(541) SUNIL MEHTA Vs. IFFCO TOKIO GIC LIMITED AND OTHER[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 27-03-2024 The Consumer Protection Act, 2019 — Section 41 — Appeal against District Consumer Commission's order — Consumer complaint disallowed by District Commission, leading to appeal. India Law Library Docid # 2403816
(542) GREATER MOHALI AREA DEVELOPMENT AUTHORITY AND OTHER Vs. RAJ KUMARI[CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 27-03-2024 Consumer Protection Act, 2019 — Section 2(7) — Definition of Consumer — Onus on appellants to prove the complainant is not a consumer — Appellants failed to provide convincing evidence — Complainant falls under the definition of consumer. India Law Library Docid # 2403808
(543) BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. M/S. KAY VEE ENTERPRISES[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-03-2024 Consumer Protection Act, relevant provisions — Insurance Policy repudiation — Overloading of vehicle — Non-standard claim settlement — When a vehicle is overloaded, claims can be settled on a non-standard basis. The Supreme Court has held that claims should not exceed 75% of the admissible claim in such cases. India Law Library Docid # 2403671
(544) ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. Vs. M/S. PATEL TOURS AND TRAVELS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-03-2024 Motor Vehicles Act, 1988 — Section 165 — Claims Tribunals — Jurisdiction — Consumer Protection Act, 1986 — Jurisdiction of Consumer Fora — Dispute regarding damage to third-party property arising from motor vehicle accident falls under exclusive jurisdiction of Motor Accident Claims Tribunal (MACT) — Consumer Fora lack jurisdiction to entertain such claims — Consumer Protection Act provides additional remedies, but special law (Motor Vehicles Act) prevails over general law regarding accident cla India Law Library Docid # 2403672
(545) KESHWA NAND DWIVEDI AND OTHERS Vs. M/S. DLF UNIVERSAL LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 2019 — Section 69 — Limitation — Complaint barred by limitation — Complaint filed beyond two years from date of offer of possession — State Commission correctly dismissed complaint as barred by limitation. India Law Library Docid # 2403674
(546) DHFL PRAMERICA LIFE INSURANCE COMPANY LTD. Vs. SOHAN SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Housing loan insured under group credit life policy — Insurer repudiated claim alleging non-disclosure of pre-existing medical conditions — Deceased suffered heart attack, post-mortem confirmed as natural cause. India Law Library Docid # 2403677
(547) PAWAN HANS LIMITED Vs. NEW INDIA ASSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 1986 Section 19 Appeal against State Commission Order Dismissal of complaint. Consumer Protection Act, 2019 Section 2(7) Definition of Consumer Exclusion of commercial purpose. Held, Pawan Hans Ltd., a commercial entity engaged in business-to-business transactions with an insurance company for employee insurance, does not qualify as a consumer under the Act as the transaction was for a commercial purpose and not for earning livelihood by self-employment. The compla India Law Library Docid # 2403678
(548) AMBABEN WIDOW OF SHRI GOVINDBHAI JADAVBHAI KATHIRIA Vs. DEVISONAL MANAGER, NEW INDIA INSURANCE COMPANT LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — Limited — National Commission's power to interfere in appeals decided by State Commission is restricted to cases of jurisdictional error, illegality, or material irregularity, not to re-appreciate evidence or findings of fact. India Law Library Docid # 2403679
(549) K.A. NAGAMANI Vs. TATA MOTORS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 1986 — Section 13(4) — Discovery, Interrogatories, Summoning of Witnesses — Complainant, a practicing advocate, filed applications seeking discovery and interrogatories. Applications dismissed by District Forum. State Commission dismissed appeal. Held that proceedings under Consumer Protection Act are summary in nature. Machinery of Forum cannot be used for collecting evidence for a party. Such requests must relate to specific averments in pleadings and be material to th India Law Library Docid # 2403661
(550) SPUTNIK MEDICAL RESEARCH FOUNDATION Vs. PARVEEN KUMAR GARG AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Limited scope — National Consumer Disputes Redressal Commission's power to interfere with State Commission's order is limited to cases where the State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact based on appreciation of evidence. India Law Library Docid # 2403662
(551) S. LIQUAT HUSSAIN Vs. M/S COLORHOME DEVELOPERS P. LTD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — Limited scope — National Commission's revisional jurisdiction is extremely limited and should only be exercised when a State Commission has acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — Concurrent findings of fact by lower Fora are generally not interfered with in revision. India Law Library Docid # 2403663
(552) MANIDWEEP ASHWAM TRUST AND OTHERS Vs. SOMPURA NAVINCHANDRA CHUNILAL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 1986 — Section 2(1)(d) definition of "consumer" — Whether a trust engaged in constructing a temple can be considered a consumer. — State Commission correctly held that the Trust may not be a consumer as per the Act, especially when there was no documentary evidence to show that the construction of the temple was part of the Trust's stated objectives or that the temple was run by the Trust. India Law Library Docid # 2403668
(553) YOGENDRA SINGH GURJAR Vs. RAJASTHAN HOUSING BOARD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Consumer Complaint allowed by State Commission — Complainant dissatisfied with calculation of amount deposited and interest levied — Filed appeal seeking to set aside State Commission's order and for other reliefs. India Law Library Docid # 2403669
(554) PUNJAB NATIONAL BANK Vs. NAVANEET NAVALMAL PATVA THROUGH LRS. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-03-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Award of compensation for loss of sugarcane bagasse — Insurance company's liability — Bank's liability — Enhancement of compensation and interest rate sought by appellant — Setting aside of order regarding refund of excess amount by bank sought by bank. India Law Library Docid # 2403670
(555) KULDEEP SINGH AND OTHERS Vs. IMPROVEMENT TRUST AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2024 Consumer Protection Act, 1986, Section 2(1)(d) — Definition of 'Consumer' — Public Auction — Property purchased in public auction held for commercial purposes — Purchaser not a 'Consumer' — No further liability of seller for development or service — Transaction is sale of immovable property, not hiring of service. India Law Library Docid # 2403667
(556) NATIONAL INSURANCE COMPANY LTD. Vs. DHARAM SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-03-2024 Consumer Protection Act, 1986 — Deficiency in Service — Insurance Claim — Repudiation of claim for non-submission of driver's license — Complainant alleged written intimation of license details to insurer — Failure to produce supporting documents despite opportunities — Insurer and forums below wrongly shifted burden to insurer to verify license when complainant provided no verifiable details — Material irregularity by forums below. India Law Library Docid # 2403673
(557) NEW INDIA ASSURANCE CO. LTD. Vs. DAVINDER PAL SINGH KHOSA[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-03-2024 Consumer Protection Act, 2019 — Section 35 — Consumer Complaint — Insurance Claim — Personal Accident Policy — District Commission — Allowed complaint — Insurance Company appealed — Order challenged on grounds of authorized signatory and non-supply of policy terms — Appeal allowed, District Commission order set aside. India Law Library Docid # 2403624
(558) LIFE INSURANCE CORPORATION OF INDIA Vs. MS. DIPTY JAIN AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-03-2024 Consumer Protection Act, 1986 Section 12 Complaint filed by nominees of deceased life assured Repudiation of death claim by insurance company on grounds of suppression of material facts regarding prior surgery for obesity District Commission partly allowed complaint directing payment of sum assured, benefits, interest, compensation, and litigation expenses Appeal filed by insurance company Held, suppression of facts regarding obesity surgery not material to cause of death (heart attack) wh India Law Library Docid # 2403625
(559) P. MURUGAN AND OTHERS Vs. SAHRUDAYA HOSPITAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission dismissing complaint of medical negligence. Held, State Commission's finding not to be faulted as it was based on evidence and established legal principles for medical negligence, namely duty, breach, and resulting damage. India Law Library Docid # 2403675
(560) ORIENTAL INSURANCE COMPANY LTD. Vs. JAGTAR SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Consumer Protection Act, 1986 — Section 19 — Appeal — Delay condoned due to reasons mentioned in IA No.495 of 2014 in the interest of justice. India Law Library Docid # 2403676