(441) SMT. RAMSHRI TOMAR Vs. CHOLAMANDLAM MS GENERAL INSURANCE COMPANY LIMITED THROUGH MANAGER AND OTHER[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Insurance Law — Motor Vehicle Insurance — Theft Claim — Repudiation — Delay in Intimation — Policy Conditions — Violation — Insured's duty to give immediate notice to police and insurance company in case of theft is a crucial policy condition to enable police machinery to initiate recovery efforts. Failure to provide timely notice without a valid explanation amounts to a breach of contract, allowing the insurer to repudiate the claim. India Law Library Docid # 2415043
(442) ORIENTAL INSURANCE CO.LTD. AND OTHERS Vs. SHAILENDRA KUMAR PATEL[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION,] 13-05-2024 Consumer Protection Act, 1986 — Sections 2(1)(g), 15 — Insurance — Motor vehicle accident — Claim for total loss — Complainant's vehicle met with accident, engine and gear box went missing — Complaint alleging deficiency in service by insurance company for non-payment of total loss claim — Insurance company admitting insurance, surveyor appointment, and non-payment, denying other allegations — Insurance company stating it is complainant's responsibility to safe guard the vehicle after accident, India Law Library Docid # 2415039
(443) UNITED INDIA INSURANCE CO. LTD. Vs. M/S. KHADI UDHYOG[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-05-2024 Consumer Protection Act, 2019 Section 51 First Appeal Condonation of delay Delay of 67 days in filing appeal was condoned in the interest of justice. India Law Library Docid # 2414900
(444) TELCO CONSTRUCTION EQUIPMENT CO. LTD. AND OTHERS Vs. STONE INTERNATIONAL PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-05-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of "consumer" — Exclusion of goods for "commercial purpose" — Amendment of 2003 — Interpretation — Excavator purchased by a private limited company for commercial use — Excluded from the definition of "consumer" under the Act, as amended in 2003. India Law Library Docid # 2414898
(445) DR. TRIPTI DAS AND ANOTHER Vs. DR. PHANI BHUSAN MANDAL ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-05-2024 Consumer Protection Act, 2019 — Section 50 — Review by State Commission — Power to review only if there is an error apparent on the face of the record — A review application seeking reassessment of submissions, which were not considered, does not constitute an error apparent on the face of the record and amounts to seeking a rehearing or rewriting of the original order, exceeding the review jurisdiction. India Law Library Docid # 2414899
(446) PARULBEN SHAILESBHAI CHUNARA Vs. DR. VINAYKUMAR C. SINHMALTIDEV MATERNETY HOSPITAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-05-2024 Consumer Protection Act, 2019 — Section 21(b) — Revision Petition — Medical Negligence — Standard of care — District Forum found negligence for delayed referral to another hospital; State Commission reversed, finding timely referral to preserve life. Held, referral was necessary and appropriate and did not constitute negligence. India Law Library Docid # 2414902
(447) SANJEEV GROVER Vs. M/S. STAR HEALTH & ALLIED INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-05-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Delay in filing — Condoned on reasons stated in IA No. 1409 of 2023. India Law Library Docid # 2414903
(448) BAJAJ ALLIANZ LIFE INSURANCE CO. LTD. AND ANOTHER Vs. CHANDERSHEKARAPPA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-05-2024 INSURANCE LAW Contract of Insurance Utmost Good Faith Duty of disclosure Insured has a duty to disclose all material facts concerning their health when applying for an insurance policy. Failure to disclose pre-existing ailments constitutes a fundamental breach of the policy, rendering it voidable. India Law Library Docid # 2414901
(449) M/S. SHAH VADILAL JETHALAL Vs. NEW INDIAASSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-05-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission's order — Grounds for appeal raised by complainant company. India Law Library Docid # 2414904
(450) LIFE INSURANCE CORPORATION OF INDIA Vs. SHUBHALAXMI SHANKAR SHETTY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-05-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Delay in filing — Condonation of — Delay of 49 days in filing appeal held condonable in the interest of justice. India Law Library Docid # 2414905
(451) ZONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. SUNIL KUMAR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-05-2024 Insurance Law — Motor T.P. Claims Tribunal — Motor Vehicles Act, 1988, Section 163A — Compensation — Whether victim entitled to compensation under Section 163A for injuries as well as death — Held, compensation under Section 163A of the Act is only compensatory in nature and not penal.Therefore, the victim is entitled to compensation for injuries as well as death. India Law Library Docid # 2414907
(452) UNITED INDIA INSURANCE COMPNAY LTD Vs. SUKH LAL SONI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-05-2024 Consumer Protection Act, 1986/2019 — Revisional Jurisdiction — Powers of National Commission — Limited scope — Can only interfere if State Commission acted beyond its jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact based on appreciation of evidence. India Law Library Docid # 2414908
(453) H. WADHWA Vs. BSES RAJDHANI POWER LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-05-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Limited Jurisdiction — Revisional powers of the National Commission are extremely limited and can only be exercised when a State Commission has acted without jurisdiction, failed to exercise vested jurisdiction, or acted illegally or with material irregularity. India Law Library Docid # 2414909
(454) KINGSTON PROPERTIES PVT. LTD. AND ANOTHER Vs. NARAYAN PRASAD GOENKA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-05-2024 Consumer Protection Act, 1986 — Sections 19, 21(a)(ii) — Maharashtra Ownership Flats Act, 1963 (MOFA) — Section 4, Section 8 — Deficiency in Service — Unfair Trade Practice — Limitation — Withdrawal of Complaint — Pecuniary Jurisdiction — Second Complaint — Bona fide Prosecution of Proceedings — Complainants initially filed a complaint within limitation before District Forum; withdrew it due to lack of pecuniary jurisdiction; and subsequently refiled before State Commission — Where India Law Library Docid # 2427306
(455) THE INDIAN INSTITUTE OF METALS THROUGH ITS SECRETARY GENERAL Vs. SARAT KUMAR K[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-05-2024 Consumer Protection Act, 2019 — Section 51 (2) — Second Appeal — Delay Condonation — Grounds for condonation are insufficient — Appellant's claims of not being informed by counsel and issues with obtaining copies are not credible, contradicting evidence of free copy dispatch and filing of a review application. India Law Library Docid # 2414906
(456) DR. SANDEP SINGH SANDHU Vs. AMARJIT KAUR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-05-2024 Consumer Protection Act, 1986 — Medical Negligence — Burden of Proof — Once complainant proves negligence and injury, onus shifts to doctor to prove no lack of care. India Law Library Docid # 2414910
(457) BRANCH MANAGER, CENTRAL BANK OF INDIA AND ANOTHER AND OTHER Vs. RAJINDER AND COMPANY ENGINEER AND CONTRACTOR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-05-2024 Consumer Protection Act, 1986 — Deficiency in Service — Auto-renewal of Fixed Deposit — Bank's manual stipulated auto-renewal for one year if no mandate given and no lien exists — FD was not renewed annually with accrued interest, but only principal was notionally renewed impacting interest calculation — Held liable for deficiency in service. India Law Library Docid # 2414911
(458) LIFE INSURANCE CORPORATION OF INDIA & ANR. Vs. C.D SANJAY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Delay in filing — Condoned due to facts and circumstances of the case. India Law Library Docid # 2414695
(459) CROSS TRADE LINKS Vs. ECGC LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Protection Act, 2019 — Section 69 — Limitation for filing complaint — Complaint must be filed within two years from the date of cause of action — Exception for sufficient cause applies — Condonation of delay is a matter of discretion, not a right — Petitioner failed to provide sufficient cause for delay in filing the complaint. India Law Library Docid # 2414698
(460) PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. AND ANOTHER Vs. ANANTHARAMEGOWDA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Protection Act, 2019 Section 58(1)(b) and Consumer Protection Act, 1986 Section 21(b) Revisionary Jurisdiction Limited National Commission's power to interfere with State Commission's order is restricted to cases where State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted with illegality or material irregularity Concurrent findings of fact by District Forum and State Commission on appreciation of evidence are generally not t India Law Library Docid # 2414699