(761) THE REGISTRAR/MANAGER, CHRISTANAND CHARITABLE TRUST HOSPITAL AND ANOTHER Vs. TULSHIRAM AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — State Commission order — District Forum order set aside — Complainant partly allowed appeal — Petitioner filed present revision petition against State Commission's order. India Law Library Docid # 2413998
(762) DARSHNIK MARKETING AND SERVICES PVT. LTD. Vs. ORIENTAL INSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Delay in filing — Delay condoned by the Commission while treating the petition as filed within limitation based on stated reasons. India Law Library Docid # 2413999
(763) RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. PARIMALA GOTHE AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition challenging State Commission's order allowing reimbursement claimed under health policy — Health policy claimed for SPMF therapy for knee pain — District Forum dismissed complaint for not meeting 24-hour hospitalization requirement and treatment not listed under 'Day Care Treatment' — State Commission allowed appeal based on previous similar judgments and the principle that if a therapy is not specifically excluded and no expert e India Law Library Docid # 2414000
(764) SANJEEVANI EMERGENCY HOSPITAL Vs. P. NARSAIAH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Protection Act, 1986, Section 19 — Appeal — Delay condoned on stating reasons in IA No. 4259/2019. India Law Library Docid # 2414001
(765) SAFDARJUNG HOSPITAL AND VMMC AND OTHERS Vs. ASHA GOYAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission's order — State Commission found medical negligence and awarded compensation —Appellant hospital challenged the finding of negligence on grounds of lack of independent expert opinion and failure to consider patient's past medical history — Held, State Commission's finding of negligence upheld. India Law Library Docid # 2414002
(766) SMT. ANJALI KIRAN PATIL AND ANOTHER Vs. SHRI JITENDRA N. MEHTA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Protection Act, 1986 — Deficiency in Service, Unfair Trade Practice — Flat Buyer-Developer Dispute — Preliminary objection regarding maintainability of complaint on grounds of Complainant being investor and not a consumer — Letter of allotment and acknowledgement of oral understanding for adjusting loan amount towards flat consideration establishes Complainant as a flat buyer — Burden on Opposite Party to prove otherwise is not discharged — Complaint held maintainable — Preliminary obje India Law Library Docid # 2413993
(767) MRS. SEHEHERAZEDE JAVERI AND OTHER Vs. CARE HOSPITAL (QUALITY CARE INDIA) AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Medical Negligence Hospital Associated Infection (HAI) Patient undergoing coronary surgery subsequently developed infections including Pseudomonas aeruginosa, a hospital-acquired condition. The court found that these infections were likely caused by contaminated equipment used during treatment, leading to the patient's death. The hospital was held liable for deficiency in service due to lapses in hygiene and failure to prevent infections. India Law Library Docid # 2413994
(768) L & T FINANCE LTD. AND ANOTHER Vs. MEENAKSHI KUMARI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Powers — Limited Scope — Revisional jurisdiction of the National Commission is extremely limited and should be exercised only when there is a jurisdictional error, failure to exercise jurisdiction, or illegal/irregular exercise of jurisdiction by the State Commission. India Law Library Docid # 2413995
(769) PUNJAB NATIONAL BANK AND OTHERS Vs. ROHIT MALHOTRA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Jurisdiction — Service matters — Retiral benefits — Pension dispute — Consumer Protection Act does not cover service matters or disputes regarding retiral benefits, which fall under service conditions and relevant rules — Government servants cannot raise such disputes before consumer forums; appropriate forums are Administrative Tribunals or Civil Courts. India Law Library Docid # 2413996
(770) CARE HEALTH INSURANCE LIMITED (FORMERLY KNOWN AS RELIGARE HEALTH INSURANCE COMPANY LTD AND ANOTHER Vs. HARJINDER SINGH SOHAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope of revision — No illegality, material irregularity, or jurisdictional error found in the State Commission's order, therefore, Revision Petition dismissed. India Law Library Docid # 2413997
(771) GAURAV MAHAJAN Vs. ASIAN INSTITUTE OF MEDICAL SCIENCES (AIMS) AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Medical Negligence Myasthenia Gravis Oncologist's Role The complainant alleged that an Oncologist was negligent in treating his father for Myasthenia Gravis and failing to refer him to a Neurologist. The court found that an Oncologist with a qualification in Medicine could diagnose and treat general muscle weakness associated with Myasthenia, and in this case, the patient was eventually treated by Neurologists when a crisis occurred. The repeated visits to the same hospital and doctor suggest India Law Library Docid # 2413988
(772) KAILASH KUMARI Vs. M/S. OMAXE LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal — Standard of proof — Builder Buyer Agreement — Unilateral and unreasonable terms imposed by builder on allottee are not binding — Court also observed that the developer cannot compel apartment buyers to be bound by one-sided contractual terms contained in apartment buyers agreements. India Law Library Docid # 2413989
(773) HUBLI ELECTRICITY SUPPLY COMPANY LTD. AND ANOTHER Vs. IRAPPA HANAMAPPA SHEBANNAVAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Condonation of Delay — Sufficient Cause — The petitioner filed a revision petition with a significant delay of 341 days, which, even after excluding periods related to COVID-19, amounted to 92 days. The reasons provided for the delay, including seeking original documents and awaiting advice, were found to be unconvincing. India Law Library Docid # 2413990
(774) STANDARD CHARTERED BANK Vs. DR. VINOD KUMAR BHALLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Grounds for interference — Interference by the National Commission in revision is limited to cases where there is a jurisdictional error or a perversity in the findings of the lower forums. India Law Library Docid # 2413991
(775) M/S. WORLDWIDE IMMIGRATION CONSULTANCY SERVICES LTD. Vs. SUDHA BABBAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986, Section 21(b) — Revision Petition — Grounds for interference — State Commission empowered to set aside orders of District Forum — Petitioner argued State Commission exceeded jurisdiction and relief awarded was beyond scope of Act — Held, Petitioner's challenge primarily revolves around interpretation of contractual terms and liability for payments made to associated entities — These are matters within the purview of consumer forums. India Law Library Docid # 2413992
(776) SANJAY FOODS INDIA PVT. LTD. Vs. UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Dismissal of complaint — Insurance claim — Standard Fire and Special Perils Policy — Contention that fire was caused by short circuit versus spontaneous combustion. India Law Library Docid # 2413798
(777) NATIONAL INSURANCE CO. LTD. Vs. MEGHANA (BIO-TECH) TISSUE CULTURE NURSERY REPRESENTED BY ITS PARTNERS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Insurance claim — Repudiation of claim for loss of tissue culture due to AC failure and temperature rise — Policy covered fire and special perils — Exclusions for change in temperature and electrical apparatus damage — Surveyor report stated loss not due to fire, but AC panel failure from voltage fluctuation — State Commission allowed claim citing proximate cause of "burning" due to increased temperature, interp India Law Library Docid # 2413799
(778) AVIVA LIFE INSURANCE CO. INDIA LTD. Vs. KARIYAPPA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Insurance Act — Section 45 — Material facts — Duty of disclosure — Contract of insurance is a contract of utmost good faith (uberrimae fidei) — Insured has an obligation to make a true and full disclosure of information within their knowledge — It is not for the proposer to decide what is material — Failure to disclose material facts known to the applicant entitles the insurer to repudiate the claim. India Law Library Docid # 2413800
(779) EKKORI DAS S/O. LATE HRISHIKESH DAS Vs. SODIPTO CHATTERJEE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Sale of flat — Non-execution of Deed of Conveyance — Landlord's dispute with developer — Held, dispute between landlord and developer cannot be used to avoid obligations to home buyers. India Law Library Docid # 2413801
(780) NEW INDIA ASSURANCE CO. LTD. Vs. M/S MADHAV AUTOMOTIVE FASTENERS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 17 — Appeal against order of State Commission — Insurance claim dispute — Fire policy — Surveyor's report — Dispute over deductions made by surveyor — Failure to provide surveyor's report to claimant — Unfair trade practice — Dismissal of appeal with modifications. India Law Library Docid # 2413802