(761) MANAGING DIRECTOR KERALA FINANCIAL CORPORATION AND OTHERS Vs. VYSYAN HAMZA PROPRIETOR SAHIRA FURNITURE AND INDUSTRIES MAIN ROAD KAMBALAKKAD POST KANIYAMBETTA[KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-11-2023 Consumer Protection Act, 1986 Definition of Consumer Revenue Recovery proceedings Defaulter in loan repayment challenging recovery charges Cannot be considered a consumer District Forum erred in entertaining complaint. India Law Library Docid # 2400990
(762) THE ORIENTAL INSURANCE CO. LTD. Vs. M/S ORIENT RESINS LTD.[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-11-2023 Consumer Protection Act, 1986 Section 2(1)(g) and 2(1)(o) Deficiency in Service Insurance claim repudiated due to disputed road existence after theft of vehicle District Commission found deficiency in service and awarded claim amount and compensation. India Law Library Docid # 2400963
(763) AJIT SINGH Vs. M/S. RELIANCE GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-11-2023 Consumer Protection Act, 1986 Revision Petition Delay in filing Sufficient cause for condoning delay if free copy of order not received, and application for copy filed promptly. India Law Library Docid # 2400956
(764) PRADEEP & COMPANY Vs. ORIENTAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-11-2023 Consumer Protection Act, 1986 — Section 21 — Revision Petition — Scope of Revisional Jurisdiction — Limited scope — Can only be exercised if there is prima facie jurisdictional error, or if State Commission failed to exercise or exercised jurisdiction illegally or with material irregularity. India Law Library Docid # 2400957
(765) NEW INDIAASSURANCE CO. LTD. Vs. AMIT EARTH MOVERS[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-11-2023 Consumer Protection Act, 1986 Insurance Policy Location of Operation When an insured vehicle, like a hydraulic excavator, is insured by the New India Assurance Company Ltd. and the policy lists a specific operating address, but the vehicle is moved to a different location for work purposes, the insurance cover should extend to the vehicle's new operational area, provided the insured remains the same and the vehicle is within the policy period. The insurer's argument that the policy became voi India Law Library Docid # 2400978
(766) REKHA KUMARI W/O SH. VEERU ALIAS RAUJENDER Vs. SH.TULSI RAM BANSAL, S/O SH. JINDU RAM AND OTHERS[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-11-2023 Insurance Law — Life Insurance Policy — Premium Payment — Lapse of Policy — Child Insurance Policy — Claim for Deficiency in Service — Burden of Proof — Complainant failed to prove handing over of premium amount to agent. India Law Library Docid # 2400979
(767) RAGHUVEER SINGH AND OTHERS Vs. NARAYANA HRIDAYALAYA LTD. (NARAYANA MULTISPECIALTY HOSPITAL) AND 2 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-11-2023 Consumer Protection Act, 1986 — Medical Negligence — Duty of care — Hospital liability — Complainant sought treatment for toothache, underwent 14 surgeries, lost a leg, and suffered other severe complications due to alleged medical negligence during an angioplasty procedure. Held, a hospital is vicariously liable for the negligence of its doctors. India Law Library Docid # 2400780
(768) M/S. SHAKAMBARI POLYMERS PRIVATE LIMITED Vs. ORIENTAL INSURANCE CO. LTD. & 3 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-11-2023 Insurance Law Marine Cargo Policy Inland Transit Damage during unloading Insurer's repudiation Complaint allowed. India Law Library Docid # 2400777
(769) MAYA SHARMA AND 2 OTHERS Vs. RAJ HOSPITAL AND 3 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Medical Negligence — State Commission set aside District Forum order finding negligence, but National Commission found material irregularity in State Commission order and restored District Forum order. India Law Library Docid # 2400778
(770) NEW INDIAASSURANCE COMPANY LTD. Vs. M/S. N.R.H. CO.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-11-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Jurisdiction — Review of State Commission and District Forum orders — Petitioner challenging orders that allowed insurance claims for damages to a building and stock due to heavy rain. India Law Library Docid # 2400779
(771) KHANNA PAPER MILLS LTD. Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-11-2023 Insurance Law Industrial All Risk Policy Repudiation of Claim Breach of Policy Terms Denial of Coverage Interpretation of Exclusion Clause Circumstances leading to damage of Industrial Steam Turbine Allegations of wear and tear versus accidental damage Admissibility of claim based on timely intimation and production of documents Surveyor's report and its evidentiary value Role of OEM technical report Significance of advance purchase of spare parts Unfair trade practice and deficiency India Law Library Docid # 2400776
(772) M/S EMPIRE HOME APPLIANCES LTD. Vs. NATIONAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-11-2023 Insurance Policy Standard Fire and Special Perils Policy Claim for goods destroyed by fire. India Law Library Docid # 2400775
(773) M/S. CLINIC NALLAM AND ANOTHER Vs. A. HELEN VICTORIA AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 1986 — Sections 2(1)(g), 14, 19, and Article 246 — Medical Negligence — Foreign Object Left in Patient — Appeal against partial allowance of complaint by State Commission. India Law Library Docid # 1882350
(774) MR. KRISHAN CHANDER MALIK Vs. STATE BANK OF INDIA THROUGH ITS REGIONAL MANGER AND OTHERS[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 1986 — Deficiency in Service — Leave Encashment — Complainant retired under Voluntary Retirement Scheme (VRS) and received leave encashment — Bank later debited the amount due to alleged discrepancy — Complainant filed a complaint for refund and damages claiming he was a consumer and bank had no right to withdraw the amount — Held, complainant's contention was not tenable in view of an undertaking given by him that if there was any discrepancy after payment, the bank cou India Law Library Docid # 2400578
(775) SAHARA HOSPITALITY LTD. Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Insurance Law — Interpretation of Policy Terms — Ambiguity — Contra Proferentem Rule — Where an insurance policy contains ambiguous terms, particularly regarding the definition of "storm," the rule of contra proferentem applies, meaning the ambiguity should be interpreted in favor of the insured. India Law Library Docid # 2400573
(776) UNITED INDIA INSURANCE CO. LTD. Vs. STERLITE POWER TRANSMISSION LIMITED[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 2019 Section 38(2)(a) Filing of Written Statement The law mandates that a written statement must be filed within 30 days of receiving the complaint, with a possible extension of 15 days at the discretion of the Commission if sufficient cause is shown. India Law Library Docid # 2400577
(777) J. NAGI REDDY MANAGING PARTNER, SRI MEENAKSHI BUILDERS AND DEVELOPERS Vs. RAVI SHANKAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 1986 — Section 19 — First Appeal — Consumer Complaint filed for refund of amount paid for a flat due to disputed land title — State Commission allowed the complaint directing refund with interest and litigation cost — Appellant challenged the order arguing complaint was time-barred, a civil dispute, and no deficiency in service — Appeal dismissed as builder was aware of title dispute and failed to disclose it to the complainant, constituting unfair trade practice and def India Law Library Docid # 2400572
(778) M/S. CLINIC NALLAM AND ANOTHER Vs. A. HELEN VICTORIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Medical Negligence — Foreign object left during surgery — Complaint filed within limitation period of knowledge of foreign object. India Law Library Docid # 2400574
(779) M/S. SWARNA MOTORS Vs. ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Consumer Protection Act, 1986; Section 21 — Complaint against repudiation of insurance claim — Fire incident — Complainant, a proprietorship firm, filed a claim under a Standard Fire and Special Perils Policy after a fire incident. The insurance company repudiated the claim based on the surveyor's report which assessed the loss at a much lower amount than claimed. The complainant challenged the repudiation on grounds of delay in claim settlement and error in the surveyor's report. The insurance India Law Library Docid # 1882333
(780) HDFC LIFE INSURANCE COMPANY LIMITED Vs. VIKRAMBHAI RANCHODDAS RANA[GUJARAT CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Consumer Protection Act, 1986 — Section 15 — Appeal against order allowing consumer complaint — Insurance claim rejection challenged — Insured failed to disclose pre-existing diabetes at the time of policy application — Medical records and discharge summary confirmed diabetes as a contributing factor in death — Insurance contract is based on utmost good faith — Suppression of material fact regarding health condition constitutes a breach of good faith — Insurance company has the right to cancel t India Law Library Docid # 2400579