(401) UNION OF INDIA Vs. M/S ICICI LOMBARD GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Protection Act, 1986 — Insurance — Deficient Service — Contract of Indemnity — Insured is a Consumer — Repudiation of claim on grounds of late intimation and non-issuance of policy certificate — Advance premium deposited — Intimation letter signed by officer finalizing deal — Opposite party failed to deny authenticity of intimation letter and withheld best evidence — Adverse inference drawn — Insurance Act, 1938, Section 64VB — Risk assumed only on payment of premium — Policy terms and India Law Library Docid # 2418208
(402) DR. R.K. AGARWAL AND OTHERS Vs. SUMIT SRIVASTAVA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Protection Act, 1986 — Section 2(1)(g) & 2(1)(d) — Medical Negligence — Admission of appeal with delay — Delay of 89 days in filing appeal condoned due to reasons stated in application regarding translation of documents and engaging advocate. India Law Library Docid # 2418209
(403) AMARJEET B. MISHRA Vs. DR. PANJABRAO ALIAS BHAUSAHEB DESHMUKH MEMORIAL MEDICAL COLLEGE AMRAVATI AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Protection Act, 1986, Section 2(1)(d) and Section 2(1)(e) — Consumer — Service — Consideration — Distinction between student and employee — A person availing services without consideration is not a consumer — Fees paid for educational courses are not consideration for medical treatment — Services rendered by an intern as part of their training, without any agreement for consideration between the hospital and intern, do not constitute consideration for medical services — Appeal dismissed India Law Library Docid # 2418210
(404) K. MURUGESAN Vs. REGIONAL MANAGER AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Protection Act, 1986 Section 2(1)(d) and 2(1)(o) Consumer and Service Definitions Beneficiary of a Government scheme, which is provided free of charge and for a commercial purpose, is not considered a 'consumer' under the Consumer Protection Act. India Law Library Docid # 2418211
(405) ROBIN K. RODRIGUES Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Motor Vehicles Act — Insurance Claim for Stolen Vehicle — Repudiation of claim by Insurance Company — Vehicle traced — Dispute over ownership and release by Criminal Court — Claim allowed by District Commission — Reversed by State Commission — Revision Petition filed by Complainant. India Law Library Docid # 2418212
(406) SHIV PRAKASH SINGH Vs. P.C.F. PRATAPGARH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-09-2024 Consumer Protection Act, 1986 — Deficiency in Service — Paddy Purchase Policy — Procurement of paddy by government centres is subject to policies, requiring a minimum yield of 67% milled rice — Rejection of paddy that yields less than the prescribed percentage is not a deficiency in service. India Law Library Docid # 2418213
(407) REGISTRAR, RAI UBIVERSITY Vs. PATEL RAMESHBHAI DHULABHAI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-09-2024 Consumer Protection Act, 1986 — Section 2(1)(d) "consumer", Section 2(1)(o) "service" — Education services — Held, educational institutions and services provided by them are not considered "services" under the Consumer Protection Act, 1986. India Law Library Docid # 2418204
(408) RAM CHANDER Vs. ADAMA INDIA PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-09-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Against State Commission order setting aside District Forum order allowing complaint of crop damage due to pesticides — Complainant failed to prove crop was intended for paddy nor followed usage instructions — No expert opinion or sample analysis produced — Farmers' crop failure can be due to various reasons, need reliable evidence for deficiency in service. India Law Library Docid # 2418205
(409) SHRIRAM TRANSPORT FINANCE CO. LTD. AND ANOTHER Vs. RAJEEV KUMAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-09-2024 Consumer Protection Act, 1986/2019 — Section 21(b) / 58(1)(b) — Revision Jurisdiction — Limited Scope — National Commission's revisional jurisdiction is restricted to cases where State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Interference is not warranted with concurrent findings of fact by lower forums unless there is illegality, material irregularity, or jurisdictional error. India Law Library Docid # 2418206
(410) JITENDRA SHARMA Vs. MAGMA HDI GENERAL INSURANCE CO.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-09-2024 Consumer Protection Act, 1986 — Section 19 — Appeal — Delay in filing — Condoned — Appeal filed with a 10-day delay was condoned on the grounds provided in the application. India Law Library Docid # 2418218
(411) SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SURYAKANT TRIPATHI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-09-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Against dismissal of appeal by State Commission on ground of limitation — Delay in filing appeal — Condonation of delay — Not a matter of right — Appellant must show sufficient cause with detailed reasons — Summary procedure under consumer law emphasizes expedition — Petitioner failing to file copy of application for condonation of delay before State Commission despite opportunities — Specific dates and details of reason for del India Law Library Docid # 2426892
(412) TATA MOTORS LTD. Vs. HARPREET SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-09-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope — National Commission's revisional jurisdiction is limited to cases where the State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Interference is warranted only if findings are against law, pleadings, evidence, or are perverse — National Commission cannot disturb concurrent findings of fact by lower fora based on appreci India Law Library Docid # 2418217
(413) J.D. HERBALS AND OTHERS Vs. ORIENTAL BANK OF COMMERCE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-09-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Commercial Purpose — Loan availed for commercial venture without element of livelihood by self-employment does not make the borrower a "consumer". India Law Library Docid # 2418214
(414) JEEVAN LATA Vs. IIFCO TOKIO INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-09-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited scope — National Commission cannot interfere with concurrent findings of facts by District Forum and State Commission unless there is patent illegality, material irregularity, or jurisdictional error. India Law Library Docid # 2418215
(415) TATA MOTORS FINANCE LTD. Vs. DHARMENDER KUMAR YADAV AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-09-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary jurisdiction of National Commission — Limited scope — Interference only if State Commission acted illegally or with material irregularity, or failed to exercise jurisdiction — Concurrent findings of fact by lower forums not to be disturbed unless perverse or against evidence. India Law Library Docid # 2418216
(416) M/S. NPP ENERGY LIMITED Vs. NATIONAL INSURANCE COMPANY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Protection Act, 1986 — Sections 2(1)(g), 21(b) — Deficiency in service — Insurance claim repudiation — Insurance Company repudiated claim based on suspicion of intentional fire and exaggerated claim — Held, Insurance Company failed to provide cogent evidence for non-accidental nature of fire — Mere suspicion is not enough to deny liability — Insurance Company also failed to adhere to prescribed timelines for claim settlement — Repudiation set aside, claim allowed. India Law Library Docid # 2418220
(417) PASHMINA WATERFRONT BUYERS ASSOCIATION Vs. LILY REALTY PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Commercial purpose — Whether a buyer is a consumer or investor — Burden of proof — For a buyer to be considered an investor engaged in a commercial purpose, it must be proven that they are in the business of buying and selling property for profit — Mere renting of property does not constitute a commercial purpose — Party alleging commercial purpose must provide documentary evidence to support their claim. India Law Library Docid # 2418221
(418) LATE JAGIR SINGH (DECEASED) Vs. GREAT MOHALI AREA DEVELOPMENT AUTHORITY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Protection Act, 1986 — Section 19 — Appeal — Dishonest deduction of amounts by builder — Builder failed to deliver possession of apartment as per the Letter of Intent (LOI) — Complainant sought refund of deposited amount along with interest — Builder deducted a significant sum citing breach of conditions and forfeiture, refunding a lesser amount — State Commission partially allowed complaint, directing builder to pay a smaller sum with interest — Appellant challenged the State Commissio India Law Library Docid # 2418222
(419) NEW INDIA ASSURANCE CO. LTD. Vs. M/S. KESHODWALA FOODS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Part allowance of complaint regarding insurance claim for flood damage — Insurance company challenging reliance on surveyor's report and alleged breach of policy conditions. India Law Library Docid # 2418223
(420) BALASAHEB MANIKRAO WAGH KHULLOD Vs. ROYAL SUNDARAM GENERAL INSURNACE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-09-2024 Consumer Protection Act, 2019 — Section 51(1) — First Appeal — Appellant's claim for balance IDV of vehicle and punitive damages — Dismissal of appeal due to no illegality or material irregularity in State Commission's order — State Commission's acceptance of Surveyor's assessment of loss. India Law Library Docid # 2418224