(781) 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
(782) 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
(783) 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
(784) 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
(785) 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
(786) 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
(787) 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
(788) 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
(789) 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
(790) 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
(791) 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
(792) 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
(793) 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
(794) 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
(795) 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
(796) 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
(797) 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
(798) 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
(799) 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
(800) 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