(61) KAMESHWAR MEHTA Vs. GENERAL MANAGR, IFFCO TOKIO GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-10-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 2250 days — The appellant filed an appeal against the order of the State Commission, Jharkhand, which dismissed his complaint for non-prosecution — The complaint involved a claim for damages to his truck, which was insured by IFFCO Tokio General Insurance Co. Ltd — The insurance company repudiated the claim due to a delay in reporting the accident and alleged that the insurance policy was forged — The primary issue is whether the India Law Library Docid # 2419338
(62) R.P. VERMA AND ANOTHER Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-10-2024 Consumer Law — Mediclaim — Pre existing Disease — The petitioners had a mediclaim policy with the respondents — Claims for treatments in 2008 and 2011 were paid, but a 2012 claim was denied as a pre-existing condition — Whether the insurance company was justified in denying the 2012 claim based on the pre-existing condition clause — The petitioners argued that the insurance company had previously paid claims for the same condition and that the disease was disclosed at the time of policy purchase India Law Library Docid # 2419337
(63) RAKESH SINGH Vs. GREAT MOHALI AREA DEVELOPMENT AUTHORITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-10-2024 Housing — Allotment of a residential apartment — Appellant was declared successful in a draw and issued a Letter of Intent (LOI) for an apartment priced at Rs. 55,00,000 — He deposited Rs. 59,75,750 but did not receive possession within the stipulated period —The main issues are the delay in possession, the refund of the deposited amount, and the deduction of 10% of the amount by GMADA — Appellant argued that he was not at fault for the delay in payments, that GMADA wrongly deducted 10% of the India Law Library Docid # 2419333
(64) GENESIS IMMIGRATION AND EDUCATION AND OTHERS Vs. SARITA KINGER AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-10-2024 Consumer Law — Visa and Immigration Services — The complainants applied for Canadian PR through Genesis Immigration and Education — They spent a significant amount on processing fees and related expenses — Their application was rejected due to missing documents, and they sought a refund — Whether the complainants fall under the definition of 'consumer' and if there was a deficiency in service by the petitioners — The petitioners argued that the complainants did not qualify as consumers, the fees India Law Library Docid # 2419334
(65) HDFC ERGO GENERAL INSURANCE COMPANY LTD. Vs. RUPKUWAR PATEL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-10-2024 Consumer Law — Life Insurance Policy Claim — The case involves a dispute over a life insurance claim following the death of ‘A’, who had a home loan insured by HDFC ERGO — The claim was denied on the grounds that the cause of death was not covered under the policy — Whether the cause of death (Acute Respiratory Distress Syndrome, Acute Respiratory Failure, Sickle Cell Crisis) falls under the policy's coverage of nine specified major illnesses — The insurance company argued that the policy only c India Law Library Docid # 2419335
(66) LOK NATH Vs. ORIENTAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-10-2024 Consumer Law — Mediclaim — Pre existing Disease — The petitionerfiled a claim for medical expenses incurred due to heart treatment — The insurance company repudiated the claim, citing pre-existing hypertension — Whether the heart disease treatment was covered under the policy, considering the pre-existing hypertension — The petitioner argued that the heart disease was not a pre-existing condition and that the treatment was for heart disease, not hypertension — The insurance company contended tha India Law Library Docid # 2419336
(67) MS. ALKA GUPTA Vs. M/S DLF UNIVERSAL LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-10-2024 Consumer Law — Housing — Demand of Additional Charges — The complainant purchased an apartment from DLF Universal Ltd. in 2006 — Despite paying 95% of the total cost by 2008, possession was delayed until 2012 – DLF demanded additional charges for an increased super area, which the complainant disputed —The main issues are the alleged increase in the super area, the legality of parking charges, and the compensation for delay and mental agony — The complainant argues that the increase in super are India Law Library Docid # 2419332
(68) M/S. SOHAM MANNAPITLU POWER PVT. LTD. Vs. UNITED INDIA INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Insurance claim — Wrongful rejection of Claim — Wrongful rejection of an insurance claim related to damage at their hydel power station — Whether the damage to the forebay wall was due to an insured peril or due to faulty design, material, and workmanship, which are excluded under the policy —The petitioner argued that the damage was accidental and covered under the policy — They also contended that the insurer's surveyor had initially found the plant worthy of insurance — The insurer argued tha India Law Library Docid # 2419320
(69) NITU KUMARI AND ANOTHER Vs. DR. VIJAY KUMAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Medical Negligence — Severe medical complications following an appendix surgery — The surgery led to multiple health issues, including Crohn's disease — The main issue is whether the doctors were negligent in their treatment, leading to complainant’s prolonged suffering and medical complications — The complainants argue that the surgery was performed without proper diagnostic tests, resulting in severe complications — They claim medical negligence and seek compensation for the suffering and fina India Law Library Docid # 2419321
(70) JAI INDIA WEAVING MILLS PVT. LTD. Vs. SBI LIFE INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Mediclaim — Key Man Insurance policy — Repudation of Claim — Pre existing Desease —The main issue is whether the repudiation of the insurance claim by SBI Life Insurance was justified based on alleged non-disclosure of past medical history and habits — The petitioner argued that the non-disclosures were not material to the claim and were neither intentional nor fraudulent — The respondents argued that the non-disclosures were material and constituted a breach of the principle of utmost good fait India Law Library Docid # 2419322
(71) DINESH BALCHAND SHAH Vs. BAJAJ ALLIANZ LIFE INSURANCE COMPANY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Mediclaim — Repudation of Claim — Pre existing Desease — The complainant filed a complaint against Bajaj Allianz Life Insurance for denying a claim on his brother's life insurance policy, citing non-disclosure of diabetes — Whether the insurance company was justified in repudiating the claim based on alleged non-disclosure of material facts — The complainant argued that his brother was not diabetic and that the insurance company's denial was based on incorrect information and unfair trade practi India Law Library Docid # 2419323
(72) M/S. JINDAL & CO. Vs. UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Stock Insurance Policy — The policy excluded coverage for stock stored in the basement — After a flood damaged the stock, the insurance claim was denied — Whether the insurance company was justified in repudiating the claim based on the exclusion clause and whether there was a deficiency in service — The petitioner argued that the insurance company and bank misled them about the policy coverage, and the exclusion clause was not disclosed — They claimed breach of contract and trust — The responde India Law Library Docid # 2419324
(73) OPAL HOSPITAL AND OTHERS Vs. DAMYANTI SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Medical Negligence — Medical negligence during a laparoscopic cholecystectomy, which allegedly resulted in permanent disability of her right leg — Whether the hospital and doctors were negligent in administering anesthesia and providing post-operative care — The petitioner argued that the anesthesia was administered incorrectly, causing nerve damage and permanent disability — They also claimed inadequate post-operative care and falsification of medical records — The respondents denied negligence India Law Library Docid # 2419325
(74) RAJA GEMS Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Special Contingency Insurance Policy — Complainant dealing in precious stones and jewelry, had an insurance policy with United India Insurance — They claimed a loss due to an armed robbery in San Francisco, where goods worth over $1 million were stolen — The main issue was whether the insurance company was liable to pay the claim, considering the alleged breaches of policy terms by complainant — Complainant argued that they had informed the insurer about the purchase and requested India Law Library Docid # 2419326
(75) DILIP KUMAR CHATURVEDI Vs. UNION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Railway — Theft — The complainant's bag containing cash and jewelry was stolen while traveling on a train — The total value of the stolen items was estimated at Rs. 9,35,300 — Whether the theft of the bag amounts to a deficiency in service on the part of the Railways — The petitioner argued that the theft was due to the negligence of railway staff, citing previous cases where Railways were held liable for similar incidents — The respondents claimed there was no negligence on their India Law Library Docid # 2419327
(76) DHIRAJ KAUSHIK Vs. ANEJA HOSPITAL & NURSING HOME AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Medical Negligence — Petitioner filed a complaint against Respondent-Hospital for not removing his gall bladder during surgery despite charging for it — He experienced ongoing pain and later discovered the gall bladder was still present — Whether there was a deficiency in service by Aneja Hospital and if compensation is due to the complainant — Petitioner argues that the hospital failed to remove the gall bladder as promised, causing prolonged suffering and additional medical expe India Law Library Docid # 2419328
(77) ORIENTAL INSURANCE CO. LTD. Vs. IMRAN ASHRAF[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Burglary under Insurance Policy— Complainant insured shop was burglarized, and his claim for Rs. 6,50,000 was repudiated by Oriental Insurance Company, which led to a legal dispute — Whether the theft met the definition of burglary under the insurance policy, which required forcible and violent entry — The insurance company argued that there was no evidence of forcible entry, as the thieves used stolen keys, thus not meeting the policy's definition of burglary — Complainant conten India Law Library Docid # 2419329
(78) SPICEJET LTD. Vs. MONIL MODI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Airlines — The complainant's baggage was lost during a SpiceJet flight from Chennai to Jaipur —The baggage contained important documents and valuables — SpiceJet offered Rs. 1,300 as compensation, which the complainant deemed inadequate — Whether SpiceJet's compensation was sufficient and if there was negligence or deficiency in service — SpiceJet argued that the complainant violated the terms of the contract by placing valuables in checked baggage — They cited previous legal prec India Law Library Docid # 2419330
(79) M/S. BAJAJ ALLIANZ LIFE INSURANCE COMPANY LIMITED Vs. ANJU KUMARI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Law — Insurance Policy —‘S’ took a loan and an insurance policy was issued without his prior knowledge — After his death, the insurance claim was rejected due to alleged non-disclosure of pre-existing conditions — Whether the insurance claim rejection was justified based on non-disclosure of pre-existing conditions and if the insured person was correctly identified — The insurance claim was untenable due to false declarations about health conditions in the proposal form — The pre-existi India Law Library Docid # 2419331
(80) M/S MOHAN MINES PVT. LTD Vs. M/S. UNITED INDIA INSURANCE COMPANY LTD AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2024 Standard Fire and Special Perils (SFSP) Policy — Appellant insured a hydraulic excavator with United India Insurance Co. Ltd — The excavator was damaged in Bharatpur, but the insurance policy listed Faridabad as the insured location — Whether the insurance claim should be honored despite the damage occurring at a location not specified in the policy — The excavator is movable and can be used at multiple sites — The bank was negligent in providing the wrong location to the insurer — The policy is India Law Library Docid # 2419319