(41) LATE MOHAN S. KALE (SINCE DECEASED) MRS. CHHAYA MOHAN KALA REP. THROUGH HIS LRs. SAHYADRI AND OTHERS Vs. HILLARI VICTOR D'SOUZA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Consumer Law — Housing — Delay in Possession — The complainant booked a flat with the developer, paid 97% of the total consideration, but did not receive possession as agreed — The complainant sought possession, interest, and compensation — Whether there was a deficiency in service by the developer and if the compensation awarded by the State Commission was justified — The developer argued there was no deficiency in service, cited delays due to external factors, and contested the high interest r India Law Library Docid # 2420356
(42) MAHIPAL CHAUDHARY Vs. MAX BUPA HEALTH INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Consumer Law — Mediclaim — Pre-existing Disease — The petitioner filed a claim for his wife's treatment of Parkinson's disease, which was denied by Insurance company on grounds of non-disclosure of the pre-existing condition — Whether the petitioner suppressed material facts about his wife's health condition when obtaining the insurance policy — The petitioner argued that neither he nor his wife was aware of the Parkinson's disease at the time of policy purchase and that the insurance company fa India Law Library Docid # 2420357
(43) SHER SINGH Vs. KOTAK MAHINDRA BANK LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Repossession and sale of the vehicle — Petitioner financed a commercial vehicle from respondent-Bank — Due to vehicle faults, he missed some loan instalments — The bank repossessed and sold the vehicle without proper notice — Whether the bank's repossession and sale of the vehicle were lawful and if the compensation awarded was adequate — Petitioner argued the repossession was illegal and sought higher compensation for his losses — The bank claimed the repossession was lawful and that petitioner India Law Library Docid # 2420352
(44) VEENA JAIN Vs. COUNTRY COLONISERS PRIVATE LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Law — Housing — Delay in delivery of Possession — The petitioner applied for an apartment in the "Wave Gardens" project in Mohali, paying a total of Rs. 68,50,836 — The project was delayed, and possession was not given by the promised date of November 6, 2015 — The main issue is whether the complaint filed by the petitioner is time-barred and whether she is entitled to a refund due to the delay in possession — The petitioner argues that the cause of action should be computed from the da India Law Library Docid # 2420353
(45) KRISHAN SETH Vs. M/S VISHAL INTERNATIONAL HOTEL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Law — Negligence by Hotel — The complainant's son drowned in the swimming pool of Hotel on 26.06.2013 — The criminal case against the hotel staff ended in acquittal — Whether the hotel was negligent and deficient in providing services, leading to the death — The hotel failed to provide a lifeguard and medical facilities, and did not attempt to revive deceased — The absence of CCTV cameras in the pool area was also highlighted — The hotel argued that the pool was closed at the time of th India Law Library Docid # 2420350
(46) RADHIKA KAMBLE Vs. DR. MAHAJAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Law — Medical Negligence — Death — The main issues are whether there was medical negligence by respondent-doctor and whether the compensation awarded by the State Commission was appropriate — The petitioner argued that doctor did not provide proper treatment, failed to conduct necessary tests, and was negligent in attending to the patient, leading to his death — Doctor argued that all due care was taken according to medical protocol, and the patient's condition was managed appropriately India Law Library Docid # 2420351
(47) DEPUTY DIRECTOR, COFFEE BOARD Vs. K.A. ROY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2024 Coffee Debt Relief Package — The complainants, coffee cultivators, took agricultural loans in 1999 — Due to drought and price decline, they couldn't repay — The Coffee Debt Relief Package (CDRP) was introduced in 2010 to support such farmers — The bank did not provide full benefits under the CDRP, causing financial burden to the complainants — The main issue is whether the loans were restructured or new loans were issued in 2003 — The Coffee Board and the bank argued that the loans were new and India Law Library Docid # 2420349
(48) M/S. VENKATESHWARA BANANA RIPENING UNIT Vs. M/S. SBI GENERAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-10-2024 Consumer Law — Fire Insurance Policy — The complainant suffered a fire on 10.07.2017, causing extensive damage — They filed insurance claims totalling Rs. 2,50,14,512/- with SBI General Insurance Co. Ltd., which partially settled the claims — The main issue is the alleged deficiency in service by the insurance company, which the complainant claims resulted in an underpayment of Rs. 1,60,64,464/- — The complainant argues that the insurance company unfairly reduced the claim amounts and delayed se India Law Library Docid # 2420348
(49) BANK OF INDIA Vs. RAMJI LAL AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-10-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — Crop Insurance Claims — The main issue is the delay in filing the petitions and whether there is sufficient cause to condone this delay — The petitioner-Bank, argues that the delay was due to institutional processes and obtaining necessary permissions and records — The respondents are peasants who have been granted relief by the lower courts, which the petitioners are challenging — The court found the petitioner's reasons for delay insuff India Law Library Docid # 2420346
(50) NATIONAL INSURNACE COMPANY LTD. Vs. SHARVAN KUMAR JAIN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-10-2024 Consumer Law — Mediclaim — The claims were denied based on an exclusion clause for obesity treatments — Whether the exclusion clause 4.19, introduced in 2006, was effectively communicated to the insured and if it applies to policies renewed from 2002 — The insurance company argued that the claims were rightly repudiated based on the exclusion clause, which is part of the contractual agreement — Respondent contended that the exclusion clause was not part of the original policy taken in 2002 and w India Law Library Docid # 2420347
(51) LAKSHMAIAH Vs. MAN SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Law — Negligence — Air-conditioner Blast — The complainant's son died due to a blast while an air-conditioner was being serviced — The complainant alleges negligence by the mechanics and vicarious liability of the landlord and the service company — Whether the service company and landlord are liable for the incident, and if there was negligence in the repair work — The complainant argues that the service company sent unskilled mechanics, leading to the blast and subsequent deaths — The India Law Library Docid # 2420342
(52) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. RANDI MAHALAXMI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Law — Insurance Policy — Pre existing Disease — Repudation of claim — Death of respondent’s son — LIC repudiated the claim citing non-disclosure of a pre-existing disease — Whether the evidence provided by LIC is sufficient to justify the repudiation of the insurance claim based on non-disclosure of a pre-existing disease — LIC argued that the Discharge Summary from Hospital indicated a pre-existing condition (Chronic Myeloid Leukemia) which was not disclosed — The respondent contended India Law Library Docid # 2420343
(53) TATA MOTORS LTD. Vs. JOGENDER SHARMA THROUGH LRS. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Law — Motor Vehicle — Manufacturing Defects — Respondent purchased a Tata Safari Dicor Quartz vehicle, which developed defects shortly after purchase — The vehicle was repeatedly taken for repairs but remained defective — Whether the vehicle had a manufacturing defect and if the manufacturer and dealer were liable for replacement or refund — Tata Motors argued that the defects were not due to manufacturing issues and that the State Commission lacked the expertise to inspect the vehicle India Law Library Docid # 2420344
(54) KULWANT SINGH Vs. NATIONAL INSURANCE COMPANY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer — Motor Accident Claims — The petitioner claimed indemnity for his vehicle's accident on 18.11.2003 — The insurance company rejected the claim, citing discrepancies in the accident date and driver details — The main issue is whether the accident occurred on 18.11.2003 or 15.11.2003 and whether the vehicle was used for hire, violating the insurance policy terms — The petitioner argued that the police report dated 18.11.2003 is certified and valid, while the report dated 15.11.2003 is unc India Law Library Docid # 2420345
(55) LAKKAM ESWAR REDDY Vs. CONSUMER GUIDANCE SOCIETY REP. K.P. RAVINDRAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-10-2024 Consumer Law — Housing — Deficiencies in construction — Deficiencies in construction, including reduced plinth area and lack of car parking — The main issues are the provision of less plinth area than promised and the non-provision of car parking — The petitioner argued that the State Commission failed to consider the factual aspects and documents, and that the respondent had no valid claims after signing the agreement and sale deed — The respondent contended that there were significant deficien India Law Library Docid # 2419344
(56) M/S. SBI CARDS & PAYMENT SERVICES LTD. Vs. DURGA CHAUHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-10-2024 Banking Services — Credit Card — Fraudlent Transactions — The case involves a disputed international transaction of USD 700 on a credit card issued by SBI Cards & Payment Services Ltd. — The transaction was reported as fraudulent by the respondent, who did not receive an OTP for it —Whether the transaction was fraudulent and if the petitioner (SBI Cards) is liable for the amount disputed by the respondent — The petitioner argued that the transaction was validated by the merchant and that OTP is India Law Library Docid # 2419343
(57) M/S. GAUTAM SOLAR PVT. LTD. Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-10-2024 Consumer Law — Fire Insurance — Loss of Stock due to Fire — The complainant filed a claim for losses due to a fire on 25.02.2014, which gutted their stocks — The insurance company, Oriental Insurance Co. Ltd., did not settle the claim, citing various procedural issues — The main issue is the non-settlement of the insurance claim despite the submission of all required documents and the surveyor's report — The complainant argues that the insurance company failed to provide the surveyor's report an India Law Library Docid # 2419340
(58) SEEMA JEETENDRA LONGANI Vs. M/S. CITICORP FINANCE INDIA LTD. & ANR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-10-2024 Repossession and auction of the Vehicle — The petitioner purchased a Tata Truck with two loans from Citicorp Finance India Ltd — She defaulted on one installment, leading to the repossession and auction of the truck by the finance company — The main issue is whether the repossession and auction of the truck by the finance company were lawful and whether the petitioner is entitled to compensation — The petitioner argued that the repossession was forceful and unlawful, and sought compensation for India Law Library Docid # 2419341
(59) HDFC BANK LTD. Vs. KAILASH NATH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-10-2024 Banking and ATM Services — ATM card got stuck in ATM — The complainant claimed his ATM card got stuck in an HDFC Bank ATM, and later discovered unauthorized withdrawals totaling Rs. 77,000 — Whether HDFC Bank was negligent in handling the complainant's ATM card issue and if they are liable for the unauthorized withdrawals —HDFC Bank argued there was no security guard present at the ATM, no card was found, and questioned how the PIN was obtained for the withdrawals — The complainant argued that h India Law Library Docid # 2419342
(60) HDFC BANK LTD. Vs. DIVYA MICHELLE RAJIVA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-10-2024 Banking Services — Extension of Loan — HDFC Bank extended a loan for a flat purchase — The builder failed to deliver the flat, leading to a consumer complaint — Whether the bank is liable for the builder's failure to deliver the flat and if the bank's actions constituted a deficiency in service — The bank argued that the loan disbursement was done per the complainant's instructions and that the bank is not responsible for the project's completion — The complainant argued that the bank supported India Law Library Docid # 2419339