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(681) INDIAN RAILWAY Vs. MR. S. VIJAYARAGHVAN[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2023
Limitation of Act, 1963 – Section 5 - Condonation of delay - The current case proceedings were conducted under the Old Act - Before discussing the merits of the present application filed on 04.10.2023 along with the appeal, it is crucial to determine whether it is maintainable under the New Act or the Old Act - Relying on the settled law and considering the fact that there was no proper explanation offered by the appellant for the delay except inculpating the government lengthy approval procedur
India Law Library Docid # 2400460

(682) SUBHASH CHAND Vs. THE NEW INDIA ASSURANCE CO. LTD.[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2023
Consumer Law – Interest – Motor Accident - Complainant is registered owner of vehicle (Truck) and the same was insured with the opposite party from 01.06.2015 to 30.12.2015 - The vehicle was damaged in an accident on 30.12.2015, causing a loss of Rs.11,15,897 - The insurance company assessed the loss, and the claim amount was agreed upon to be Rs.9,20,000, including salvage, as a full and final settlement - Although the IDV of the vehicle in question was Rs.14,00,000/-, but the complainant was c
India Law Library Docid # 2400463

(683) M/S TRACKON COURIER PVT. LTD. AND OTHER Vs. AKSHAY KUMAR[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2023
Consumer Law – Courier Service – Complainant sent keys, RC and NOC of car - Courier sent at wrong place - The complainant was compelled to get the RC and the NOC prepared again and to replace the lock of the car - The complainant is seeking compensation of Rs.1,50,000/-. - After hearing the complainant, learned District Commission allowed the complaint- The appellants' counsel argues that the opposite parties/courier agency didn't have the proper opportunity to defend themselves before the Distr
India Law Library Docid # 2400464

(684) M/S. VARIETY POLYSTERS LIMITED Vs. ORIENTAL INSURANCE COMPANY LTD. & 2 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-10-2023
Consumer Complaint - Breach of contract terms - Violation of terms of the policy - Insurance Claim - Construction of 2022 toilets across the State of Madhya Pradesh that were to be constructed in Primary and Middle Schools - It is evident that whatever contract the complainant alleges to have entered into with the respondent number 3, was clearly snapped with the Memorandum of Understanding dated 10.06.2015 - Any continuance of work or storing of material after 10.06.2015 was not authorized unde
India Law Library Docid # 2400398

(685) GREEN LAND FRUITS & VEGETABLES (P) LTD. Vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-10-2023
Insurance Claim - Loss or damage - A Cold Storage, and where the facts are that damage was caused a consignment of Green Peas kept inside that suffered severe damage and was destroyed on 29.04.2017 when the roof of chamber of the plant collapsed affecting more than 16 thousand boxes of peas of 35 kg each - Complainant submits that the duration of the insurance policy was between 08.03.2017 to 07.03.2018 and the risk of all sorts of such contingencies, including a storm, was covered - There was n
India Law Library Docid # 2400399

(686) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. ILLA RAJAIAH AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-10-2023
Insurance Claim - Failure of the insured to disclose the policy of insurance obtained earlier in the proposal form entitled the insurer to repudiate the claim under the policy.
India Law Library Docid # 2400342

(687) VINOD BHUTANI Vs. SHUCHI CHAUDHRY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Consumer Protection Act, 1986 - Section 19 - Deficiency in service - Delay in construction of house - Poor service - Modification of enhanced compensation - It is an admitted position that the Complainant and OP have entered into a contract in March 2001 for building of a house on a plot of the Complainant at an estimated cost of Rs. 65 lakhs within 18 months. The Agreement outlined the terms and conditions - While the actual work commenced in April 2002 it was not completed in time stipulated.
India Law Library Docid # 2400343

(688) BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. AND ANOTHER Vs. GEETA DEVI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Insurance Claim - Deceased Life Assured - Repudiation of claim and deficiency in service - Due to such unethical practices by the wealthy Insurance Companies who can easily afford these 'luxury litigations', the poor surviving dependents, who are in dire need of that money are deprived of the proceeds of the claim when it mattered them the most - Death in this case occurred in 2010 - Had this money been provided to the needy family, instead of repudiating on mischievous grounds and then making
India Law Library Docid # 2400344

(689) RAGHUVEER SINGH Vs. TREHAN HOME DEVELOPERS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Limitation Act, 1963 - Section 5 - Condonation of delay - A delay of 1668 days in filing of Appeal - To condone such delay in filing, the Appellant has to satisfy this Commission that there was sufficient cause for preferring the Appeal after the stipulated period - 'sufficient cause' means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and that the applicant must satisfy that he was prevented by any “sufficient cause” from prosecuting its
India Law Library Docid # 2400345

(690) MRS. DUNDOO ARUNA KUMARI Vs. Y. NAGA SATISH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Consumer Protection Act, 1986 - Section 24A - Complaint for deficiency in service - When the physical possession of the property was already delivered and the Complainant and the Respondents are enjoying the possession of the property physically for over 12 years, they cannot suddenly have grievance now, turn around and file a complaint demanding the said documents and attempt to bring the bring the case within the limitation of filing of the Complaint for deficiency in service which under Secti
India Law Library Docid # 2400346

(691) M/S. AZIZ WALL PAPER Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Insurance Claim - Carpets stock damage - Due to heavy showers of rain - Inasmuch as after the surveyor’s visit on 20.08.2007, the complainant/appellant had responded vide his letter dated 11.10.2007 categorically stating reasons for the gap in providing the opportunity as the stocks were being arranged which took time on account of the carpets being heavily soaked in water which had to be dried - It was further stated therein that all the documents which were required were being submitted - Surv
India Law Library Docid # 2400347

(692) 3BEN'S CONSTRUCTIONS AND OTHERS Vs. BENCY RAGHAVAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Limitation Act, 1963 - Section 5 - Consumer Complainant - Condonation of delay - Reason stated for not filing the First Appeal before the NCDRC was because of the floods in the year 2018 and due to Covid-19 pandemic are not plausible and justifiable reasons for condoning the delay - Counsel for the Appellants painstakingly asserted the issues raised in the Application seeking condonation of delay and argued at length to explain the reasons and justify the delay in filing the Appeal - Notwithsta
India Law Library Docid # 2400348

(693) GO DIGIT GENERAL INSURANCE COMPANY LIMITED Vs. SAURAV SONI S/O HAPPY KUMAR[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-10-2023
Consumer Law - Insurance Claim - Vehicle Accident - Quantum of compensation - Re-assessment report - Appellant/Insurance company has assessed the loss of the complainant at Rs.26,806/- whereas the complainant has claimed a sum of Rs.1,59,756 - Appellant/Insurance company has relied upon the Re-assessment cum Survey report by Surveyor cum Loss Assessor to the complainant in support of its case - But, neither Reassessment Report have been proved on record in accordance with law by the opposite pa
India Law Library Docid # 2400330

(694) MRS. ALKA WIFE OF MR. VIKRAM SINGH Vs. VYAS HOSPITAL, KOTHI CHOWK, VILLAGE TALWAR, POST OFFICE CHANDPUR, TEHSIL SADAR, DISTRICT BILASPUR, H.P. THROUGH ITS PROPRIETOR AND MANAGING DIRECTOR AND OTHER[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-10-2023
Consumer Complainant - Medical Negligence – Death of fetus in womb - To establish the medical negligence on the part of the Doctor, the complainant has to prove three facts, (i) the practice so adopted by the doctor is usual and normal practice, (ii) the doctor who is in medical profession must have deviated the said practices and (iii) the doctor who has adopted the said practices is one which no professional man of ordinary skill would have taken, if he had been acting with ordinary care - Hos
India Law Library Docid # 2400331

(695) M/S. INTEC INFONET PVT. LTD Vs. NORTH EASTERN REGION INSTITUTE OF SCIENCE AND TECHNOLOGY (NERIST)[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-10-2023
Consumer Law - Deficiency in service - Tender - Violation of agreement terms - Delay in completion of the project - A contract after inviting tenders for the installation and commission of electrical equipments and expansion of existing fiber optical lines adopting latest technology for meeting the requirements of the Institute - Bills payable to the complainant were withheld admittedly to the tune of 12,37,487/-. Consequently, the entire blame cannot be put on the appellant for non-compliance o
India Law Library Docid # 2400333

(696) ANSAL HOUSING LIMITED Vs. MS. SHASHI GARG[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 19-10-2023
Consumer Protection Act, 1986 - Section 15 - Limitation Act, 1963 - Section 5 - Application for condonation of delay - Appeal against consumer complaint - In order to condone the delay, the Appellant has to satisfy Commission that there was sufficient cause for preferring the appeal after the stipulated period - 'sufficient cause' means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and the applicant must satisfy the Court that he was prev
India Law Library Docid # 2400326

(697) SRIGANESH CHANDRASEKARAN AND OTHERS Vs. M/S. UNISHIRE HOMES LLP AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-10-2023
Consumer Protection Act, 1986 - Section 12(1)(c) read with Section 13(6) - Civil Procedure Code, 1908 (CPC) - Order 1 Rule 8 - Deficiency in service and unfair trade practice on account of delay in handing over the possession of flats - It is manifest that there has been a huge delay of more than six years in handing over possession of the apartments to the Complainants - However, in the Chart filed by the Learned Counsel for the Complainants giving details of the Complainants, the date of offer
India Law Library Docid # 2400334

(698) M/S. EASTERN MOTOR, AUTHORISE DEALER OF MARUTI SUZUKI IMPHAL Vs. . R.K. SANAYAIMA SINGH[MANIPUR STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 18-10-2023
Consumer Protection Act, 2019 - Section 2(C)(iv) - Impleadment as a necessary party - An insurance service provider under Section 2(C)(iv) of the Consumer Protection Act, 1986 and the said service provider is ought to provide every brief explanation regarding the service to be provided under the instructions and procedures of the respective insurance companies - Hence, the insurance companies cannot be held as necessary parties since an effective order could be passed without impleading the insu
India Law Library Docid # 2400332

(699) M/S. BIMAL TEXTILES PANIPAT THROUGH ITS PROPRIETOR MR. VIPIN GOYAL Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-10-2023
Insurance Claim - Accidental fire - Enhancement of claim amount - Discharge voucher had been signed without any undue influence, threat or coercion on the part of the Insurance Company - There is nothing on record to infer that the Insurance Company exercised some undue advantage for coercing the complainant wielding its prominent position - Complainant dismissed.
India Law Library Docid # 2400299

(700) STATE BANK OF INDIA, MAIN BRANCH, HOSPITAL ROAD, MANSA, DISTRICT MANSA THROUGH IT’S BRANCH MANAGER AND OTHER Vs. YOGTA D/O JATINDERVIR GUPTA[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 17-10-2023
Consumer Protection Act, 2019 - Section 2 - Education Loan - Subsidy - Respondent/complainant applied for a study loan with the appellants/OPs for an amount of Rs. 5,50,000/- for which an agreement was executed between the parties - Appellants/OPs disbursed the education loan issued by them in the name of respondent/complainant - As per scheme, the loan had to be paid by her in 108 installments starting from one year after the course period of 48 months commencing from 01.08.2015 or after six mo
India Law Library Docid # 2400329