(701) GENERAL MANAGER, NORTHERN RAILWAY - PETITIONER(S) Vs. HIMANSHU BOHRA - RESPONDENT(S)[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-12-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — National Commission's power to interfere with concurrent findings of forums is limited — Interference is permissible only in cases of patent illegality, material irregularity, or jurisdictional error — Re-appreciation of evidence or challenging concurrent findings on already raised grounds does not warrant interference. India Law Library Docid # 2401412
(702) LIFE INSURANCE CORPORATION OF INDIA - PETITIONER Vs. HEMA AGARWAL AND ANOTHER - RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-12-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Delay — Condonation of delay justified due to office shifting and procedural steps, despite clerical errors in application — Delay of 580 days condoned with costs of Rs. 1.00 lakh. India Law Library Docid # 2401413
(703) LIFE INSURANCE CORPORATION OF INDIA - PETITIONER Vs. GUDIYA DEVI - RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-12-2023 Limitation — Condonation of Delay — Consumer Protection Act, 2019 (or relevant earlier Act) — Revision Petition — Petitioner sought condonation of delay of 157 days in filing Revision Petition against State Commission's order — Grounds cited included processing delays, obtaining necessary documents (FIR, Charge-Sheet), and translation issues — Commission analyzed principles for condonation of delay based on Supreme Court judgments in Basawaraj, Esha Bhattacharjee, Office of the Chief Post Master India Law Library Docid # 2401414
(704) M/S. EICHER MOTORS LTD. – PETITIONER Vs. AVINASH SHETYE AND ANOTHER – RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-12-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope — Highlighting that the present Commission is not a appellate forum but a revisional forum, which means it can only interfere with the order of the lower forum if it is illegal, irregular, or improper, and not on the basis of factual disputes unless there is a perversity. India Law Library Docid # 2401415
(705) PRAGATI PAPERS INDUSTRIES KALAAMB DISTT.SIRMOUR H.P. THR M.D. AND OTHERS Vs. NATIONAL INSURANCE CO. THR BRANCH MANAGER NARAINGARH DISTT.AMBALA AND OTHERS[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-12-2023 Consumer Protection Act, 1986 — Complaint — Dismissal of — Insurance claim — Flood loss alleging — Court found no evidence of flood in the locality on the day of the alleged incident — Valuation report invalid due to lack of evidence — Insurance company's surveyor report stating no flood confirmed — District Consumer Commission's order directing payment set aside. India Law Library Docid # 2400974
(706) SMT. SONALI CHATTERJEE W/O SRI JAYANTA CHATTERJEE Vs. MRS. SUMITRA HALDER AND OTHERS[WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-12-2023 Consumer Protection Act, Section 17(1)(a)(i) — Deficiency in Service — Joint Venture Agreement — Landowner and Developer Agreement — Developer's Obligation to Construct and Hand Over Flat — Complaint for Refund of Earnest Money — Developer's Rights under Agreement — Buyer's Payment of Earnest Money as per Agreement — Delayed Construction — Death of Developer — Legal Heirs' Liability — Consumer Forum's Role in Redressal. India Law Library Docid # 2401004
(707) SRI SHANKAR LAL RAJGARIA AND OTHERS Vs. THE MISSION HOSPITAL AND OTHERS[WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-12-2023 Consumer Protection Act, 1986 Section 24A Limitation Complaint filed after the statutory period of two years from the date of cause of action without a condonation petition is not maintainable. India Law Library Docid # 2401005
(708) MAKEMY TRIP (INDIA) PVT. LIMITED Vs. MR. SHANKAR JINDAL AND ANOTHER[CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 30-11-2023 Consumer Protection Act, 2019 — Deficiency in Service — Online Travel Agent Liability — An online travel agent is not absolved of responsibility when a flight booked through its platform is cancelled, and it should assist customers in such situations rather than merely directing them to the airline. India Law Library Docid # 2400962
(709) UNITED INDIA INSURANCE CO. LTD. Vs. SH. KHEM RAJ PAINULI[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 30-11-2023 The Consumer Protection Act, 1986 — Section 15 — Appeal against District Consumer Forum's order — Insurance claim — Vehicle damage due to falling stone — Insurance company repudiated claim due to lack of valid fitness certificate at the time of accident — District Forum allowed the complaint — Appeal filed by insurance company. India Law Library Docid # 2401002
(710) M/S. ENGINEERS INDIA LIMITED Vs. PT. ASURANSI MITSUI SUMITOMO, INDONESIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-11-2023 Insurance Law Marine Cargo Insurance Institute Cargo Clauses (A) Coverage for damage during transit Admissibility of repair costs vs. consequential losses Interpretation of policy exclusions for delay. India Law Library Docid # 2400942
(711) DR. D. J. DE SOUZA Vs. THE MANAGER[GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 30-11-2023 Consumer Protection Act, 1986 Deficiency in Service Freezing of Account and Blocking of Debit Card Bank's actions were genuine and system-operated due to multiple customer IDs and suspected fraud attempts, not a deficiency in service. India Law Library Docid # 2400970
(712) THE ICICI LOMBARD GENERAL INSURANCE CO. LTD. ICICI BANK TOWER Vs. HASINA RIZWAN SHAIKH[GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 30-11-2023 Consumer Protection Act, 1986 — Section 15 — Appeal against District Forum's order — Insurance claim — Car fire — Exclusion clauses — Insurer's repudiation based on electrical failure excluded by policy terms — Complainant's argument on admissibility of investigator's report and explanation of policy terms — Court's assessment based on panchnama, police report, and FSL report — surveyor's assessment accepted due to lack of cross-examination — Modification of District Forum's order to reflect sur India Law Library Docid # 2400972
(713) DOLE RAM S/O SH. SURTA Vs. THE H.P. STATE CO.OPERATIVE BANK LTD. AND OTHERS[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 30-11-2023 Consumer Protection Act, 1986 — Insurance — Property Damage — Repudiation of claim — Denial of claim on ground of misrepresentation of property usage (residential vs. commercial) — Insurance company estopped from raising this issue when its agent and bank officials inspected the property before issuing the policy and verified documents — Subsequent objection loses significance, especially when claim is for dwelling house damage — Insurance company cannot repudiate the claim after accepting premi India Law Library Docid # 2400987
(714) MS. NEETA Vs. M/S KHANNA NURSING HOME AND OTHER[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 29-11-2023 Consumer Protection Act, 1986 — Medical Negligence — Standard of Care — Doctors are expected to exercise reasonable skill and knowledge, and a reasonable degree of care. They are not liable for negligence if their actions are acceptable to the medical profession, even if other practitioners might have chosen a different course of treatment. India Law Library Docid # 2400968
(715) REGIONAL ROVIDENT FUND COMMISSIONER Vs. N. RAVINDRANATHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-11-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope of — The revisional jurisdiction of the National Commission is limited. It can only be exercised if the State Commission has exercised a jurisdiction not vested in it by law, failed to exercise a vested jurisdiction, or acted illegally or with material irregularity. The National Commission cannot interfere with concurrent findings of fact by the District Forum and State Commission unless there is a grave error in apprec India Law Library Docid # 2400950
(716) LIFE INSURANCE CORPORATION AND OTHERS Vs. SURESH KUMAR DHIR (SINCE DECEASED) THROUGH HIS LR’S AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 29-11-2023 Consumer Protection Act, 2019 Section 41 Appeal against District Commission order Insurance policy dispute Complainant entitled to reimbursement of medical expenses incurred during hospitalization, including ICU stay, as per policy terms. India Law Library Docid # 2401001
(717) M/S ROHAN MOTORS THROUGH THEIR WORKSHOP MANAGER ROHAN MOTORS Vs. SMT. JASBIR KAUR W/O SH. HARJEET SINGH AND OTHERS[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 29-11-2023 Consumer Protection Act Procedural Fairness District Consumer Forum Closing opportunity to file written statement Proper cause for delay Traffic jam preventing timely appearance Consumer Commission has power to set aside such orders. India Law Library Docid # 2401003
(718) THE ORIENTAL INSURANCE COMPANY LTD. AND OTHER Vs. MRS. PATEL HIRAL RAGHUNATH AND OTHER[GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 29-11-2023 Consumer Protection Act, 1986 — Section 15 — Appeal against District Forum order — Grounds for appeal — Insurance claim repudiation — Pre-existing disease clause — Interpretation of policy terms — No direct nexus between diabetes and coronary artery disease — District Forum order upheld. India Law Library Docid # 2400971
(719) UNITED INDIA INSURANCE CO. LTD. AND OTHERS Vs. KAMLA DEVI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision jurisdiction of National Commission — Limited scope — Exercise of powers only in cases of jurisdictional error, failure to exercise jurisdiction, or illegal or materially irregular exercise of jurisdiction by the State Commission. India Law Library Docid # 2400949
(720) M/S ROYAL INFRACONSTRU LTD. Vs. M/S EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-11-2023 Preamble: This judgement concerns a claim filed by a complainant, a manufacturer of steel railway sleepers, against the Export Credit Guarantee Corporation of India Ltd. (ECGC) for non-receipt of export proceeds due to issues arising from sanctions against Iran. The complainant secured a purchase order from an Iranian company, and the financial transaction was to be handled via a Letter of Credit (LC) issued by the State Bank of India. The complainant also obtained an insurance policy from ECGC India Law Library Docid # 2400947