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(41) FAST ENGINEERS Vs. DEEPSHIKHA KALA SANSTHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2024
Consumer Law — Non Completion of Installation — The complainant paid Rs. 18,50,000 to appellant for installing an LG Multi V4 VRF AC System — The installation was not completed, leading to a complaint for refund and compensation — Whether the complainant qualifies as a "consumer" under the Consumer Protection Act and whether there was a deficiency in service — The complainant argued that the installation was incomplete despite full payment and sought a refund, interest, and compensation for ment
India Law Library Docid # 2420379

(42) ABDUL GAGOOR Vs. JOSE K.V[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2024
Consumer Law — Housing — Substandard Construction — The complainant entered into an agreement with the opposite party (OP) to construct a villa — The complainant paid Rs. 12.25 lakhs but found the construction substandard and incomplete — He sought a refund of Rs. 8.35 lakhs — Whether the OP used substandard materials, had the right to halt construction due to delayed payments, and if the complainant is entitled to a refund of Rs. 8.35 lakhs — The OP argued that delays were due to the complainan
India Law Library Docid # 2420380

(43) STATE BANK OF INDIA Vs. JAIPUR VIDYUT VITRAN NIGAM LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2024
Consumer Law — Electricity — Demand for electricity dues — Time Barred — SBI, the complainant, received a demand notice for Rs. 5,81,893 for electricity dues from May 2013 to July 2015 — SBI argued that the demand was time-barred under Section 56(2) of the Indian Electricity Act — Whether the demand for electricity dues was time-barred and if there was a deficiency in service by the electricity provider — SBI contended that the demand was issued after a significant delay and was thus barred by l
India Law Library Docid # 2420381

(44) DR. HARISH GUPTA Vs. KUMARI KRITIKA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2024
Consumer Law — Medical Negligence — The case involves ‘K’ who developed cataracts allegedly due to prolonged use of eye drops prescribed by doctor — She initially consulted Dr. ‘H’ who referred her to Dr. ‘T’ — The main issue is whether the doctors were negligent in their treatment, leading to cataracts — Dr. ‘H’ argued he only referred ‘K’ to Dr. ‘T’ and did not prescribe any treatment — Dr. ‘T’ claimed he advised against contact lens use and prescribed standard treatment — Respondent argued th
India Law Library Docid # 2420382

(45) DCB BANK LIMITED Vs. MR. AJOY KUMAR MEHTA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-11-2024
Consumer Law — Banking Services — Unauthorized withdrawals — The complainants' account was hacked, resulting in unauthorized withdrawals of $53,000 — They alleged that the bank was negligent in handling their account and sought compensation — Whether the complainants are considered consumers under the Consumer Protection Act, and whether the bank was deficient in its services — The complainants argued that the bank failed to verify the fraudulent transactions and
India Law Library Docid # 2420377

(46) CHANDRAPRATAP SINGH BAIS Vs. PRAKRIYA PRABHARI (PROCESS IN-CHARGE) AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-11-2024
Consumer Law — Substandard soya bean seeds — Seed failed to germinate — Crop Loss — Compensation — Whether the petitioners could prove the sowing of the seeds and the resulting crop failure, and whether they were entitled to compensation — The seeds were tested and found substandard — Despite sowing, the seeds did not germinate, causing financial loss — Lack of evidence for the actual sowing of seeds and the specific land used — No expert evidence on seed germination — The Commission found suffi
India Law Library Docid # 2420378

(47) MOHD. MUKHTAR Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-11-2024
Consumer Law — Motor Vehicle Insurance — The complainant's car, insured for R. 4,43,800, was involved in an accident — The insurance company paid Rs. 2,00,000, which the complainant accepted under duress — Whether the insurance company was absolved of liability after the complainant signed the consent letter — The consent letter was signed under duress and lacks legal validity — The complainant is entitled to the full insured amount due to total loss — The complainant accepted the settlement vol
India Law Library Docid # 2420375

(48) AJAY KUMAR GUPTA Vs. BASUDEV AUTO LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-11-2024
Consumer Law — Extended Vehicle Warranty — Mileage Limit — Complainant purchased a TATA Indica car with a two-year warranty — Despite regular servicing, the car had starting issues, leading to a dispute over warranty coverage for repairs — The main issues were whether the extended warranty was valid and if there was a manufacturing defect in the vehicle — Complainant argued that the extended warranty was valid and covered the repairs — He also claimed compensation for the repair costs and loss o
India Law Library Docid # 2420376

(49) ORIENTAL INSURANCE CO. LTD. Vs. M/S. HIND METALS & INDUSTRIES (P) LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-11-2024
Standard Fire and Special Perils Policy (Material damage) — The case involves an insurance claim by respondent for damage to a furnace, which appellant denied, leading to a dispute — Whether the damage was caused by an explosion (covered by the policy) or due to negligence and failure of the refractory lining (not covered) — The petitioner (Oriental Insurance) argued that the damage was not due to an explosion but due to negligence and chemical processes, and that the claim was barred by limitat
India Law Library Docid # 2420374

(50) M/S SEQUEL LOGISTICS PVT. LTD. Vs. SANWLI SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-11-2024
Consumer Law — Deficiency in service — Preservation of stem cells — The complainants entered into an agreement with respondent for stem cell preservation — Due to delays in transportation by appellant’ logistics company the samples were contaminated and unsuitable for processing — Whether appellant should be impleaded as a party despite the complainants not directly availing their services — Appellant argued they were not directly contracted by the complainants and thus should not be a party to
India Law Library Docid # 2420373

(51) M/S. JAGDISH WOOLLEN'S (P) LTD. Vs. NEW INDIA ASSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-11-2024
Insurance Policy — Complainant sought indemnification for fire damage valued at Rs. 3.10 crores — The insurance claim was for Rs. 1,03,83,335/-, but only Rs. 40,00,000/- was paid by Insurance Company — Whether the complainant is a consumer under the Consumer Protection Act, the validity of the surveyor's appointment, the reliability of the survey report, and the application of depreciation — The complainant argued for compensation based on reinstatement value, not depreciated value, and highligh
India Law Library Docid # 2420371

(52) D PRABHU Vs. J. GOVINDARAJ[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-11-2024
Limitation Act, 1963 — Section 5 — Condonation of Delay — The appellants filed an appeal against an order dated 25/08/2022 by the Tamil Nadu State Consumer Disputes Redressal Commission — The appeal was delayed by 485 days — The main issue was whether the delay in filing the appeal could be condoned — The appellants argued that the delay was due to their counsel being incommunicado and difficulties in obtaining the certified copy of the order — The respondents opposed the condonation of delay, e
India Law Library Docid # 2420372

(53) O.P. SRIVASTAVA Vs. MAHENDRA TANK AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-11-2024
Appellant had resign from the Firm — Complaints were filed against him in 2019, despite his resignation — Whether appellant can be held liable for actions of the company after his resignation and if the warrants issued against him were justified — Appellant argued that he resigned in 2016 and should not be liable for the company's actions post-resignation — The respondents argued that appellant should be held accountable to ensure compliance with the decrees — The Commission found that appellant
India Law Library Docid # 2420370

(54) M/S. ROHIT EXTRACTIONS PVT. LTD. Vs. M/S. AMARDEEP PACKAGING[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024
Defective Quality — The complainant ordered 20,000 bags but received 50,000 bags without authorization, of which 34,000 were defective — The complainant paid for 16,000 bags and sought compensation for the defective ones — Whether the bags supplied were defective, whether excess bags were supplied, and if the complainant is entitled to compensation — The complainant argued that the bags were defective and that excess bags were supplied without authorization, causing financial loss and mental ago
India Law Library Docid # 2420358

(55) NISHA T.S. Vs. BIOTECH PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024
Consumer Law — Deficiency in service — Preservation Kit of newborn's stem cells — The appellant entered into an agreement with respondent for the collection and preservation of her newborn's stem cells — Despite providing the necessary kit to the doctor, the collection did not occur — Whether respondent was responsible for the failure to collect the stem cells and if there was a deficiency in service — The appellant argued that respondent misled her about their service standards and failed to co
India Law Library Docid # 2420359

(56) NEETA SINGH Vs. HDFC STANDARD LIFE INSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024
Consumer Law — Insurance Policy — Rejection of Claim — The complainant's husband died in a road accident — The insurance claim was rejected due to nondisclosure of pre-existing health conditions — Whether the insurance claim should be honored despite the nondisclosure of health conditions, given the death was due to an accident — The death was caused by a road accident, unrelated to the pre-existing conditions — The rejection of the claim was unjustified — The insurance policy was voidable due t
India Law Library Docid # 2420360

(57) M/S. NIRMAN REALTORS AND DEVELOPERS LTD AND OTHERS Vs. HARISH RATNAKAR NAIK AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024
Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 454 Days — The main issue is whether the delay in filing the appeal should be condoned — The petitioner argued that the delay was due to the time taken to seek legal advice and that they have a strong case on merits — The respondent likely argued against the condonation of delay, emphasizing the importance of adhering to statutory time limits — The Commission found the reasons for the delay insufficient and dismissed the appeal,
India Law Library Docid # 2420361

(58) STATE BANK OF INDIA Vs. SHEETAL NAVNATH VAIDYA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024
Consumer Law — Personal Accident Insurance — The complainant, widow filed a complaint regarding a claim under a Personal Accident Insurance cover linked to a home loan from SBI — The insurance was discontinued in 2013 without informing the complainant's husband, who died in an accident in 2015 — Whether the complainant qualifies as a "consumer" under the Consumer Protection Act and whether SBI's failure to inform about the discontinuation of the insurance policy constitutes a deficiency in servi
India Law Library Docid # 2420362

(59) DR. NAYAN THARA AND ANOTHER Vs. SUBAIDA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024
Consumer Law — Medical Negligence — The complainant experienced complications during childbirth, including severe allergic reactions, uterine rupture, and hysterectomy, allegedly due to medical negligence by the gynecologist and hospital — Whether the gynecologist and hospital were negligent in their treatment, particularly regarding the administration of Pitocin, forceps delivery, and blood transfusion — The hospital and gynecologist argued that they followed standard medical procedures, and an
India Law Library Docid # 2420363

(60) ORIENTAL INSURANCE CO. LTD. Vs. RISHI WATCH CO.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024
Shopkeeper Insurance Policy — Burglary — The respondent's shop was insured for burglary — After a theft with no signs of forced entry, the insurance claim was denied due to lack of evidence of forcible entry — Whether the theft falls under the definition of burglary as per the insurance policy, which requires forcible and violent entry — The insurance company argued that the theft did not involve forcible entry, thus not covered under the policy — The respondent claimed that the use of a master
India Law Library Docid # 2420364