(441) RAJASTHAN HOUSING BOARD Vs. MAHAVIR PRASAD TAK AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-03-2024 Consumer Law — Housing — Wrong allocation of house — The complainant applied for a house under the G-2-B category but was mistakenly placed in the G-2-A category by the Rajasthan Housing Board — Whether the Rajasthan Housing Board was deficient in service by not informing the complainant about the change in category — The petitioner argued that the notice for objections was published on 27.12.2011, and the mistake was typographical — They claimed no deficiency in service as the complainant did n India Law Library Docid # 2418430
(442) ESCORTS LTD. Vs. DEVA RAM AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-03-2024 Consumer Law — Motor Vehicle — Manufacturing Defects — Respondent purchased a tractor, which had a manufacturing defect. Despite repairs, the tractor did not function properly —Whether there was a manufacturing defect in the tractor and if the compensation awarded by the State Commission was justified —Petitioner argues that the tractor was sold in perfect condition, and no expert report was provided to prove the defect — The complaint should be dismissed — Respondent statest that the defect was India Law Library Docid # 2418431
(443) VIMLA DEVI AND OTHERS Vs. LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-03-2024 Consumer Law — Life insurance policies— Non-disclosure pre-existing policies — The complainant filed a claim for her late husband's four life insurance policies — The Life Insurance Corporation (LIC) initially rejected three of these claims due to non-disclosure pre-existing policies — Whether the non-disclosure of past medical conditions and previous policies by the insured justified the repudiation of the claims by LIC — The complainant argued that the medical records were not properly proven India Law Library Docid # 2418428
(444) NATIONAL INSURANCE CO. LTD. Vs. MRS. ABHA BANSAL[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2024 Mediclaim – Mediclaim policy with National Insurance Co. Ltd. - A dispute arose when a cheque for renewal was not cleared due to banking issues, and she was not informed of the policy lapse - The main issue was whether there was a deficiency in service by the insurance company for not informing about the cheque dishonour and policy lapse - National Insurance argued that there was no contract of insurance at the loss date, the wrong account number was mentioned on the cheque by Respondent and ren India Law Library Docid # 2403356
(445) SRI SHIBNATH BANERJEE Vs. SRI ASHOKE ROY AND OTHERS[WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2024 Housing - Non-delivery of possession of flats - The complainant filed a case against developers regarding the non-delivery of possession of flat - The main issues are whether the complainant is a ‘consumer’, if there was any deficiency in service, and if the complainant is entitled to the reliefs sought - The complainant argued that the developers failed to deliver possession of the flats and complete the construction as agreed, causing mental agony and financial loss - The developers contended India Law Library Docid # 2403357
(446) JATIN BANSAL Vs. M/S AMAZON RESELLER SERVICES PVT. LTD.[CHANDIGARH U.T. CONSUMER DISPUTES REDRESSAL COMMISSION] 12-03-2024 Consumer Protection (E-Commerce) Rules, 2020 - The complainant ordered a pair of “Marc Jacobs” branded socks from Amazon, but received a different brand named “MARC” - He was unable to return or replace the item and sought legal remedy for deceptive practices - The main issues were whether the opposite parties depicted/offered “Marc Jacobs” brand but delivered a different product, whether the product falls within the refund policy, and whether the Commission has pecuniary jurisdiction to decide India Law Library Docid # 2403352
(447) PIARA SINGH RANA Vs. RAM KUMAR AGGARWAL[CHANDIGARH U.T. CONSUMER DISPUTES REDRESSAL COMMISSION] 12-03-2024 Consumer Protection Act, 2019 - Section 69 - Limitation Period - Petitioner/Complainant purchased a plot which later turned out to be unfit for the intended use - He made full payment in 1993 and, after legal proceedings, a sale deed was executed in 1998 - The complaint was dismissed by the District Commission as being barred by limitation, leading to this appeal - Petitioner argued that the respondent failed to inform about the shifting of its office, which led to difficulties in tracing them India Law Library Docid # 2403353
(448) LALIT BINDAL Vs. S.K. VERMA AND OTHERS[CHANDIGARH U.T. STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2024 Condonation of delay - Delay in filling petition - The revision petition challenges an order allowing a consumer complaint, with the petitioner having previously attempted an appeal that was not entertained due to insufficient deposit - The core issue is the condonation of a 479-day delay in filing the revision petition, which the petitioner attributes to procedural irregularities, health issues, and incorrect legal advice - The petitioner contends that the grounds for condonation of delay in a India Law Library Docid # 2403354
(449) AMIT CHADHA AND OTHER Vs. INTERGLOBE AVIATION LIMITED[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2024 Appellants filed a complaint against Respondents for stolen items and damages, seeking compensation for mental agony and litigation costs - The appeal challenges the dismissal of the complaint by the District Consumer Disputes Redressal Commission due to non-appearance of the appellants’ previous counsel - The appellants argued that their previous counsel failed to appear without reason, leading to the dismissal of their case, and they were unaware of the dismissal until they engaged a new couns India Law Library Docid # 2403355
(450) KARAMVEER KAUR Vs. GIAN CHAND RANGWALA MEMORIAL HOSPITAL AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-03-2024 Medical Negligence –The complainant alleges that the OPs failed to properly diagnose her unborn child's condition, Hydranencephaly, during a level 2 ultrasound scan conducted in July 2015 0 Her child was born with the condition in December 2015 - The complaint alleges that the OPs who conducted the ultrasound scan were not qualified to do so, and that they failed to report the abnormalities in the scan - The complainant seeks compensation for the medical expenses incurred due to her child's cond India Law Library Docid # 2403037
(451) SUNIL KUMAR MADAN (SINCE DECEASED) Vs. ICICI LOMBARD GENERAL INSURANCE COMPANY AND OTHERS[CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION] 05-03-2024 Consumer Protection Act, 2019 - Section 41- Condonation of Delay – Delay of 243 days - The appellants, legal representatives of the deceased challenged the order that allowed a consumer complaint (No. CC/1110/2019) - An application for condonation of delay in filing the appeal, which was contested by the respondents - The appellants sought to condone a 243-day delay in filing the appeal, citing reasons such as the ill health of the complainant’s wife and the unavailability of their counsel - Sec India Law Library Docid # 2403033
(452) KANWALPREET KAUR Vs. ICICI PRUDENTIAL LIFE INSURANCE CO. LTD AND OTHERS[CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION] 05-03-2024 Insurance Claim – Suicide - ‘A’, insured under ICICI Pru Group Loan Secure Policy, died due to a gunshot injury - The insurance company refused the claim, suggesting suicide, but paid 80% of the premium - The District Commission directed the insurance company to pay the outstanding loan amount with interest - The Commission found the death accidental, not suicidal, and directed the insurance company to pay the full insured amount plus additional accidental death benefit, with the first charge to India Law Library Docid # 2403034
(453) SALLIMUDDIN M. SHAIKH Vs. M/S.K.K. CONSTRUCTION AND OTHERS[MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 04-03-2024 Housing – Delay in Possession - In November 2011 Complainant purchased a flat in a proposed complex being constructed by Opponent - He made a partial payment of Rs. 18,00,000 towards the total agreed-upon purchase price of Rs. 26,75,000 - The complaint alleges that the possession of the flat was not handed over within the stipulated time frame – Complainant claims that the builder failed to obtain necessary permissions and certificates, causing delays in construction - He also alleges that the b India Law Library Docid # 2403036
(454) ABHINITH KISHORE Vs. BHARATI AXA GENERAL INSURANCE CO. LTD. AND OTHERS[TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 04-03-2024 Health Insurance Policy – The appellant/complainant had taken a Health Insurance Policy for his family (himself, wife and son) - The son was diagnosed with Infantile Esotropia at the age of 4 months - The complainant made a claim for the surgery expenses of Rs.73,500/- which was repudiated by the opposite parties on the ground that the claim is rejected as it is congenital external and also correction surgery is cosmetic - The District Commission dismissed the complaint stating that the policy w India Law Library Docid # 2403038
(455) ARIHANT CLOTHINGS (P) LIMITED Vs. THE SENIOR DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD.[KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 02-03-2024 Marine Cargo Open Policy - The complainant had taken a Marine Cargo Open Policy from respondent, to cover their textile goods during transport for export purposes - The consignment of textile goods was damaged due to flood water at the Chennai Port on 14.12.2015 - The complainant filed a claim with the insurance company for the damages incurred - The insurance company repudiated the claim on the ground that the complainant did not have an insurable interest in the goods at the time of the damag India Law Library Docid # 2403035
(456) FORCE MOTORS LIMITED Vs. RAVINDRAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-02-2024 Consumer Law - Defective Vehicle - The petitioner challenges the order of the State Commission, Kerala, which upheld the order of the District Forum, Palakkad, in favor of the respondent a consumer who purchased a defective auto-rickshaw from the petitioner.- The respondent alleges that the auto-rickshaw failed to deliver the promised mileage of 35 km per litre, had excessive fuel consumption and engine issues, and became unserviceable during the warranty period, despite repeated attempts to rec India Law Library Docid # 2402817
(457) BASANTA MOHAPATRA AND ANOTHER Vs. DR. ANURADHA MITTAL, MD (PAEDIATRIC) AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-02-2024 Consumer Law - Medical negligence - Treatment of a 9-year-old child - Died of dengue shock syndrome - The complainants are the parents of the deceased child, who claim that the opposite parties failed to diagnose and treat their daughter properly, and did not have adequate facilities or protocols for dengue management - The opposite parties deny the allegations and contend that they followed the standard of care and the guidelines for dengue fever, and that the child’s condition deteriorated su India Law Library Docid # 2402815
(458) SUPERB MRI AND C.T. SCAN Vs. KANAV CHOPRA (MINOR) AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-02-2024 Consumer Law - Medical negligence by a scanning centre and its doctor - Incorrect MRI Report - The complainant is a minor who lost his left eye-sight due to a malignant growth that was not detected by the scanning centre in the first MRI scan conducted on 13-01-2007, despite the presence of symptoms and images indicating the same - The scanning centre and its doctor appealed against the order of the state commission, which had awarded compensation of Rs. 20 lakhs, expenses of Rs. 10 lakhs, and India Law Library Docid # 2402816
(459) UNITED INDIA INSURANCE COMPANY AND OTHERS Vs. H.P. LATHA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-02-2024 Consumer Law – Insurance - Whether the insurance company is liable to pay the full insured amount to the complainants, who suffered total loss of their plant, machinery, and stocks, or only the amount assessed by the surveyor, who deducted some items and applied average clause - The commission modified the order of the State Commission, which had partly allowed the complaints, and reduced the amount to be paid by the insurance company, based on the actual value of the plant and machinery, the li India Law Library Docid # 2402818
(460) PRAMOD KHUSHWAH Vs. THE ORIENTAL INSURANCE COMPANY LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-02-2024 Consumer Law - Insurance - Claim for insurance of stolen vehicle - The petitioner argues that not having a permit or fitness certificate for his vehicle was not a fundamental breach of the policy terms and conditions, and that the vehicle was not being used as a taxi at the time of theft - The respondent contends that the petitioner violated the statutory provisions of the Motor Vehicles Act by using a transport vehicle without a valid permit or fitness certificate, and that this entitled the in India Law Library Docid # 2402819