(421) PRABU HERBERT SAMUEL (CIVIL ENGINEER) Vs. R. RAJAMMAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2024 Consumer Protection Act, 1986, Section 21(b) — Revisionary Jurisdiction — Scope — Limited — Only to be exercised when State Commission acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — No interference with concurrent findings of fact based on appreciation of evidence. India Law Library Docid # 2415660
(422) PRATAP SINGH Vs. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — National Commission's power under Section 21(b) is limited 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 in concurrent findings of fact of lower forums unless there is illegality or material irregularity. India Law Library Docid # 2415662
(423) BRANCH MANAGER CHOLAMANDALAM M S GENERAL INSURANCE COMPANY LTD. Vs. MINATI DEI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2024 Consumer Protection Act, 1986 — Section 13(1)(a) — Filing of Written Version — Time Limit — District Forum proceeded ex-parte prematurely against the insurance company before the expiry of the prescribed period for filing the written version, which was 30 days from the receipt of notice (plus a further 15 days for condonation of delay). India Law Library Docid # 2415663
(424) UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED AND OTHERS Vs. M/S. UJALA PLASTIC & CASE COMPANY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2024 Insurance Law — Fire Insurance Claim — Assessment of Loss — Surveyors' Reports — Consumer Protection — Admissibility of Evidence — Insurer's Discretion to Reject Surveyor Report — Appeal Against State Commission Order — The court must give due importance to surveyors' reports. However, insurers can reject reports if there are acceptable reasons for doing so, and arbitrary rejection can be considered a deficiency in service under the Consumer Protection Act. The State Commission's order, which pa India Law Library Docid # 2415664
(425) SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. MAHESH CHAND SHARMA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2024 Consumer Protection Act, 1986 — Insurance Claims — Delay in lodging FIR — When delay in lodging FIR with police is due to police inaction and complainant has taken steps to expedite the process, such delay cannot be a ground to repudiate the insurance claim. India Law Library Docid # 2415665
(426) MRS. PREM LATA SANGHI AND OTHERS Vs. DEUTSCHE LUFTHANSA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2024 Montreal Convention — Applicability — 'Accident' as a prerequisite for liability under Montreal Convention — Interpretation of 'accident' as an unintended and unexpected occurrence external to the passenger, not an internal reaction, is crucial. India Law Library Docid # 2415666
(427) UNITED INDIA INSURANCE CO. LTD. Vs. SHREE SAI LAXMI POULTARY FEEDS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2024 Insurance Law Fire and Special Perils Policy Claim repudiation Spontaneous combustion Burden of proof of purchase and payment on insured Exaggeration of claim. India Law Library Docid # 2415667
(428) RATNA GANGULY AND ANOTHER Vs. RAMAKRISHNA MISSION SEVA PATHISHTHAN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-06-2024 Consumer Protection Act, 1986 — Section 21(a)(i) — Complaint Maintainability — Service Charge — Complaint is maintainable if payment was made for drugs and disposables, even if the hospital is charitable or free. India Law Library Docid # 2415668
(429) TAIPEN TRADERS LTD. AND ANOTHER Vs. M/S. BHAWANI COLD STORAGE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 1986/2019 Revision Petition Delay Condonation by Supreme Court Re-admission of case. India Law Library Docid # 2415640
(430) GHANSI Vs. UNITED INDIA INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope of — Revisional jurisdiction is limited to cases where State Commission exceeded its powers, failed to exercise its powers, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact reached by lower Fora based on evidence appreciation. India Law Library Docid # 2415641
(431) HRIDAYLAL SAHU AND OTHERS Vs. DR. ROSHAN UPADHYAY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Dismissal of complaint against OPs for medical negligence — Appellant's contention of pre-operative analysis and procedures not conducted, OP-1 not being a surgeon and lacking authorization, inadequate consent, gross negligence resulting in spread of cancer and delayed referral — Reiteration of case facts and grounds of appeal — State Commission's observation regarding medical board incorrect — Documents pres India Law Library Docid # 2415642
(432) ORIENTAL INSURANCE CO. LTD AND OTHER Vs. M/S PATHAK WATCHES AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act — Condonation of Delay — Sufficient Cause — The court must be satisfied that the appellant acted with reasonable diligence and was prevented by a sufficient cause from prosecuting the case, and that the delay was not due to negligence or lack of bona fide. India Law Library Docid # 2415643
(433) FAUJA SINGH AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 1986, Section 21(b) — Revision Petition — State Commission's order — Upheld — Insurance claim repudiation — Breach of policy condition — Ignorance of facts by District Forum — Dismissal of Revision Petition. India Law Library Docid # 2415670
(434) S.P. SINGH YADAV Vs. NATIONAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 1986 Revision Petition Jurisdiction of National Commission Limited to interference only when State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity Cannot interfere with concurrent findings of fact by lower forums unless illegal or arbitrary. India Law Library Docid # 2415671
(435) EASTERN RAILWAY AND ANOTHER Vs. NAUSHAD KHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 1986 — Applicability — Consumer dispute — Theft of luggage in train — Whether deficiency in service — Held, deficiency in service arises if Railway fails to provide safety and security to passengers and their belongings, despite collecting charges. India Law Library Docid # 2415672
(436) M/S. EMTEX MACHINERY PVT. LTD. Vs. M/S. M.I.C ENGINEERS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — State Commission reduced compensation and affirmed rest of District Forum order — Petitioner filed revision petition arguing inadequacy of evidence for manufacturing defect. India Law Library Docid # 2415673
(437) PARAS HOSPITAL Vs. RISHI KUMAR JAIN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Limited Jurisdiction — Concurrent findings of fact by lower fora require respect in revision unless shown to be erroneous or based on misinterpretation of law or evidence. India Law Library Docid # 2415674
(438) GHAZIABAD DEVELOPMENT AUTHORITY Vs. VIJAY GAUTAM[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-06-2024 Consumer Protection Act, 1986 Deficiency in Service Allotment of Plot Cancellation Delay in payment of installments and transfer fee by allottee Authority justified in cancelling allotment after issuing notice and providing opportunities. India Law Library Docid # 2415644
(439) MR. HARIKISHAN S. VIRMANI AND OTHERS Vs. M/S. VAIDEHI AKASH HOUSING PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-06-2024 Consumer Protection Act, 2019, Section 69 Limitation Period Complaint not admitted if filed beyond two years from cause of action, unless sufficient cause shown for delay. India Law Library Docid # 2415645
(440) BHARAT S. SHAH AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-06-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Order of State Commission set aside — Order of District Forum restored. India Law Library Docid # 2415646