(461) LAXMI MAHILA SAHAKARI BANK LTD. Vs. POPAT MARUTI CHAVAN (THROUGH LRS.) AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-02-2024 Consumer Law - Jurisdiction Issue - Revision petition filed by Petitioner-Bank against an order passed by the State Commission Maharashtra in favor of the complainant who was an executive director at the bank and claimed retirement pay - The main issue raised by the petitioner is whether the complainant can approach the consumer forum for his retiral benefits, as he does not fall under the definition of a consumer under the Consumer Protection Act, 1986 - The petitioner relies on various judgmen India Law Library Docid # 2402820
(462) SAHEDUL RAHMAN Vs. PRATAP SINGH ASWAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-02-2024 Consumer Law – Incomplete and Defective Construction Work - The contractor challenges the order of the State Commission that dismissed his appeal against the order of the District Forum that allowed the consumer’s complaint for incomplete and defective construction work of his house - The contractor argues that the State Commission should not have dismissed his appeal for want of prosecution due to his absence, but should have decided it on merits, as per the precedents of the Supreme Court and India Law Library Docid # 2402821
(463) VIJAY KAPOOR (SENIOR CITIZEN) Vs. NATIONAL INSURANCE COMPANY LTD.[GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 16-02-2024 "Medical Policy Discontinuation Upheld: No Deficiency or Mis-selling Found” - Insurance Policy – Whether discontinuation of the policy did not amount to deficiency of service and that Complainant had migrated to a new policy with continuity benefits - Complainant had an ongoing medical insurance policy called BOI National Swasthya Bima Policy, which was discontinued by the insurance company in 2018 - He claimed that this was an arbitrary repudiation of the contract and that he was mis-sold a new India Law Library Docid # 2402604
(464) MUNICIPAL COUNCIL JALORE AND OTHERS Vs. ALLAHBUX AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 Consumer Law — Status as service providers —The petitioners, Municipal Council Jalore received money for issuing Lease Deeds/Patta but raised technical objections regarding their status as service providers and the registration of the agreement to sell — Whether the petitioners are service providers and if the agreement to sell needs to be registered — The petitioners argued that they are not service providers and that the agreement to sell was not registered — The respondents did not appear des India Law Library Docid # 2418427
(465) ASHWINDER KAUR AND OTHER Vs. OMAXE CHANDIGARH EXTENSION DEVELOPERS PVT. LTD[CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T.] 15-02-2024 "Commercial Unit Commitment Fee Dispute: Appeal Upheld, Partial Compensation Awarded” - Housing – Commitment Charges of Commercial Unit - The appellants filed an appeal against the order of the District Commission, which dismissed their complaint against the respondent for not paying commitment charges for a commercial unit they purchased - Delay in filing the appeal condoned - The appellants explained that they misplaced the impugned order and could not file the appeal in time - The State Commi India Law Library Docid # 2402597
(466) YES BANK LIMITED Vs. SHASHI KUMAR AND OTHER[CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T.] 15-02-2024 "Section 138 Not a Shield: Bank Found Guilty of Deficiency for Lost Cheque” - Consumer Law - Deficiency in service - Case filed by Yes Bank Limited against the order of the District Consumer Disputes Redressal Commission, which held them liable for deficiency in service and unfair trade practice for losing a cheque of Rs. 25,000/- that was returned to the complainant - The appellants argued that the courier company was solely responsible for the loss of the cheque and that the complainant could India Law Library Docid # 2402598
(467) BSES YAMUNA POWER LTD Vs. MRS. KIRAN SINGH[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 "Consumer courts cannot entertain complaints against power bills assessed under the Electricity Act, 2003” - Consumer Law – Electricity bill – An appeal filed by BSES Yamuna Power Ltd against a consumer who challenged the power bill assessed by the appellant - The consumer alleged that the appellant transferred the dues of another connection, which was disconnected due to non-payment, to her connection without any basis - She claimed that she was living on the first floor, while the disconnected India Law Library Docid # 2402600
(468) MR. SATISH KUMAR YADAV AND OTHERS Vs. RAMA PALACES AND RESORTS PRIVATE LIMITED AND OTHERS[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 "No More Excuses! Builder Must Pay for Delaying Possession in Neemrana's Highway Cruise Project” - Housing - Delay in possession of commercial spaces - Complaint filed by various buyers against a builder for delay in possession of commercial spaces - The complainants booked various office/shops/studio with the opposite party in a project called "Highway Cruise” in Neemrana, Rajasthan - The opposite party failed to complete the construction and deliver the possession by 2017 as per the agreement India Law Library Docid # 2402601
(469) MR. RAJESH MALIK AND OTHER Vs. RUDRA BUILD WELL CONSTRUCTION PVT. LTD[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 "No Escape for Builder: Commission Rejects All Defenses, Orders Refunds & Compensation” - Housing - The complainants filed a case against the opposite party for failing to deliver the possession of a flat booked in 2007 within the stipulated time and sought refund and compensation - The opposite party contested the case on the grounds of limitation, arbitration clause, and absence of cause of action - The commission rejected the opposite party’s objections and held them liable for deficiency of India Law Library Docid # 2402602
(470) ANKIT KHURANA Vs. SIKKA INFRASTRUCTURE PVT. LTD.[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 "Illegal Booking Cancellation Costs Builder Dear: Full Refund, Compensation Awarded" - Housing - Deficiency in service - The complainant had booked a flat with the opposite party in 2012, but the construction was delayed and the booking was terminated by the opposite party in 2014 - The complainant sought refund of the amount paid along with interest and compensation for mental agony and harassment - The commission held that the complainant was a consumer under the Consumer Protection Act, 1986 India Law Library Docid # 2402603
(471) PRADEEP DAYMA Vs. UNITY EARTHTECH AND OTHERS[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-02-2024 Complainant purchased a Hyundai Hydraulic Excavator Machine for Rs. 51,00,000/- from O.P - The machine was financed by HDB Financial Services Limited - A landslide caused extensive damage to the machine, which got buried under earth and debris – Complainant promptly informed the dealer about the accident - The insurance company’s surveyor assessed the damage and accepted liability - Despite the incident, both the dealer and the insurance company failed to provide any remedy to complainant for ov India Law Library Docid # 2402605
(472) ARIF YUSUF BOOKWALA AND OTHERS Vs. HONGKONG AND SHANGAI BANKING CORPORATION LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-02-2024 Banking Law – Credit Card - Deficiency in service and unfair trade practice - Lack of documentary evidence - (HSBC) and Master Card Inc. - The order sets aside the previous order of the State Consumer Disputes Redressal Commission, Maharashtra, Mumbai which dismissed the complaint for lack of documentary evidence and remands the matter back to the State Commission for decision afresh - The order finds that the respondents failed to identify and rectify the technical glitches that caused the dec India Law Library Docid # 2402576
(473) P. DAVID WILDSON Vs. JANANI HOMES PRIVATE LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-02-2024 Housing - The complainant filed a complaint against Respondent for failing to deliver the possession of a villa as per agreement and demanded various compensations - The opposite party denied any deficiency in service and claimed that the construction was completed within the stipulated time - The opposite party also raised some preliminary objections regarding the jurisdiction and validity of the complaint - The Commission dismissed the complaint and held that the complainant was not entitled India Law Library Docid # 2402574
(474) DR. MAHTAB SINGH AND ANOTHER Vs. RAMPRASTHA PROMOTERS DEVELOPERS (PVT) LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-02-2024 Housing – Delay in delivery of Flat - The complainants filed a case against the opposite parties for failing to deliver the possession of a flat booked by them the stipulated time and sought refund of the amount paid by them with interest and compensation - The opposite parties contested the case on the grounds that the delay was due to reasons beyond their control (force majeure), the complainants were not consumers, the dispute was subject to arbitration, and the National Commission did not ha India Law Library Docid # 2402575
(475) SHIV KUMAR MISHRA Vs. TATA AIG GENERAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-02-2024 Consumer Law — Loss of eye sight — Petitioner filed a claim for personal accident insurance after losing his eyesight in an accident — Respondent-Insurance company rejected the claim, citing discrepancies and lack of evidence — Whether the loss of eyesight was due to the accident and if the insurance claim was valid — The petitioner argued that the loss of eyesight was solely due to the accident and presented a disability certificate as evidence — The respondent contended that the loss of eyesig India Law Library Docid # 2416768
(476) DR. JOY'S HOSPITAL FOR WOMEN AND CHILDREN AND ANOTHER Vs. SABYMOL C.M. ALIAS SABYMOL NAZEER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-02-2024 The present Revision Petition has been filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 2019 (the “Act”) against impugned order dated 20.12.2018, passed by the State Consumer Disputes Redressal Commission, Kerala (‘for short ‘State Commission’) in First Appeal No. 313 of 2014. In this appeal, the Petitioners/OPs appeal was partly allowed and was disposed of with modification by reducing compensation on account of mental agony amount to Rs.3,00,000/- instead of Rs.5,00, India Law Library Docid # 2402573
(477) DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA Vs. SHRIRAJ AMAR MAHAGAONKAR AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-02-2024 Consumer Protection Act, 1986 - Section 21(b) - The nominee claimed the insurance amount after the policyholder’s death, but the company repudiated the claim on the ground of non-disclosure of material facts, such as diabetes and cardiac disease, by the policyholder at the time of obtaining the policies - The nominee filed a complaint before the District Forum, which partly allowed the complaint and directed the company to pay the insurance amount with interest and compensation - The company app India Law Library Docid # 2402569
(478) SUPERINTENDENT OF POST OFFICES AND ANOTHER Vs. PRAMIL KUMAR PANDA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-02-2024 Indira Vikas Patra Rules, 1986 - Rule 7(2) - Consumer Protection Act, 2019 - Section 58(1)(b) - Indira Vikas Patra (IVP) - Revisional Jurisdiction - The respondent/complainant claimed to have purchased Indira Vikas Patra (IVP) worth Rs. 6,50,000/- which were lost and sought payment of maturity value from the petitioner/opposite party, the postal authorities - The District Forum and the State Commission allowed the complaint and directed the petitioner/opposite party to pay the maturity value o India Law Library Docid # 2402570
(479) C.M.O.H., M.R. BANGUR HOSPITAL AND ANOTHER Vs. TANMOY MAJHI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-02-2024 Medical Negligence – Permanent physical disability of the complainant - The District Forum partly allowed the complaint and directed the OP-2 (Dr. Deb) to pay Rs. 9 lakhs as compensation and Rs. 20,000 as litigation cost to the complainant - The State Commission dismissed the appeal filed by the OP-2 and upheld the District Forum order - The OPs filed a revision petition before the National Commission, challenging the orders of the lower fora on various grounds, such as limitation, maintainabili India Law Library Docid # 2402571
(480) STATE BANK OF INDIA AND OTHERS Vs. GOVIND LAL SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-02-2024 Cosumer Law — Banking Services — Unauthorized withdrawals — The complainant reported unauthorized withdrawals totaling Rs. 3,60,000 from his SBI account — Despite having his ATM card, the transactions occurred without his knowledge — The main issue was whether there was a deficiency in service by the bank, leading to the unauthorized withdrawals — SBI argued that the withdrawals were not their fault, citing the Banking Ombudsman's closure of the complaint, lack of CCTV footage, and the possibili India Law Library Docid # 2418432