(581) 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
(582) 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
(583) 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
(584) 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
(585) 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
(586) 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
(587) 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
(588) RAVI DEVELOPMENTS Vs. VIJAY KUMAR BAJAJ AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Consumer Protection Act, 1986 — Section 19 — Appeals against State Commission orders — Multiple appeals with similar facts and law can be disposed of by a common order. India Law Library Docid # 2403680
(589) STATE BANK OF INDIA Vs. CAPT. JOSE HORMESE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Enhancement of compensation — Appellant, a co-pilot, had insurance policy with Bajaj Allianz — Cheque for premium issued by appellant to insurer was returned by respondent bank for insufficient funds due to bank's failure to link Multi Option Deposits (MOD) to savings account — Insurer declared policy void — Appellant pursued matter with bank, which acknowledged its lapse — Appellant had to fly approximately India Law Library Docid # 2403681
(590) M/S. VOLVO INDIA PRIVATE LTD. Vs. M/S. KRISHNA CONSTRUCTION AND TRANSPORTATION[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-03-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of 'consumer' — Commercial purpose — Self-employment — Explanation to Section 2(1)(d) defines 'commercial purpose' to exclude use of goods and services exclusively for earning livelihood by self-employment — Case law clarifies that "self-employment" connotes a person using machinery solely by himself and family members, distinct from employing workmen for trade — Burden of proof lies on the consumer to establish use solely for self-emp India Law Library Docid # 2403682
(591) UNITED INDIA INSURANCE CO. LTD. Vs. TARA CHAND AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-03-2024 Consumer Protection Act, 1986 Section 21(b) Revision Petition Limited Jurisdiction Revisional jurisdiction of the National Commission is limited to cases where the State Commission has exercised jurisdiction not vested by law, failed to exercise vested jurisdiction, or acted illegally or with material irregularity. The National Commission cannot interfere with concurrent findings of fact by the District Forum and State Commission based on appreciation of evidence. India Law Library Docid # 2418429
(592) RAJASTHAN HOUSING BOARD Vs. MAHAVIR PRASAD TAK AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-03-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Condonation of Delay — Delay of 10 days in filing revision petition condoned based on reasons stated in application. India Law Library Docid # 2418430
(593) ESCORTS LTD. Vs. DEVA RAM AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-03-2024 Consumer Protection Act, 1986 Section 21(b) Revision Petition Delay in filing Condonation of Delay of one day in filing the revision petition was condoned by the bench. India Law Library Docid # 2418431
(594) VIMLA DEVI AND OTHERS Vs. LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-03-2024 Insurance Act Disclosure of past medical history and existing policies in proposal form Non-disclosure or concealment of material facts can be a valid ground for repudiating an insurance claim. India Law Library Docid # 2418428
(595) NATIONAL INSURANCE CO. LTD. Vs. MRS. ABHA BANSAL[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2024 Consumer Protection — Deficiency in Service — Mediclaim Policy — Renewal — Dishonoured cheque — Insurance company's failure to inform policyholder of dishonoured premium cheque for renewal — Policy lapsed due to procedural banking reasons — Previous policy's renewal fees cheque encashed — Insurance company liable for deficiency in service for not informing policyholder of cheque dishonour and potential policy lapse. India Law Library Docid # 2403356
(596) SRI SHIBNATH BANERJEE Vs. SRI ASHOKE ROY AND OTHERS[WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2024 Consumer Protection Act, 1986 — Section 17 — Complaint Case — Developers failed to hand over possession of flats and pay agreed consideration amount despite signing MoU and receiving building plan sanction — Complainant proved deficiency in service and entitlement to relief. India Law Library Docid # 2403357
(597) JATIN BANSAL Vs. M/S AMAZON RESELLER SERVICES PVT. LTD.[CHANDIGARH U.T. CONSUMER DISPUTES REDRESSAL COMMISSION] 12-03-2024 Consumer Protection Act, 2019, Section 47(1)(a)(ii) and Section 2(46) — Unfair Contract — Pecuniary Jurisdiction — The State Commission has jurisdiction to entertain complaints against unfair contracts where the value of goods or services does not exceed ten crore rupees. An unfair contract is one that causes significant change in consumer rights, including imposing unreasonable charges or conditions. India Law Library Docid # 2403352
(598) PIARA SINGH RANA Vs. RAM KUMAR AGGARWAL[CHANDIGARH U.T. CONSUMER DISPUTES REDRESSAL COMMISSION] 12-03-2024 The Consumer Protection Act, 1986 — Section 24-A — Limitation — Consumer complaint must be filed within two years from the date the cause of action arose — A complaint filed after this period can only be entertained if the complainant provides sufficient cause for the delay, with reasons for condoning the delay being recorded by the commission. India Law Library Docid # 2403353
(599) LALIT BINDAL Vs. S.K. VERMA AND OTHERS[CHANDIGARH U.T. STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2024 Consumer Protection Act, 2019 — Section 47 — Revision Petition — Condonation of Delay — Sufficient Cause — Application for condonation of delay of 479 days in filing revision petition dismissed as petitioner failed to provide sufficient cause or day-to-day explanation for the delay. India Law Library Docid # 2403354
(600) AMIT CHADHA AND OTHER Vs. INTERGLOBE AVIATION LIMITED[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 11-03-2024 CONSUMER PROTECTION ACT, 1986 — SECTION 15 — APPEAL — CONDONATION OF DELAY — The appeal was filed after a delay of 305 days. The appellant cited change of counsel, his unavailability, misplacement of application for certified copy, and out-of-station reasons for the delay. India Law Library Docid # 2403355