(741) NEW INDIAASSURANCE CO. AND OTHERS Vs. M/S LAYALPUR TRANSPORT CORPORATION RAINBOW MARKET, POLYTECHNIC CHOWK, AMBALA CITY AND OTHERS[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986/2019 Appeal against order of District Consumer Disputes Redressal Forum Delay in filing Condoned. India Law Library Docid # 2400976
(742) M/S MANN AND HUMMEL FILTER PVT. LTD. Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Insurance — Erection All Risk Policy — Claim for damaged Air Handling Units. India Law Library Docid # 2400960
(743) SURESH KUMAR Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Consumer Protection Act, 1986 Insurance Claim Repudiation Fraudulent Misrepresentation Complainant obtained an insurance policy based on a fake previous policy and false claim of No Claim Bonus (NCB) Insurer rightly repudiated the claim. India Law Library Docid # 2400977
(744) SMART ASSET SERVICES INDIA PRIVATE LIMITED AND OTHERS Vs. ANANTH PARIMI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Consumer Protection Act, 1986 Section 2(1)(d) Consumer Commercial purpose Onus on opposite party to prove commercial purpose Complainant's dominant intention was to acquire property, not profit from resale Supporting evidence from correspondence and options provided by service provider Failure of appellants to provide evidence of complainant dealing in real estate for profit. India Law Library Docid # 2400951
(745) YASH Vs. DR. AJIT SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Medical Negligence — Complainant tested HIV Negative by Respondent No. 2, but later diagnosed HIV Positive by PGIMS Rohtak and Dr. Lal Path Labs — Complainant died due to delayed treatment of HIV and Tuberculosis — District Forum awarded compensation against both respondents — State Commission held Respondent No. 2 liable for wrong diagnosis and enhanced compensation, but exonerated Respondent No. 1 as he treated based on report India Law Library Docid # 2400952
(746) GURDEEP SINGH Vs. DALJEET KUMAR S/O PRITAM AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Consumer Protection Act Sale of Used Vehicle Repair Costs The buyer of a 7-year-old used scooter claimed compensation for repair costs due to defects, alleging concealment of the vehicle's condition by the sellers. The appellate forum rejected this claim, stating that normal wear and tear is expected in old vehicles and the buyer should have been vigilant at the time of purchase. India Law Library Docid # 2400996
(747) SMT. DROPATI DEVI Vs. TATA AIG GENERAL INSURANCE LTD.[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Insurance Law — Motor Vehicle Insurance — Motor theft claim — Complainant's vehicle stolen and later recovered in damaged condition — Insurance company denied claim due to lack of cooperation and evidence regarding vehicle's condition at recovery — District Commission dismissed complaint but granted liberty to file fresh complaint after insurer adjudicates claim. India Law Library Docid # 2400984
(748) KOTHOTTIL PHARMACEUTICAL DISTRIBUTORS AND OTHERS Vs. ORIENTAL INSURANCE CO LTD AND OTHERS[KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Consumer Protection Act, 1986 — Section 12 — Complaint for compensation for losses due to fire — Insurance claim repudiated — Allegation of deficiency in service by insurer. India Law Library Docid # 2400989
(749) MR. NEERAJ GAUBA AND ANOTHER Vs. BESTECH INDIA PVT. LTD. AND ANOTHER[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986, Section 2(1)(d) — Definition of 'consumer' — Commercial purpose — Onus of proof — A person is considered a consumer if they buy goods for consideration, not for resale or commercial purpose — The onus is on the opposite party to provide documentary evidence that a unit was purchased for commercial purposes to exclude the buyer from the definition of 'consumer' — A mere allegation of commercial purpose is insufficient. India Law Library Docid # 2400964
(750) MR. STEPHEN ROGER AFONSO Vs. SHRI. CHANDRAS PEDNEKAR[GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986 — Section 2(d)(i) — Consumer — Definition of — Commercial purpose — Appellant purchased a photocopying machine for his business shop, which was a "small shop" but aimed at earning profit — Held, the primary purpose of purchasing the machine was for commercial activity with profit motive, thus the appellant did not fall under the definition of a "consumer" as per Section 2(d)(i) of the Act. India Law Library Docid # 2400969
(751) SHRI KRISHAN COLD STORAGE Vs. DEEP SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of Consumer — Argument that storing potatoes for livelihood did not constitute consumer status — Rejection of argument as petitioner failed to establish potatoes were not for livelihood and provided no evidence to support this claim. India Law Library Docid # 2400958
(752) MANAGER, HDFC EGRO GENRAL INSURANCE CO. LTD. Vs. BHARAT LAL MOGRE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Scope — National Commission can interfere with concurrent findings of fact only if they are perverse or fora below acted without jurisdiction — Re-assessment or re-appreciation of evidence is not permissible in revisional jurisdiction. India Law Library Docid # 2400959
(753) M/S INTERNATIONAL TRACTORS LTD. Vs. VIJAY KUMAR S/O SH. BANKU RAM AND OTHERS[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986 Deficiency in Service Unfair Trade Practice Dealer fails to provide retail invoice and insurance documents for a tractor sold to a complainant. India Law Library Docid # 2400980
(754) PAWAN KUMAR Vs. THE SENIOR MANAGER, NEW INDIA ASSURANCE COMPANY LTD. MEHATPUR[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Motor Vehicles Act, 1988 and Motor Vehicles Rules, 1989 — Rule 9(3) — Driving Licence — Endorsement for carrying hazardous goods — Insurance Claim — Repudiation — Vehicle owner's claim for damaged vehicle was repudiated by insurance company on grounds that the driver's licence did not have the mandatory endorsement to carry hazardous goods, as per Rule 9(3) of the Motor Vehicles Rules, 1989 — Vehicle was carrying empty hydrogen gas cylinders at the time of accident — Rule 9(3) mandates endorseme India Law Library Docid # 2400981
(755) NARESH VERMA Vs. SINGH BROTHERS (SHOE PALACE)[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986 — Deficiency in Service — Complaint for defective shoes — Complainant purchased shoes for Rs. 3,400/-, which got spoiled within 2-3 months, despite a warranty of six months — Complainant approached the seller for exchange but was unsuccessful, leading to a complaint alleging deficiency in service and unfair trade practice. India Law Library Docid # 2400982
(756) UBER INDIA SYSTEMS PVT. LTD. Vs. REEMA JEETSINGH CHAWLA[MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 2019 — Section 38(2) — Filing of Written Version — Limitation Period — Mandatory 45-day period for filing written version is strictly applicable — No discretion for extension by District or State Consumer Commissions — Supreme Court judgment in New India Assurance Co. Ltd. V/s Hilli Multipurpose Cold Storage Pvt. Ltd. is binding. India Law Library Docid # 2400992
(757) DUA HOSPITAL & MATERNITY HOME, AZAD CHOWK AND OTHERS Vs. JATINDER KAUR W/O MANDEEP SINGH AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986 Deficiency in Service Medical Negligence Unfair Trade Practice Allegation of medical negligence and unfair trade practice against a hospital and doctor for alleged improper medical services during childbirth, including unnecessary caesarean operation and inadequate post-operative care. India Law Library Docid # 2400993
(758) INDIAN OIL CORPORATION LIMITED Vs. MOHAN KATARA SON OF SH. SHAM LAL AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986 — Deficiency in Service — Unfair Trade Practice — Gas Subsidy Not Credited — Appellant (Indian Oil Corporation) challenged Consumer Commission's order directing credit of subsidy and compensation. Complainant had booked cylinders and subsidy was not credited. Commission partly allowed the complaint. Appellant argued complainant had availed maximum subsidized cylinders for the financial year as per government policy and thus was not entitled to further subsidy. The a India Law Library Docid # 2400994
(759) CHARANJIT SINGH S/O SR. SURJIT SINGH AND OTHERS Vs. C & C TOWERS LTD., AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986, Section 17 Consumer Complaint Maintainability Two complaints filed against same opposite parties (OPs) involving common questions of law and facts, consolidated for disposal. India Law Library Docid # 2400995
(760) SHRIRAM GENERAL INSURANCE COMPANY LIMITED AND OTHERS Vs. SMT. RACHNA KUMARI W/O LATE SH. KULDEEP SINGH AND OTHERS[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Motor Vehicles Act, 1988 — Driving Licence — Validity for Transport Vehicles — A person holding a valid licence to drive a Light Motor Vehicle (Non-Transport) can also drive a Light Motor Vehicle (Transport/Light Commercial Vehicle/Goods Vehicle). India Law Library Docid # 2400983