(481) 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
(482) 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
(483) 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
(484) 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
(485) 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
(486) 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
(487) 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
(488) BABU RAM Vs. SARTAJ ALI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of — Limited — National Commission's revisional jurisdiction is narrow and confined to cases where State Commission exceeded jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — It cannot interfere with concurrent findings of fact by lower forums based on appreciation of evidence — Case involved concurrent findings of District and State Commissions, both of which dealt with the India Law Library Docid # 2414700
(489) SUBHASH KUMAR Vs. BRANCH MANAGER, BAJAJ ALLIANZE LIFE INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Delay in filing — Delay condoned for reasons stated in the application. India Law Library Docid # 2414702
(490) MOHD. SIDDIQUE KHAN Vs. FOREST DIVISIONAL OFFFICER (GENERAL)OFFICE OF FOREST DIVISION[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Auction purchaser — Purchaser in a public auction of existing sites is not considered a consumer under the Act, and the owner conducting the auction is not a trader or service provider — Grievances of an auction purchaser do not fall under the purview of the Consumer Protection Act. India Law Library Docid # 2414703
(491) DR. UMA KANT GUPTA AND ANOTHER Vs. GIRIJA DEVI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2024 CONSUMER PROTECTION ACT, 1986 SECTION 2(1)(g) DEFICIENCY IN SERVICE The District Commission allowed the complaint, directing compliance with operational orders, compensation for costs, agony, and legal expenses, with interest on delayed payment. The State Commission upheld this order. The revision petition challenged these concurrent findings. India Law Library Docid # 2414704
(492) UNITED INDIA INSURANCE COMPANY LTD. Vs. MANJULA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-04-2024 Consumer Protection Act, 2019 — Section 58 (1) (b) — Revision Petition — Limited scope — National Commission's revisional jurisdiction is extremely limited and should only be exercised when the State Commission has acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — Interference is warranted only if findings are against law, pleadings, evidence, or are perverse. India Law Library Docid # 2414696
(493) BISLERI INTERNATIONAL PRIVATE LIMITED Vs. MUKESH KHANDELWAL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-04-2024 Consumer Protection Act, 2019, Section 58(1)(b) — Revisionary Jurisdiction — Scope is limited — Can only be exercised if there is a prima facie jurisdictional error, or if the lower forum acted illegally or with material irregularity. India Law Library Docid # 2414697
(494) KOTAK MAHINDRA OLD MUTUAL LIFE INSURANCE CO. LTD. Vs. OM PRAKASH DUBEY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Powers of Revisional Court — The Court can only examine the legality, propriety, and correctness of the orders passed by lower Fora, not to re-evaluate evidence or conduct fresh inquiry. India Law Library Docid # 2414701
(495) M/S. MAHATMA GANDHI MISSION HOSPITAL AND OTHERS Vs. PARSHURAM LANDGE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope — The National Consumer Disputes Redressal Commission can entertain a revision petition against an order of the State Consumer Disputes Redressal Commission. India Law Library Docid # 2414350
(496) RENAULT INDIA PVT. LTD. AND ANOTHER Vs. SHAILENDER KUMAR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Jurisdiction — Limited Scope — National Commission's revisional power is restricted to cases where State Commission has exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Interference is not warranted with concurrent factual findings of District Forum and State Commission unless such errors are present. India Law Library Docid # 2414351
(497) ANAND LIFE SPACE DEVELOPMENT LLP AND OTHERS Vs. MOHIT BHALLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 2019 Section 51, 58 Appeal against State Commission's order Delay in filing appeal condoned in the interest of justice. India Law Library Docid # 2414355
(498) EAST INDIA TRANSPORT AGENCY Vs. DHARIWAL INDUSTRIES LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of Consumer — Commercial Purpose Exclusion — A company engaged in business activities and using transportation services for carrying goods to buyers for profit is not a consumer under the Act. India Law Library Docid # 2414356
(499) ZINA VARUGIS Vs. M/S. UMIYA BUILDERS AND DEVELOPERS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Dismissal of complaint as barred by limitation — Appellant booked a flat, paid substantial amount, agreement for sale, delayed possession, incomplete work admitted by respondent — State Commission dismissed complaint on limitation — Appellant contended offer of possession not valid as Occupancy Certificate not produced, continuing cause of action — Respondent contended delay due to appellant's requests, flat India Law Library Docid # 2414357
(500) DR. YASMEEN KHAN AND ANOTHER Vs. SABIHA HAMID MAJOR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeals against State Commission's order — Two cross appeals — One by doctor challenging order upholding complaint, another by patient seeking enhanced compensation — Both appeals emanate from the same order and based on same facts — Lead case taken as the one filed by the doctor. India Law Library Docid # 2414358