(741) M/S. MAHATMA GANDHI MISSION HOSPITAL AND OTHERS Vs. PARSHURAM LANDGE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope — The National Consumer Disputes Redressal Commission can entertain a revision petition against an order of the State Consumer Disputes Redressal Commission. India Law Library Docid # 2414350
(742) RENAULT INDIA PVT. LTD. AND ANOTHER Vs. SHAILENDER KUMAR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Jurisdiction — Limited Scope — National Commission's revisional power is restricted to cases where State Commission has exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Interference is not warranted with concurrent factual findings of District Forum and State Commission unless such errors are present. India Law Library Docid # 2414351
(743) ANAND LIFE SPACE DEVELOPMENT LLP AND OTHERS Vs. MOHIT BHALLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 2019 Section 51, 58 Appeal against State Commission's order Delay in filing appeal condoned in the interest of justice. India Law Library Docid # 2414355
(744) EAST INDIA TRANSPORT AGENCY Vs. DHARIWAL INDUSTRIES LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of Consumer — Commercial Purpose Exclusion — A company engaged in business activities and using transportation services for carrying goods to buyers for profit is not a consumer under the Act. India Law Library Docid # 2414356
(745) ZINA VARUGIS Vs. M/S. UMIYA BUILDERS AND DEVELOPERS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Dismissal of complaint as barred by limitation — Appellant booked a flat, paid substantial amount, agreement for sale, delayed possession, incomplete work admitted by respondent — State Commission dismissed complaint on limitation — Appellant contended offer of possession not valid as Occupancy Certificate not produced, continuing cause of action — Respondent contended delay due to appellant's requests, flat India Law Library Docid # 2414357
(746) DR. YASMEEN KHAN AND ANOTHER Vs. SABIHA HAMID MAJOR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeals against State Commission's order — Two cross appeals — One by doctor challenging order upholding complaint, another by patient seeking enhanced compensation — Both appeals emanate from the same order and based on same facts — Lead case taken as the one filed by the doctor. India Law Library Docid # 2414358
(747) SUBHAM BUILDERS AND DEVELOPERS Vs. RUCHI SONI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act Delay in Filing Appeal Condonation of delay requires sufficient cause, meaning the party was not negligent or acting without bona fide. India Law Library Docid # 2414359
(748) UNITED INDIA INSURANCE CO. LTD. Vs. GIRI RAJ PRASAD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Order of State Commission — Upheld — Insurance claim repudiated on grounds of delay in intimation to police and insurance company — State Commission allowed appeal, finding delay not attributable to complainant and citing Supreme Court judgment that in theft claims, policy violations are not paramount — District Forum had dismissed complaint due to delay in FIR and intimation. India Law Library Docid # 2414360
(749) SHARDA VINOD BHATIA Vs. TATA MOTORS LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 13(1)(c) — Defect in goods — Determination of — Expert opinion — Requirement for establishing manufacturing defect — Unless an expert opinion from an authorized laboratory or recognized government authority is procured and presented, a claim of manufacturing defect cannot be substantiated — Complainant's failure to obtain and present such an opinion is fatal to their claim for refund of purchase price. India Law Library Docid # 2414361
(750) LIFE INSURANCE CORPORATION OF INDIA AND OTHERS Vs. IMRAN KHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of — Petitioners sought to revise order passed by State Commission which upheld District Forum's decision allowing death benefit claim against insurance company — Respondent argued that State Commission did not commit jurisdictional error or miscarriage of justice and that grounds for revision were not novel. — Held, Petitioner's arguments were considered and found to be legally tenable, leading to allowance of the revisio India Law Library Docid # 2414362
(751) BANK OF BARODA, BRANCH NARAHI AND OTHER Vs. OMANTH CHATTERJEE S/O LATE V.C. CHATERJEE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-04-2024 Consumer Protection Act, 1986 / 2019 Section 2(1)(g) Deficiency in Service Hacking of Bank Account RBI Circular on Zero Liability State Commission's order based solely on RBI Circular without analyzing evidence Held, order unsustainable for want of reasons and material evidence. India Law Library Docid # 2414353
(752) P. TULASIDAS Vs. SOUTHERN POWER DISTRIBUTION COMPANY LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-04-2024 Consumer Protection Act, 1986 — Section 26 — Frivolous or vexatious complaint — complainant impleading numerous unrelated individuals, including dignitaries and judges, with baseless allegations of bribe and conspiracy beyond the scope of the Act. Such actions constitute abuse of judicial process. India Law Library Docid # 2414354
(753) BANK OF BARODA Vs. R. VENKATESWARA RAO[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-04-2024 Consumer Protection Act, 1986 & 2019 Definition of Consumer Employee-employer relationship Disciplinary proceedings Deduction of funds Jurisdiction of Consumer Forum Held, a dispute arising from disciplinary proceedings against an employee of a bank, where a deduction from the employee's account is made in accordance with the disciplinary authority's order, does not fall under the purview of the Consumer Protection Act. The relationship in such cases is governed by the contract of service, India Law Library Docid # 2414352
(754) OM PRAKASH UPADHYAYA AND OTHERS Vs. LIFE INSURANCE CORPORATION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Standard of proof for concealment of material facts — Insurance contract is of utmost good faith — Duty of proposer to disclose all material facts affecting the risk — Suppression of facts in proposal form renders policy voidable by the insurer — Non-disclosure of pre-existing medical conditions by the insured at the time of obtaining policies justified repudiation of claim. India Law Library Docid # 2414367
(755) UCO BANK Vs. BALWANT SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Setting aside of State Commission's order — Consumer — Loan agreement — Interest rate — Processing fee — Loan account treated as NPA — Discrimination — Deficiency in service — Unfair trade practice — Adherence to contract terms — Floating interest rate — Lack of transparency — Grounds for revision petition. India Law Library Docid # 2414368
(756) UNION BANK OF INDIA (ERSTWHILE ''ANDHRA BANK'') Vs. SRI KASI VISWANATHA FERTILISERS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-04-2024 Consumer Protection Act, 1986 — Section 21(b) & Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction of National Commission — Scope is limited — National Commission can only intervene if State Commission has exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact and appreciation of evidence by lower forums. India Law Library Docid # 2414369
(757) DIEBOLD NIXDORF INDIA PRIVATE LIMITED Vs. ICICI LOMBARD GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-04-2024 Insurance law — Consumer protection — Commercial purpose exclusion — A contract of insurance is for indemnity and not profit, thus a company engaged in commercial activities obtaining insurance does not fall under the exclusion clause for commercial purposes as a consumer. India Law Library Docid # 2414364
(758) MASTER NEIL MENDONSA (MINOR), THROUGH MRS. INDU MENDONSA AND OTHERS Vs. DR. EGBERT SALDANHA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-04-2024 Consumer Protection Act, 1986 — Medical Negligence — Standard of Care — A doctor is not liable for negligence if they follow a practice acceptable to the medical profession at that time, even if a better alternative existed. The standard of care is judged by the knowledge available at the time of the incident, not the time of trial. India Law Library Docid # 2414365
(759) UNITED INDIA INSURANCE COMPANY LTD. Vs. JAWAHAR LAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-04-2024 Consumer Protection Act, 1986, Section 21(b) Revision Petition Order of State Commission upheld. The petition challenged the State Commission's order directing the Insurance Company to pay Own Damages claim. The revision was against the State Commission's decision that reversed the District Forum's dismissal of the complaint. The revision was dismissed, upholding the State Commission's order. India Law Library Docid # 2414366
(760) KULDEEP CHAND DATTA AND OTHERS Vs. UNITED INDIA INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary jurisdiction — Revisional court to examine whether the order of the State Commission is sustainable or not on merits. India Law Library Docid # 2414363