(381) ORIENTAL BANK OF COMMERCE THROUGH ITS BRANCH MANAGER Vs. TUHIN KANTI CHOWDHURY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-01-2025 Consumer Protection Act, 1986 — Section 24A (Limitation) — Cause of Action — Condonation of Delay — The limitation period for filing a consumer complaint begins from when the deficiency in service occurred — However, if the deficiency is concealed or its consequences only become apparent later, the cause of action can be considered to arise from the date of such discovery — In this case, the fraudulent act of the bank manager was not immediately apparent to the complainant, and the consequences India Law Library Docid # 2422851
(382) ROHIT MITTAL AND OTHERS Vs. ANNA CHILD CARE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-01-2025 Consumer Protection Act, 1986 — Section 19 — Medical Negligence — Retinopathy of Prematurity (ROP) — Standard of Care — Breach of Duty — Damage — Liability — Doctors and hospitals are liable for medical negligence if they fail to adhere to the standard of care required in treating premature babies for ROP, resulting in permanent damage to the child's vision. India Law Library Docid # 2422595
(383) JANKI SAHU Vs. POONARAM SAHU[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Consumer Disputes — Burden of Proof — Complainant failed to provide cogent evidence such as photographs, bills, or expert reports to substantiate claims of construction deficiencies and wastage of materials. India Law Library Docid # 2422596
(384) UNION OF INDIA Vs. RAJENDRA PRASAD AGRAWAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Dismissal of appeal affirming District Forum order regarding theft of passenger luggage — Petitioner/OP (Railways) liability for deficiency in service — Stolen suitcase during train journey — Complainant alleging negligence of Railways and TTE — Railways denying liability and citing passenger's responsibility to secure belongings and declare valuables as per Railway Rules — District Forum awarded compensation for financial loss India Law Library Docid # 2422597
(385) SURENDRA HINDU SINGH BHATI AND ANOTHER Vs. AJAY CHANGANI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-01-2025 Consumer Protection Act, 1986 — Deficiency in service — Misappropriation of deposits — Society and its office bearers held jointly and severally liable to compensate depositors for maturity amounts, interest, damages, and legal expenses — District and State Commissions' orders upheld. India Law Library Docid # 2422593
(386) AIR AMBULANCE AVIATION AND ANOTHER Vs. GULNAZ BANO AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited Scope — National Commission's revisional power is restricted to cases where State Commission or District Forum exercised jurisdiction not vested in them, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Concurrent findings of fact by lower forums based on evidence should not be interfered with unless there is patent illegality, material irregularity, or jurisdictional error India Law Library Docid # 2422594
(387) AMAN HOSPITAL Vs. AMARJIT KAUR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of revisional jurisdiction — Limited — Can only interfere if State Commission exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact by lower fora which are on appreciation of evidence. India Law Library Docid # 2422588
(388) ORIENTAL INSURANCE CO. LTD. Vs. M/S. AGARWAL STORES AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Insurance Claim — Fire Damage India Law Library Docid # 2422589
(389) AMIT SHARMA Vs. UNION OF INDIA, NORTH WESTERN RAILWAY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Delay in filing — Condonation — Delay of one day in filing the revision petition was condoned due to facts and circumstances. India Law Library Docid # 2422590
(390) MS VKG ASSOCIATES Vs. SMT. B.M. MALA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope of interference by the High Court — High Court can interfere if there is an error of law or jurisdiction, not merely on factual findings. India Law Library Docid # 2422591
(391) DR. ABHAY YADAV AND OTHERS Vs. M/S. TRANCON-SHETH CREATORS PVT. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2025 Consumer Protection Act, 1986 — Section 21 — Consumer Complaint — Deficiency in service — Unfair trade practice — Builder-buyer agreement — Refund of deposited amount — Jurisdiction — Preliminary issues — Written statement — Rejoinder — Maharashtra Ownership Flats Act, 1963 — Section 4 — Agreement for Sale — Loan arrangement — Cancellation notice — Earnest money — Administrative expenses — Delay interest — Litigation costs. India Law Library Docid # 2422592
(392) M/S. DHEERAJ ASSOCIATES HAVING PLACE OF OFFICE AT, NEHRU MARG, PUNE- MAHARASHTRA Vs. DR. DEEPAK SITARAM DESAI SITARAM DESAI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024 Consumer Protection Act, 1986 — Section 2(1)(d)(i) — Consumer — Definition — Property purchased for commercial use or resale — Not for earning livelihood by self-employment — Such buyer is not consumer under the Act — Here, complainant resold the flat and purchased it for establishing a clinic, hence not a consumer. India Law Library Docid # 2420420
(393) M/S. NITESH COLOUR LAB Vs. M/S. JINDAL PHOTO FILM LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024 Consumer Protection Act, 1986 Definitions Consumer Commercial Purpose Self-employment exclusion Machine purchased for business with employees and large operational capacity signifies a commercial purpose, not self-employment for livelihood, thus disqualifying the purchaser as a consumer. India Law Library Docid # 2420421
(394) UNION OF INDIA AND OTHERS Vs. DAYA SHANKER TIWAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024 Consumer Protection Act, 1986, Section 21(b) — Revisionary Jurisdiction — Appeal dismissed by State Commission — Revision Petition filed against the order of State Commission — Interference in revisional jurisdiction — Such interference is warranted only when there is an illegality, material irregularity or jurisdictional error in the order of the State Commission. India Law Library Docid # 2420422
(395) HARYANA URBAN DEVELOPMENT AUTHORITY NOW, HARYANA SHEHRI VIKAS PRADHIKARAN AND OTHERS Vs. RADHA THAKUR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024 Consumer Protection Act, 1986 — Jurisdiction — Arbitration Clause — OPs waived right to object consumer forum jurisdiction by contesting complaint on merits, not raising arbitration objection earlier. Emaar MGF Land Ltd. v. Aftab Singh (2018 SCC Online SC 2378) cited. India Law Library Docid # 2420423
(396) NORTHERN RAILWAY RAILWAY STATION Vs. BALBIR SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024 Consumer Protection Act, 1986, Section 21(b) — Revision petition against order of State Consumer Disputes Redressal Commission — Dismissing appeal and upholding District Forum's order — Theft of luggage from reserved coach — Liability of Railways — Consumer Protection Act provides remedies in addition to other statutes — Supreme Court in Station Superintendent & Anr. Vs. Surender Bhola held that Railways cannot be held responsible if passenger is unable to protect own belongings. India Law Library Docid # 2420424
(397) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. SATWINDER KAUR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-11-2024 Consumer Protection Act, 1986 Section 58(1)(b) Revision Petition Scope of Court upheld concurrent findings of lower fora if no illegality or material irregularity. India Law Library Docid # 2420425
(398) RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD. (RIICO) Vs. DWARKA PRASAD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Powers of National Commission — Limited Scope — National Commission's power of revision is limited to cases where the State Commission has acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — Interference is not warranted with concurrent findings of fact by the District Forum and State Commission unless these parameters are met. India Law Library Docid # 2420383
(399) TAPAS KANTI SENGUPTA Vs. TATA MOTORS LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary jurisdiction — Consumer Protection Act, 2019 — Section 58(1)(b) — Scope of revision — National Commission's revisional jurisdiction is limited and should only be exercised when a State Commission has acted illegally or with material irregularity, or exceeded or failed to exercise its jurisdiction — Interference with concurrent findings of fact by lower forums is not permissible unless those findings are perverse — Supreme Court decision India Law Library Docid # 2420414
(400) BANK OF BARODA AND ANOTHER Vs. SIKANDER ALI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-11-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Jurisdiction — Limited scope — The National Commission's revisional jurisdiction is very limited and can only be exercised when the State Commission exceeds its jurisdiction, fails to exercise its vested jurisdiction, or acts illegally or with material irregularity — The commission cannot re-examine facts or evidence already considered by the lower forums. India Law Library Docid # 2420415