(761) RAMAKRISHNA HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. AND OTHERS Vs. VIJAYA M KANCHANAHALLI AND OTHERS[KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 2019 — Section 41 — Appeals — Dismissal of appeals against District Commission orders — Appellants, OP societies, argued that bye-laws barred members from claiming interest on deposited site value — Commission upheld District Commission's decision to award interest, finding that the OP societies' failure to develop the layout as promised invalidated this bye-law clause — Waiting indefinitely for development constitutes deficiency in service, justifying interest on deposi India Law Library Docid # 2400988
(762) COUNTRY CLUB (INDIA) LIMITED Vs. MR. VIJAY SEHGAL[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 2019 — Section 41(1) and Consumer Protection Act, 1986 — Section 15 — Application for Condonation of Delay — Proceedings initiated before the enactment of the Consumer Protection Act, 2019 are governed by the Consumer Protection Act, 1986 — New Act is prospective in nature — Cases pending or adjudicated before the commencement of the new Act continue to be governed by the old Act. India Law Library Docid # 2400965
(763) M/S. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD. Vs. DIVISIONAL MANAGER, ORIENTAL INUSRNACE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 — Section 19 — Appeal Against State Commission Order — Dismissal of Complaint — Review of State Commission's decision regarding enforceability of discharge voucher. India Law Library Docid # 2400955
(764) THIRTHANKAR SUPERSPECIALITY HOSPITAL AND OTHERS Vs. MANZOOR HUSSAIN NADEEM[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 Section 19 Appeal against State Commission order challenged order partly allowed complaint, directing payment of compensation, interest, and costs Case involves allegations of medical negligence. India Law Library Docid # 2400953
(765) ECGC INDIA LTD. (FORMERLY KNOWN AS EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LTD.) Vs. SAR AUTO PRODUCTS LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Delay in filing appeal — Condonation of delay — Delay of 51 days condoned in the interest of justice based on reasons provided. India Law Library Docid # 2400954
(766) ORIENT BELL LIMITED Vs. KANTA GOYAL, WIFE OF SH.SURINDER KUMAR AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 Section 12 Complaint filed by consumer District Commission partly allowed complaint, directing opposite parties to pay compensation and costs Appeal filed by one of the opposite parties. India Law Library Docid # 2400997
(767) ROYAL SUNDARAM GENERAL INSURANCE CO. LTD. Vs. RAJEEV KANT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited Scope — National Commission's powers are very limited and can only be exercised if the State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact by lower Fora if based on appreciation of evidence. India Law Library Docid # 2400943
(768) 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
(769) 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
(770) 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
(771) 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
(772) 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
(773) 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
(774) 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
(775) 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
(776) 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
(777) 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
(778) 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
(779) 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
(780) 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