(461) UNITED COMMERCIAL BANK Vs. AMARJEET SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-05-2024 Consumer Protection Act, 1986 — Deficiency in service — Insurance — Pradhan Mantri Suraksha Bima Yojana (PMSBY) — Bank's failure to process application for wife of account holder — Wife died before premium deduction — Bank rejected claim India Law Library Docid # 2415372
(462) SMT. BUDHWARA CHOUHAN W/O. LATE SHRI JAGATRAM AND OTHERS Vs. MANAGER/ PROPRIETOR, VENUS HOSPITAL RAIGARH,DR. SUNIL RATRE AND OTHERS[CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Consumer Protection Act, 2019 — Section 41 — Appeals — Dismissal of complaints by District Commission — Similar questions of law and facts — Common order for disposal. India Law Library Docid # 2415036
(463) THE ORIENTAL INSURANCE COMPANY LTD Vs. SMT. KAVERIBAI AND OTHERS[MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION] 14-05-2024 Insurance Law — Mediclaim Policy — Claim Rejection — Policyholder's hospitalization period overlapped with renewal — Claimant chose to claim under the expired policy — Insurance company paid amount under the expired policy up to the sum assured — No liability under the renewed policy for the same hospitalization period — District Commission's order to pay additional amount under new policy set aside. India Law Library Docid # 2415037
(464) THE MANAGER, KOTAK MAHINDRA BANK LTD. AND OTHERS Vs. PARTAP SINGH SON OF SAWARAJ SINGH[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Insurance — Motor Vehicle Insurance — Repossession of vehicle — Consumer Protection — Deficiency in service — Financier wrongfully repossessed a financed tractor without proper notice or auction proceedings, leading to a deficiency in service claim by the consumer. India Law Library Docid # 2415038
(465) HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND OTHERS Vs. SHUBH LATA AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Insurance Law Loan Insurance Policy Repudiation of Claim Interpretation of "Major Medical Illness" The court examined whether Acute Kidney Injury (AKI), as a cause of death, fell under the "Major Medical Illness" clause of a loan credit assurance policy, which specifically mentioned End Stage Renal Failure. The court distinguished between acute and chronic conditions, analyzed medical definitions, and reviewed the insured's medical records, particularly diagnosing "CLD c HRS" (Chronic Liver India Law Library Docid # 2415040
(466) M/S JABALPUR TRACTORS PVT.LTD. Vs. AIR COMMAND INDIA LIMITED AND OTHERS[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Consumer Protection Act, 1986 Execution Proceedings Compromise A consumer who received partial payment and continued to use the goods for a prolonged period without raising objections at the time of compromise is deemed to have accepted the compromise. India Law Library Docid # 2415041
(467) OFFICER-IN-CHARGE AND ANOTHER Vs. AMRITLAL YADAV[MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-05-2024 Consumer Protection Act, 1986 — Deficiency in Service — Electricity Supply — Complainant failed to prove deficiency in service by electricity company by not providing evidence such as sealed and receipted complaints, affidavits from other consumers, or testimonies from persons who prepared a panchnama regarding a non-functioning transformer — Allegations of inflated bills during a period when transformer was claimed to be burnt were unsubstantiated — Electricity company's affidavit confirmed con India Law Library Docid # 2415042
(468) 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
(469) 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
(470) 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
(471) 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
(472) 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
(473) 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
(474) 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
(475) 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
(476) 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
(477) 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
(478) 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
(479) 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
(480) 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