incomplet India Law Library Docid # 2413825
(399) BAHADUR SINGH Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER AND OTHER[CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 03-04-2024 Employee's Pension Scheme, 1995 - Section 12(c) - Monthly Member’s Pension – Eligibility for superannuation pension from 03/02/2009 - His service was unlawfully terminated from 16/09/1988 to 11/03/2005 but was reinstated with continuity of service and back wages - The main issue is the wrongful rejection of Appellant’s superannuation pension claim by the Regional Provident Fund Commissioner (Respondent No. 1), despite his eligibility - The petitioner argued that he is eligible for the pension a India Law Library Docid # 2403806
(400) SPICEJET LTD. Vs. MR. D.D. DAYANI AND OTHERS[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 03-04-2024 Condonation of delay - The main issue is the maintainability of the application under the New/Old Consumer Protection Act for condonation of delay in filing the appeal - SpiceJet Ltd. filed an application seeking condonation of delay, citing reasons such as difficulty in tracing files and obtaining copies of necessary documents - The court analyzed the applicability of the Consumer Protection Act, 1986 vs. 2019, and principles regarding retrospective laws - The court dismissed the application fo India Law Library Docid # 2403809