(621) UNITED INDIA INSURANCE CO. LTD. Vs. DHINGRA RICE AND GENERAL MILLS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-01-2024 Insurance Policy — Marine Cargo Open Cover Policy — Loss due to fire — Insured claimed for damaged rice consignment — Insurer settled claim on non-standard basis due to alleged violation of policy conditions and based on a surveyor's report and laboratory test. India Law Library Docid # 2401797
(622) ASSISTANT POST MASTER, ROORKEE AND ANOTHER Vs. M/S. WESTERN PRECISION INSTRUMENT EMPORIUM[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-01-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope of revisional jurisdiction — National Commission's powers are limited to cases where State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted with material irregularity — Cannot interfere with concurrent findings of fact by lower fora based on evidence appreciation. India Law Library Docid # 2401798
(623) SHYAM KISHANCHAND BHATIA THROUGH LRS. Vs. MAHARASHTRA ELECTRICITY DISTRIBUTION CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-01-2024 Consumer Protection Act, 1986, Section 2(1)(d) — Consumer — Determination of — Electricity connection in builder's name, but bills paid by occupant — Occupant is a consumer if premises are connected to distribution licensee's works and bills are paid. India Law Library Docid # 2401799
(624) ANITA KUMAR Vs. STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Scope — Limited to jurisdictional errors or material irregularities — No scope for re-appreciation of evidence. India Law Library Docid # 2401800
(625) RAM CHANDER Vs. SBI GENERAL INSURANCE COMPANY LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Complainant purchased a house and its valuation was done by a bank for a loan — Bank insured the house with an insurance company — House developed cracks and subsided due to leakage from a municipal water pipeline — Insurance company repudiated the claim stating the loss was not covered under the policy — State Commission allowed the complaint against the Municipal Council but dismissed it against the insurance India Law Library Docid # 2401795
(626) MAKE MY TRIP INDIA PVT. LTD. AND OTHERS Vs. DEVRAJ BEHARNANI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Delay Condonation — Appeal filed under Section 19 of the Consumer Protection Act, 1986 against State Commission's order directing payment of compensation and costs was admitted after condonation of delay. India Law Library Docid # 2401796
(627) PARMINDER SINGH AND ANOTHER Vs. FS HOUSING PRIVATE LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-01-2024 Consumer Protection Act, 1986 — Sections 2(1)(g), 2(1)(d) — Deficiency in Service — Unfair Trade Practice — Complainants booked an apartment and paid substantial amount, but the opposite party failed to hand over possession by the agreed date, despite extensions and receiving full payment. This constitutes both deficiency in service and an unfair trade practice. India Law Library Docid # 2416767
(628) SMT. SHAKUNTLA DEVI AND OTHERS Vs. M/S MVL LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-01-2024 Consumer Protection Act, 1986 — Section 3 — Consumer Protection Act, 1986 vs. Companies Act, 1956 — Winding up of company — Overriding effect — Consumer Protection Act is in addition to and not in derogation of other laws — No provision gives overriding effect to Consumer Protection Act over Companies Act — Invoking Consumer Protection Act in addition to Companies Act, not in derogation — Accepting arguments of precedence would be derogatory to Section 446 of Companies Act, 1956. India Law Library Docid # 2401714
(629) M/S. AJARA DESIGN LOUNGE PVT LTD AND OTHERS Vs. RAMESH CHANDRA KAPOOR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-01-2024 Consumer Protection Act, 1986 — Object and purpose — Speedy and inexpensive remedy for consumers — Consumer Forums equipped with powers of Civil Court for dispute resolution — Complicated issues like fraud and cheating can be decided — Adjudication does not have jurisdictional limits to consumer dispute — Consumer commission can hold full trial or summary procedure — Parties adduced evidence by affidavit and documentary evidence, no request for cross-examination or summoning witnesses. India Law Library Docid # 2401715
(630) BAJA ALLIANZ LIFE INSURANCE CO. LTD. Vs. SIDRAMAPPA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 The Limitation Act — Purpose — To prevent stale claims and ensure finality of decisions — Cannot be ignored or treated lightly — Statutory provisions regarding limitation must be respected and complied with. India Law Library Docid # 2416765
(631) M/S. AVLEEN MOTORS Vs. NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal — Maintainability — Delay condoned based on reasons stated in application. India Law Library Docid # 2401703
(632) M/S. SAGAR PACKAGING Vs. ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 Section 19 Appeal against order of State Commission Delay in filing appeal Condonation of delay. Appeal filed with 57 days delay was condoned by the National Commission. India Law Library Docid # 2401704
(633) DHIRENDRA KUMAR DAS Vs. BRANCH MANAGER, STAR HEALTH AND ALLIED INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 2019 — Section 21(b) — Revision Petition — Enhancement of compensation — Interest on claimed amount — Complainant sought enhancement of compensation and interest on claimed amount from insurance company — State Commission allowed appeal of complainant regarding reimbursement — Revision Petition filed for further enhancement — Held, Complainant entitled to reasonable interest on the claim amount. India Law Library Docid # 2401705
(634) DIVISIONAL MANAGER, M/S. ORIENTAL INSURANCE CO. LTD. Vs. SRI DUNDAYYA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Jurisdiction — NCDRC can set aside order of State Commission if it suffers from material irregularity. India Law Library Docid # 2401706
(635) VIJAYAN P. Vs. MANAGING DIRECTOR, SREE GOKULAM CHITS & FINANCE COMPANY (P) LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Consumer Forum Jurisdiction — Chitty transactions — Pledge of chitties as security for another surety — Whether constitutes deficiency in service. India Law Library Docid # 2401707
(636) RAJESHWARI DEVI GARG Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of Revisional Jurisdiction — National Commission can interfere only if State Commission exercised jurisdiction illegally, with material irregularity, or failed to exercise jurisdiction vested in it — Cannot interfere with concurrent findings of fact based on appreciation of evidence. India Law Library Docid # 2401708
(637) M/S. MARUTI SUZUKI INDIA LIMITED Vs. RAJIV SHARMA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Scope and Limitations — National Commission's revisional powers highly limited, exercisable only in cases of jurisdictional error, failure to exercise vested jurisdiction, or illegality/material irregularity in State Commission's order — Cannot interfere with concurrent findings of fact from lower fora based on evidence appreciation, as held in Rajiv Shukla v. Gold Rush Sales & Services Ltd. India Law Library Docid # 2401709
(638) VIRENDER AGGARWAL Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Order of State Commission — Set aside — District Forum order upheld — Complaint allowed. India Law Library Docid # 2401710
(639) UNITED INDIA INSURANCE COMPANY LTD. Vs. BIR DEI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act Revision Petition scope limited National Commission can only interfere if State Commission acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity. India Law Library Docid # 2401711
(640) DR. AJAY SHARDA Vs. RAKESH GULATI AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Review of State Commission order — Appeal allowed by State Commission setting aside District Forum order — Revision petitions filed against State Commission order — Order decides revision petitions filed under Section 21(b) of the Act against State Commission order. India Law Library Docid # 2401712