(421) PUNJAB NATIONAL BANK AND ANOTHER Vs. JAI KISHAN SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-05-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Powers of National Commission are limited and exerciseable only when State Commission has acted illegally or with material irregularity or failed to exercise vested jurisdiction — Cannot interfere with concurrent findings of fact. India Law Library Docid # 2415654
(422) THE MANAGING DIRECTOR, THE KARNATAKA STATE CO-OPERATIVE HOUSING FEDERATION LTD. Vs. MAJOR BHARGAVA R.D.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-05-2024 Consumer Protection Act, 2019 — Section 2(42) — Definition of "Service" — Housing Construction — Development of a layout for residential plots falls under the ambit of "housing construction" and therefore constitutes "service" as defined by the Act. India Law Library Docid # 2415364
(423) SHRIRAM GENERAL INSURANCE CO. LTD. AND ANOTHER Vs. POLISETTY ANUPAMA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-05-2024 Consumer Protection Act, 1986 Section 21(b) Revisional Jurisdiction Scope National Commission's power is limited and cannot interfere with concurrent findings of fact by District Forum and State Commission unless there's a jurisdictional error or material irregularity. India Law Library Docid # 2415365
(424) AJAY KUMAR ANANT PRASAD Vs. APOLLO HOSPITAL GROUP AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-05-2024 Consumer Protection Act, 1986 — Deficiency in Service — Medical Negligence — Complainant seeking compensation for alleged incorrect HIV test report leading to job loss — Hospitals and laboratories followed national guidelines for HIV testing, including confirmatory tests — Kuwaiti government norms considered, where borderline cases were deemed unfit — complainant's subsequent negative tests did not prove initial negligence by respondents — No deficiency in service found as per established guidel India Law Library Docid # 2415366
(425) M/S RAJ GINNING INDUSTRIES Vs. M/S NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-05-2024 Insurance — Claim settlement — Discharge voucher — Acceptance of payment under protest — Company accepted settlement amounts from two insurance companies and signed discharge vouchers. However, 10-15 days later, the company sent letters of protest, stating the amounts were accepted under protest due to fear of harsh action from the bank. The court held that the protest letters were sent after the vouchers were voluntarily signed and amounts were credited. There was no evidence of coercion, dures India Law Library Docid # 2415367
(426) RAJWINDER SINGH Vs. TATA AIG GENERAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-05-2024 Insurance Law — Accidental Dismemberment Policy — Coverage — Complainant suffered loss of middle and ring fingers, claimed compensation under policy — Insurer paid Rs. 30,000 for "Weekly Indemnity" but denied further claim arguing policy covered only "Accidental Death & Dismemberment" and specifically listed thumb and index finger loss under "Dismemberment," not middle or ring fingers — Complainant argued entitlement under "Permanent Total Loss of Use" clause which was not opted for or paid prem India Law Library Docid # 2415368
(427) CENTRAL BANK OF INDIA Vs. ABHAY KUMAR JAIN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-05-2024 Consumer Protection Act, 1986 Deficiency in Service Bank's liability for loss of locker contents Bank as bailee Bank responsible for safekeeping of contents Deficiency in service for not providing adequate security. India Law Library Docid # 2415369
(428) JATIN KUMAR VERMA Vs. SUMIT GARG AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-05-2024 Consumer Protection Act, 1986 & 2019 — Pecuniary Jurisdiction — District Forum — Valuation of Complaint — District Forum's jurisdiction is determined by the value of goods or services *paid as consideration*, not the total claim or compensation sought. India Law Library Docid # 2415370
(429) M/S MATRIX. THROUGH ITS PROPRIETOR, MR. RAJIV SAWHNEY Vs. AXIS BANK[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-05-2024 The complainant's business dealings, including manufacturing, film making, and trading of goods, were all part of a commercial venture aimed at profit generation. India Law Library Docid # 2415376
(430) PUBLIC HEALTH FOUNDATION OF INDIA Vs. CENTRAL BANK OF INDIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-05-2024 The Public Health Foundation of India (PHFI) filed a complaint against Central Bank of India seeking refund of Rs. 25 crores deposited in fixed deposits, along with interest and compensation for loss and harassment. PHFI is a society established for public health initiatives and receives donations from various sources. India Law Library Docid # 2415373
(431) SRI PATHY ASSOCEATES PRIVATE LIMITED Vs. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-05-2024 Insurance Law — Contractors All Risk Insurance Policy — Repudiation of Claims — Deviation from Design and Contractual Conditions — Insurer repudiated claims based on surveyor and investigator reports citing breaches of contract terms, design deviations, and lack of adequate storm protection. India Law Library Docid # 2415374
(432) STEEL AUTHORITY OF INDIA Vs. NATIONAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-05-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Complainant operating a mediclaim scheme for retired employees — Scheme is for the benefit of employees, not for profit of the complainant — Complaint is maintainable as it is not a commercial venture. India Law Library Docid # 2415375
(433) LIFE INSURANCE CORPORATION OF INDIA Vs. PITTALA POCHAMMA @ POSCHAMMA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-05-2024 Insurance Law Salary Savings Scheme Lapsed Policies Insurer's duty to inform employee of policy lapse when employer defaults in remitting premiums under Salary Savings Scheme. India Law Library Docid # 2415371
(434) UNITED COMMERCIAL BANK Vs. AMARJEET SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-05-2024 Consumer Protection Act, 1986 — Deficiency in service — Insurance — Pradhan Mantri Suraksha Bima Yojana (PMSBY) — Bank's failure to process application for wife of account holder — Wife died before premium deduction — Bank rejected claim India Law Library Docid # 2415372
(435) SMT. BUDHWARA CHOUHAN W/O. LATE SHRI JAGATRAM AND OTHERS Vs. MANAGER/ PROPRIETOR, VENUS HOSPITAL RAIGARH,DR. SUNIL RATRE AND OTHERS[CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Consumer Protection Act, 2019 — Section 41 — Appeals — Dismissal of complaints by District Commission — Similar questions of law and facts — Common order for disposal. India Law Library Docid # 2415036
(436) THE ORIENTAL INSURANCE COMPANY LTD Vs. SMT. KAVERIBAI AND OTHERS[MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION] 14-05-2024 Insurance Law — Mediclaim Policy — Claim Rejection — Policyholder's hospitalization period overlapped with renewal — Claimant chose to claim under the expired policy — Insurance company paid amount under the expired policy up to the sum assured — No liability under the renewed policy for the same hospitalization period — District Commission's order to pay additional amount under new policy set aside. India Law Library Docid # 2415037
(437) THE MANAGER, KOTAK MAHINDRA BANK LTD. AND OTHERS Vs. PARTAP SINGH SON OF SAWARAJ SINGH[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Insurance — Motor Vehicle Insurance — Repossession of vehicle — Consumer Protection — Deficiency in service — Financier wrongfully repossessed a financed tractor without proper notice or auction proceedings, leading to a deficiency in service claim by the consumer. India Law Library Docid # 2415038
(438) HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND OTHERS Vs. SHUBH LATA AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Insurance Law Loan Insurance Policy Repudiation of Claim Interpretation of "Major Medical Illness" The court examined whether Acute Kidney Injury (AKI), as a cause of death, fell under the "Major Medical Illness" clause of a loan credit assurance policy, which specifically mentioned End Stage Renal Failure. The court distinguished between acute and chronic conditions, analyzed medical definitions, and reviewed the insured's medical records, particularly diagnosing "CLD c HRS" (Chronic Liver India Law Library Docid # 2415040
(439) M/S JABALPUR TRACTORS PVT.LTD. Vs. AIR COMMAND INDIA LIMITED AND OTHERS[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Consumer Protection Act, 1986 Execution Proceedings Compromise A consumer who received partial payment and continued to use the goods for a prolonged period without raising objections at the time of compromise is deemed to have accepted the compromise. India Law Library Docid # 2415041
(440) OFFICER-IN-CHARGE AND ANOTHER Vs. AMRITLAL YADAV[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Consumer Protection Act, 1986 — Deficiency in Service — Electricity Supply — Complainant failed to prove deficiency in service by electricity company by not providing evidence such as sealed and receipted complaints, affidavits from other consumers, or testimonies from persons who prepared a panchnama regarding a non-functioning transformer — Allegations of inflated bills during a period when transformer was claimed to be burnt were unsubstantiated — Electricity company's affidavit confirmed con India Law Library Docid # 2415042