(421) KESHWA NAND DWIVEDI AND OTHERS Vs. M/S. DLF UNIVERSAL LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Housing – Delay in possession - Limitation - This case is an appeal against the order of the State Disputes Redressal Commission, Delhi, dismissing a complaint as barred by limitation - The complaint was filed by the Appellant, who booked an apartment in the Respondent's project, 'DLF Capital Greens', and claimed compensation for delay in possession - The main issue is whether the complaint before the State Commission was barred by limitation - The Appellant argued that the period of limitation India Law Library Docid # 2403674
(422) DHFL PRAMERICA LIFE INSURANCE COMPANY LTD. Vs. SOHAN SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Housing Loan – ‘S’ Obtained a housing loan from OP Nos. 1 & 2 for constructing a house - The loan was insured under DHFL Pramerica Group Credit Life policy by OP Nos. 3 & 42 – ‘S' died due to a heart attack, and the Complainant (his father) filed a claim - Validity of the insurance contract - Alleged non-disclosure of pre-existing medical conditions by 'S' – ‘S’ intentionally failed to disclose his complete medical history - The insurance contract is voidable due to lack of good faith - The medi India Law Library Docid # 2403677
(423) PAWAN HANS LIMITED Vs. NEW INDIA ASSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Group Insurance Policy LOL (Loss of License Policy) - The case involves a dispute between the Complainant and the Respondent - The Complainant secured a “Group Insurance Policy LOL (Loss of License Policy)” for its 152 pilots, with coverage set at different amounts based on age - Claims were filed for total or partial disablement due to illnesses, but the Respondent repudiated these claims - Whether the Complainant qualifies as a “Consumer” under the Consumer Protection Act - Whether the Compla India Law Library Docid # 2403678
(424) AMBABEN WIDOW OF SHRI GOVINDBHAI JADAVBHAI KATHIRIA Vs. DEVISONAL MANAGER, NEW INDIA INSURANCE COMPANT LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 “Sun stroke” - Natural course of death - The petitioner’s husband died due to “sun stroke” while repairing fencing on a farm - He had insurance under the Janata Akasmat Vima Policy - The petitioner filed a claim for compensation of Rs. 50,000 - The respondent (insurance company) rejected the claim, stating that the death was not due to an accident - Whether the husband’s death qualifies as an accidental death under the insurance policy - The husband’s death resulted from “sun stroke,” which sho India Law Library Docid # 2403679
(425) K.A. NAGAMANI Vs. TATA MOTORS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Law - Defective Motor Vehicle- The petitioner, who purchased a Tata Nano car, faced several issues with the car, including engine start problems, excessive battery drainage, inadequate cooling, and steering lock problems - The petitioner's applications for discovery and interrogatories were questioned, as they were not considered fishing enquiries but rather seeking relevant information within the confines of Section 30 and Order XI of the CPC, Section 3, and Section 13(4) of the Consum India Law Library Docid # 2403661
(426) SPUTNIK MEDICAL RESEARCH FOUNDATION Vs. PARVEEN KUMAR GARG AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 zGroup Mediclaim Policy – The Petitioner, a medical and research foundation, was sued by the Respondent for not settling a claim for a Group Mediclaim Policy - The Respondent purchased the policy and submitted the claim through a Third-Party Administrator (TPA). The Respondent filed a complaint seeking compensation and costs from the Petitioner, OP-2 (TPA), and OP-3 (insurer) - The Petitioner argued that it was not involved in the processing or scrutiny of claims and could not be held liable for India Law Library Docid # 2403662
(427) S. LIQUAT HUSSAIN Vs. M/S COLORHOME DEVELOPERS P. LTD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Housing - The petitioner booked a flat with Respondent under a Tripartite Construction Agreement -The petitioner requested alterations in the internal partitions, which the respondent agreed to do at a cost - However, the respondent continued construction without completing the alterations and demanded payment - The petitioner sought relief from the District Consumer Disputes Redressal Forum, which dismissed the complaint - The State Commission upheld the order, determining if the respondent had India Law Library Docid # 2403663
(428) MANIDWEEP ASHWAM TRUST AND OTHERS Vs. SOMPURA NAVINCHANDRA CHUNILAL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Temple Construction Dispute - The Manidweep Ashram Trust entered into a contract with the respondents to construct a temple in Ambasar for Rs. 58,00,000/- The Trust paid the respondents Rs. 53.68 lakhs, but the construction was not completed - The Trust filed a consumer complaint seeking a refund of Rs. 40,00,000/- Whether the complainant trust is a "consumer" under the Consumer Protection Act - Whether the dispute should be decided by the State Commission or a civil court - The complainant tru India Law Library Docid # 2403668
(429) YOGENDRA SINGH GURJAR Vs. RAJASTHAN HOUSING BOARD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Housing - The appellant filed a complaint against the Rajasthan Housing Board and others, alleging miscalculation of the amount deposited and wrong interest levy on the delayed period - The court examined the pleadings and documents and found that the remaining issue pertains to the purported miscalculation of the amount paid by the appellant and interest on the delayed period in relation to the purchase of the flat in question - The court also noted that the amount deposited by the appellant is India Law Library Docid # 2403669
(430) PUNJAB NATIONAL BANK Vs. NAVANEET NAVALMAL PATVA THROUGH LRS. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Standard Fire and Special Perils Policy - The case revolves around a dispute over compensation for the loss of sugarcane bagasse - The complainants, a business selling bagasse as fuel, had a Standard Fire & Special Perils Policy from NIACL - A fire broke out in the stockyard, leading to different assessments from the insurance company - The primary issue was whether the insurance company's settlement was fair and reasonable - The bank challenged the State Commission's order to refund the excess India Law Library Docid # 2403670
(431) KULDEEP SINGH AND OTHERS Vs. IMPROVEMENT TRUST AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2024 Auction Purchase - The complainants had participated in a public auction conducted by the Improvement Trust, Pathankot, and purchased shops for their sports business - However, they defaulted on the payment schedule and faced penalties and additional charges - The main issue before the NCDRC was whether an auction purchaser of a commercial property can be considered a 'consumer' under the Consumer Protection Act, 1986, when no further liabilities are imposed on the seller, which in this case was India Law Library Docid # 2403667
(432) NATIONAL INSURANCE COMPANY LTD. Vs. DHARAM SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2024 Driving license - The complainant purchased a Maruti Swift car and insured it with the National Insurance Company - The car sustained substantial damage in a road accident, and the complainant initiated a claim with the insurance company - The insurance company repudiated the claim, stating that the driver's driving license was not submitted - The complainant argued that they had informed the insurance company about the driver's license in writing - Whether the complainant had informed the insur India Law Library Docid # 2403673
(433) NEW INDIA ASSURANCE CO. LTD. Vs. DAVINDER PAL SINGH KHOSA[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-03-2024 Insurance - Personal Accident Insurance policy - Respondent purchased a Personal Accident Insurance policy from the New India Assurance Co. Ltd. During the policy period, he sustained injuries and filed a claim for reimbursement, which was partially settled by the insurance company - The main issue is whether the insurance company’s settlement amount was adequate and in accordance with the policy terms, and whether there was any deficiency in service - The insurance company contended that the c India Law Library Docid # 2403624
(434) LIFE INSURANCE CORPORATION OF INDIA Vs. MS. DIPTY JAIN AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-03-2024 Insurance Claim – ‘D’ the deceased, had a life insurance policy with LIC - He passed away due to a heart attack, and his nominees filed a claim which was rejected by LIC on grounds of non-disclosure of health information - The main issue is whether LIC’s rejection of the claim due to alleged non-disclosure of material facts by ‘D’ is justified - LIC argues that ‘D’ failed to disclose his prior Mini Gastric Bypass Surgery and thus, breached the contract of utmost good faith - The respondents cont India Law Library Docid # 2403625
(435) P. MURUGAN AND OTHERS Vs. SAHRUDAYA HOSPITAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Medical Negligence - Caesarean operation - Appellant’s wife was admitted to the hospital for her second delivery and underwent a caesarean operation - After the operation, she developed breathing problems and was not feeling well - The appellant requested the hospital to shift his wife to another hospital, but the hospital refused - The hospital eventually took her to a higher center, but she passed away on the way - The appellant filed a complaint seeking compensation for medical negligence - W India Law Library Docid # 2403675
(436) ORIENTAL INSURANCE COMPANY LTD. Vs. JAGTAR SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Overseas Mediclaim Insurance policy - Pre-existing disease - The Punjab State Consumer Disputes Redressal Commission allowed a complaint against an Appellant who issued an overseas mediclaim insurance policy for US$ 50,000 to a complainant who suffered a precocious myocardial infarction while traveling overseas - The Appellant argued that the insured had expired due to a pre-existing hypertension disease, which had not been disclosed at the time of obtaining the policy - The respondent argued th India Law Library Docid # 2403676
(437) RAVI DEVELOPMENTS Vs. VIJAY KUMAR BAJAJ AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Housing – Delay in delivery of possession - The complainants booked a flat in a project called “Gaurav Saffron.” - The builder company failed to deliver possession of the flat within the stipulated period - The complainants sought a refund of the entire deposited amount - Whether the complainants fall within the definition of ‘consumer’ under the Consumer Protection Act - Whether there was a deficiency in service by the builder company -Whether the complainants are entitled to a refund -The comp India Law Library Docid # 2403680
(438) STATE BANK OF INDIA Vs. CAPT. JOSE HORMESE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Banking - Failure to link Multi Option Deposits (MOD) to the savings account - The complainant, a co-pilot in Indian Airlines Corporation, had an insurance policy with Bajaj Allianz General Insurance Company - The policy was due for renewal, and the appellant issued a cheque for the premium, but it was returned due to insufficient funds - The insurer informed the appellant that the insurance had become void - Whether the bank’s failure to link Multi Option Deposits (MOD) to the savings account c India Law Library Docid # 2403681
(439) M/S. VOLVO INDIA PRIVATE LTD. Vs. M/S. KRISHNA CONSTRUCTION AND TRANSPORTATION[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Commercial Purpose - Defective excavator machine - The complainant purchased an excavator machine from the manufacturing company through the dealer - The machine was delivered with a warranty of 2500 hours of operation or 12 months - After operating 67 hours, the machine stopped working, and the complainant informed the dealer - The preliminary issue raised by the opposite parties was whether the complainant falls within the definition of ‘consumer’ under the Act - The dispute revolves around th India Law Library Docid # 2403682
(440) UNITED INDIA INSURANCE CO. LTD. Vs. TARA CHAND AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-03-2024 Consumer Law — Motor Accident — Repudiation of Claim — Insurance claim was repudiated due to non-production of the driver's license — Whether the insurance company was justified in repudiating the claim based on the non-production of the driver's license — The insurance company argued that the claim was rightly repudiated as the complainant failed to produce the driver's license, who was allegedly driving the vehicle at the time of the accident — Respondent argued that he was driving the vehicle India Law Library Docid # 2418429