(641) CARE HEALTH INSURANCE LIMITED (FORMERLY KNOWN AS RELIGARE HEALTH INSURANCE COMPANY LTD AND ANOTHER Vs. HARJINDER SINGH SOHAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope of revision — No illegality, material irregularity, or jurisdictional error found in the State Commission's order, therefore, Revision Petition dismissed. India Law Library Docid # 2413997
(642) GAURAV MAHAJAN Vs. ASIAN INSTITUTE OF MEDICAL SCIENCES (AIMS) AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Medical Negligence Myasthenia Gravis Oncologist's Role The complainant alleged that an Oncologist was negligent in treating his father for Myasthenia Gravis and failing to refer him to a Neurologist. The court found that an Oncologist with a qualification in Medicine could diagnose and treat general muscle weakness associated with Myasthenia, and in this case, the patient was eventually treated by Neurologists when a crisis occurred. The repeated visits to the same hospital and doctor suggest India Law Library Docid # 2413988
(643) KAILASH KUMARI Vs. M/S. OMAXE LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal — Standard of proof — Builder Buyer Agreement — Unilateral and unreasonable terms imposed by builder on allottee are not binding — Court also observed that the developer cannot compel apartment buyers to be bound by one-sided contractual terms contained in apartment buyers agreements. India Law Library Docid # 2413989
(644) HUBLI ELECTRICITY SUPPLY COMPANY LTD. AND ANOTHER Vs. IRAPPA HANAMAPPA SHEBANNAVAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Condonation of Delay — Sufficient Cause — The petitioner filed a revision petition with a significant delay of 341 days, which, even after excluding periods related to COVID-19, amounted to 92 days. The reasons provided for the delay, including seeking original documents and awaiting advice, were found to be unconvincing. India Law Library Docid # 2413990
(645) STANDARD CHARTERED BANK Vs. DR. VINOD KUMAR BHALLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Grounds for interference — Interference by the National Commission in revision is limited to cases where there is a jurisdictional error or a perversity in the findings of the lower forums. India Law Library Docid # 2413991
(646) M/S. WORLDWIDE IMMIGRATION CONSULTANCY SERVICES LTD. Vs. SUDHA BABBAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986, Section 21(b) — Revision Petition — Grounds for interference — State Commission empowered to set aside orders of District Forum — Petitioner argued State Commission exceeded jurisdiction and relief awarded was beyond scope of Act — Held, Petitioner's challenge primarily revolves around interpretation of contractual terms and liability for payments made to associated entities — These are matters within the purview of consumer forums. India Law Library Docid # 2413992
(647) SANJAY FOODS INDIA PVT. LTD. Vs. UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Dismissal of complaint — Insurance claim — Standard Fire and Special Perils Policy — Contention that fire was caused by short circuit versus spontaneous combustion. India Law Library Docid # 2413798
(648) NATIONAL INSURANCE CO. LTD. Vs. MEGHANA (BIO-TECH) TISSUE CULTURE NURSERY REPRESENTED BY ITS PARTNERS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Insurance claim — Repudiation of claim for loss of tissue culture due to AC failure and temperature rise — Policy covered fire and special perils — Exclusions for change in temperature and electrical apparatus damage — Surveyor report stated loss not due to fire, but AC panel failure from voltage fluctuation — State Commission allowed claim citing proximate cause of "burning" due to increased temperature, interp India Law Library Docid # 2413799
(649) AVIVA LIFE INSURANCE CO. INDIA LTD. Vs. KARIYAPPA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Insurance Act — Section 45 — Material facts — Duty of disclosure — Contract of insurance is a contract of utmost good faith (uberrimae fidei) — Insured has an obligation to make a true and full disclosure of information within their knowledge — It is not for the proposer to decide what is material — Failure to disclose material facts known to the applicant entitles the insurer to repudiate the claim. India Law Library Docid # 2413800
(650) EKKORI DAS S/O. LATE HRISHIKESH DAS Vs. SODIPTO CHATTERJEE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Sale of flat — Non-execution of Deed of Conveyance — Landlord's dispute with developer — Held, dispute between landlord and developer cannot be used to avoid obligations to home buyers. India Law Library Docid # 2413801
(651) NEW INDIA ASSURANCE CO. LTD. Vs. M/S MADHAV AUTOMOTIVE FASTENERS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 17 — Appeal against order of State Commission — Insurance claim dispute — Fire policy — Surveyor's report — Dispute over deductions made by surveyor — Failure to provide surveyor's report to claimant — Unfair trade practice — Dismissal of appeal with modifications. India Law Library Docid # 2413802
(652) UNITED INDIA INSURANCE CO. LTD. Vs. RAJESH KUMAR G. PATEL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 24 A — Limitation — Condonation of delay — Grounds for condonation must be sufficient, adequate, and prevent the party from approaching the court within the stipulated period — Mere administrative delays, general, or vague reasons are not sufficient — Delay in filing an appeal against a consumer forum order, if not properly explained with sufficient cause, will lead to dismissal of the appeal. India Law Library Docid # 2413803
(653) M/S. SAPTAGIRI COTTON INDUSTRIES REP. BY ITS MANAGING PARTNER, MR.BUKKA RAMESH, M/S.SAPTAGIRI COTTON INDUSTRIES AND OTHERS Vs. UNITED INDIA INSURANCE COMPANY LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 Section 19 Appeal against State Commission order Court upheld State Commission's dismissal of complaint. India Law Library Docid # 2413804
(654) M/S. YASH AGENCIES THOUGH ITS PROPRIETOR AMIT BULANI Vs. NEW INDIA ASSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 19 (Appeal) and Section 24A (Limitation) — Appeal against State Commission order dismissing complaint as barred by limitation — held, State Commission correctly dismissed complaint as limitation period expired — Mere correspondence does not extend limitation period. India Law Library Docid # 2413805
(655) PUNJAB NATIONAL BANK AND OTHER Vs. RISHABH WINPRO PRIVATE LIMITED[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Consumer Protection Act, 2019 — Section 47(1)(b) — Revision Petition — Competent to direct production of documents — However, conditions apply — The revision petition is against an order directing the production of original sale deeds used as mortgage. India Law Library Docid # 2403818
(656) SKS ISPAT AND POWER LIMITED AND OTHERS Vs. CHAIRMAN CUM MANAGING DIRECTOR, NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Insurance Law — Standard Fire and Special Perils Policy — Claim for loss due to spontaneous combustion of coal — Burden of proof on claimant to establish genuineness of claim and cause of loss — Claimant failed to provide sufficient evidence to prove spontaneous combustion and quantum of loss — State Commission's dismissal of complaint upheld. India Law Library Docid # 2413808
(657) LIFE INSURANCE CORPORATION OF INDIA Vs. KAILASH KANUGO[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Delay in filing — Condonation of delay — Delay condoned based on reasons stated in application. India Law Library Docid # 2413806
(658) MAHINDRA & MAHINDRA LIMITED Vs. MANOJ KUMAR SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — Limited scope — Proper exercise of jurisdiction by lower forums — No illegality, material irregularity or jurisdictional error found — Interference not warranted. India Law Library Docid # 2413807
(659) SAMSUNG INDIA ELECTRONICS PVT. LTD. Vs. SMT. DIKSHA SINGH AND OTHER[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Consumer Protection Act, 2019 — Deficiency in Service — Burden of Proof — Consumer must provide expert or technical report to establish manufacturing defect when it cannot be determined without analysis or testing of goods. India Law Library Docid # 2403817
(660) ARVIND RAJPAL JADAV Vs. CHARUDATTA VASANTRAO TULJAPURKAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Consumer Protection Act, 1986, Section 21(b) — Revision Jurisdiction — Limited scope — Exercise only if jurisdictional error — 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 # 2413809