(61) BINOD KUMAR YADAV Vs. SAMRAT AUTOMOBILES PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 Repossession of Vehicle — Petitioner purchased a bus financed by Tata Motors Finance — He alleged discrepancies in payments and wrongful seizure of the bus by the financier — Whether there was a deficiency in service or unfair trade practice by the respondents in repossessing the vehicle without notice — The petitioner argued that the vehicle was seized without notice, used for personal gain by the financier, and that he was misled about discounts and payments — The financier claimed the petitio India Law Library Docid # 2420365
(62) VASANTIBEN ALIAS VARSHABEN LAXMAN DAFADA Vs. BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 Life insurance Policy — Non-disclosure of his alcohol consumption in Policy — Repudiation of Claim — The complainant's son had a life insurance policy — After his death, the insurance claim was rejected due to alleged non-disclosure of his alcohol consumption — Whether the policyholder was required to disclose his alcohol consumption and if the non-disclosure justified the rejection of the insurance claim — The rejection was illegal as the deceased did not conceal any material facts — The compla India Law Library Docid # 2420366
(63) SWARNA KAUR Vs. SBI LIFE INSURANCE COMPANY LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 Life Insurance Policy — Repudiation of Claim — The petitioner filed a claim against SBI Life Insurance after her husband died of cardiac arrest — The claim was repudiated due to alleged non-disclosure of his drug addiction history — Whether the non-disclosure of the deceased's drug addiction history justified the repudiation of the insurance claim — The petitioner argued that the death was due to a heart attack, unrelated to drug addiction, and that the claim was wrongfully repudiated — The resp India Law Library Docid # 2420367
(64) UNITED INDIA INSURANCE COMPANY LTD Vs. MANHARLAL G. MODI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 Money Insurance Policy — Cash loss during transit — The complainant had a Money Insurance policy with United India Insurance Company — His employee was robbed while transporting money from Daman to Valsad, which was not covered under the policy terms — Whether the cash loss during transit from Daman to Valsad is covered under the Money Insurance Policy — The insurance company argued that the policy only covered specific routes and modes of transport, excluding the use of a motorcycle and collect India Law Library Docid # 2420368
(65) M/S. MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD. Vs. SEVAKRAM BHUJANGRAO ZOD AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 Repossession of Vehicle — The complainant purchased a financed by the petitioner — The vehicle was seized by the petitioner due to overdue installments without prior notice — Whether the seizure of the vehicle was legal and if the petitioner followed the due process as per the loan agreement — The petitioner argued that the complainant was a defaulter and the vehicle was seized legally — They also contended that the District Forum altered the payment schedule unlawfully — The respondent claimed India Law Library Docid # 2420369
(66) FORTIS HEALTH CARE (INDIA) LTD. (PRESENTLY FORTIS HEALTH CARE LTD.) AND OTHERS Vs. MEDICAL SUPERINTENDENT FORTIS ESCORT HOSPITAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Consumer Law — Medical Negligence — The respondent's son suffered from Mobile Atlanto Axial Dislocation (AAD) due to a childhood injury — He underwent surgeries at Fortis Escorts Hospital but his condition deteriorated, leading to his death — The main issue is whether the hospital and doctors were negligent in their treatment, leading to the patient's death — The appellants argued that the patient had a serious pre-existing condition, the surgeries were performed with informed consent, and the s India Law Library Docid # 2420354
(67) ECGC OF INDIA LTD. Vs. BLOSSOM GROCERY & FOODS INDIA PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Multi-Buyer Exposure Policy — Respondent-Company exported onions to Vietnam under an insurance policy from Appellant — The buyer raised a quality dispute, and the insurance claim was repudiated — Whether the repudiation of the insurance claim by appellant was justified — The insurance company argued that the claim was repudiated due to a quality dispute and violation of the policy's terms — Respondent contended that the quality issue was an afterthought by the buyer to avoid payment and that the India Law Library Docid # 2420355
(68) LATE MOHAN S. KALE (SINCE DECEASED) MRS. CHHAYA MOHAN KALA REP. THROUGH HIS LRs. SAHYADRI AND OTHERS Vs. HILLARI VICTOR D'SOUZA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Consumer Law — Housing — Delay in Possession — The complainant booked a flat with the developer, paid 97% of the total consideration, but did not receive possession as agreed — The complainant sought possession, interest, and compensation — Whether there was a deficiency in service by the developer and if the compensation awarded by the State Commission was justified — The developer argued there was no deficiency in service, cited delays due to external factors, and contested the high interest r India Law Library Docid # 2420356
(69) MAHIPAL CHAUDHARY Vs. MAX BUPA HEALTH INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Consumer Law — Mediclaim — Pre-existing Disease — The petitioner filed a claim for his wife's treatment of Parkinson's disease, which was denied by Insurance company on grounds of non-disclosure of the pre-existing condition — Whether the petitioner suppressed material facts about his wife's health condition when obtaining the insurance policy — The petitioner argued that neither he nor his wife was aware of the Parkinson's disease at the time of policy purchase and that the insurance company fa India Law Library Docid # 2420357
(70) SHER SINGH Vs. KOTAK MAHINDRA BANK LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Repossession and sale of the vehicle — Petitioner financed a commercial vehicle from respondent-Bank — Due to vehicle faults, he missed some loan instalments — The bank repossessed and sold the vehicle without proper notice — Whether the bank's repossession and sale of the vehicle were lawful and if the compensation awarded was adequate — Petitioner argued the repossession was illegal and sought higher compensation for his losses — The bank claimed the repossession was lawful and that petitioner India Law Library Docid # 2420352
(71) VEENA JAIN Vs. COUNTRY COLONISERS PRIVATE LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Law — Housing — Delay in delivery of Possession — The petitioner applied for an apartment in the "Wave Gardens" project in Mohali, paying a total of Rs. 68,50,836 — The project was delayed, and possession was not given by the promised date of November 6, 2015 — The main issue is whether the complaint filed by the petitioner is time-barred and whether she is entitled to a refund due to the delay in possession — The petitioner argues that the cause of action should be computed from the da India Law Library Docid # 2420353
(72) KRISHAN SETH Vs. M/S VISHAL INTERNATIONAL HOTEL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Law — Negligence by Hotel — The complainant's son drowned in the swimming pool of Hotel on 26.06.2013 — The criminal case against the hotel staff ended in acquittal — Whether the hotel was negligent and deficient in providing services, leading to the death — The hotel failed to provide a lifeguard and medical facilities, and did not attempt to revive deceased — The absence of CCTV cameras in the pool area was also highlighted — The hotel argued that the pool was closed at the time of th India Law Library Docid # 2420350
(73) RADHIKA KAMBLE Vs. DR. MAHAJAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Law — Medical Negligence — Death — The main issues are whether there was medical negligence by respondent-doctor and whether the compensation awarded by the State Commission was appropriate — The petitioner argued that doctor did not provide proper treatment, failed to conduct necessary tests, and was negligent in attending to the patient, leading to his death — Doctor argued that all due care was taken according to medical protocol, and the patient's condition was managed appropriately India Law Library Docid # 2420351
(74) DEPUTY DIRECTOR, COFFEE BOARD Vs. K.A. ROY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2024 Coffee Debt Relief Package — The complainants, coffee cultivators, took agricultural loans in 1999 — Due to drought and price decline, they couldn't repay — The Coffee Debt Relief Package (CDRP) was introduced in 2010 to support such farmers — The bank did not provide full benefits under the CDRP, causing financial burden to the complainants — The main issue is whether the loans were restructured or new loans were issued in 2003 — The Coffee Board and the bank argued that the loans were new and India Law Library Docid # 2420349
(75) M/S. VENKATESHWARA BANANA RIPENING UNIT Vs. M/S. SBI GENERAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-10-2024 Consumer Law — Fire Insurance Policy — The complainant suffered a fire on 10.07.2017, causing extensive damage — They filed insurance claims totalling Rs. 2,50,14,512/- with SBI General Insurance Co. Ltd., which partially settled the claims — The main issue is the alleged deficiency in service by the insurance company, which the complainant claims resulted in an underpayment of Rs. 1,60,64,464/- — The complainant argues that the insurance company unfairly reduced the claim amounts and delayed se India Law Library Docid # 2420348
(76) BANK OF INDIA Vs. RAMJI LAL AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-10-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — Crop Insurance Claims — The main issue is the delay in filing the petitions and whether there is sufficient cause to condone this delay — The petitioner-Bank, argues that the delay was due to institutional processes and obtaining necessary permissions and records — The respondents are peasants who have been granted relief by the lower courts, which the petitioners are challenging — The court found the petitioner's reasons for delay insuff India Law Library Docid # 2420346
(77) NATIONAL INSURNACE COMPANY LTD. Vs. SHARVAN KUMAR JAIN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-10-2024 Consumer Law — Mediclaim — The claims were denied based on an exclusion clause for obesity treatments — Whether the exclusion clause 4.19, introduced in 2006, was effectively communicated to the insured and if it applies to policies renewed from 2002 — The insurance company argued that the claims were rightly repudiated based on the exclusion clause, which is part of the contractual agreement — Respondent contended that the exclusion clause was not part of the original policy taken in 2002 and w India Law Library Docid # 2420347
(78) LAKSHMAIAH Vs. MAN SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Law — Negligence — Air-conditioner Blast — The complainant's son died due to a blast while an air-conditioner was being serviced — The complainant alleges negligence by the mechanics and vicarious liability of the landlord and the service company — Whether the service company and landlord are liable for the incident, and if there was negligence in the repair work — The complainant argues that the service company sent unskilled mechanics, leading to the blast and subsequent deaths — The India Law Library Docid # 2420342
(79) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. RANDI MAHALAXMI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Law — Insurance Policy — Pre existing Disease — Repudation of claim — Death of respondent’s son — LIC repudiated the claim citing non-disclosure of a pre-existing disease — Whether the evidence provided by LIC is sufficient to justify the repudiation of the insurance claim based on non-disclosure of a pre-existing disease — LIC argued that the Discharge Summary from Hospital indicated a pre-existing condition (Chronic Myeloid Leukemia) which was not disclosed — The respondent contended India Law Library Docid # 2420343
(80) TATA MOTORS LTD. Vs. JOGENDER SHARMA THROUGH LRS. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Law — Motor Vehicle — Manufacturing Defects — Respondent purchased a Tata Safari Dicor Quartz vehicle, which developed defects shortly after purchase — The vehicle was repeatedly taken for repairs but remained defective — Whether the vehicle had a manufacturing defect and if the manufacturer and dealer were liable for replacement or refund — Tata Motors argued that the defects were not due to manufacturing issues and that the State Commission lacked the expertise to inspect the vehicle India Law Library Docid # 2420344