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(781) M/S. SWARNA MOTORS Vs. ORIENTAL INSURANCE COMPANY LIMITED AND 2 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023
Consumer Protection Act, 1986 — Section 21 — Insurance claim repudiation — Fire and Special Perils Policy — Complaint filed against repudiation of insurance claim for fire incident.
India Law Library Docid # 2400566

(782) MONIKA DHINGRA AND OTHERS Vs. PIONEER URBAN LAND & INFRASTRUCTURE LIMITED AND 3 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023
Consumer Protection Act, 1986 — Section 21(a)(i) — Jurisdiction of National Commission — Pecuniary Jurisdiction — Complaint admitted and proceeded to final arguments — Issue of pecuniary jurisdiction not to be reconsidered at final stage if principle reiterated by larger bench.
India Law Library Docid # 2400567

(783) M/S. REDDY VEERANNA CONSTRUCTIONS PVT. LTD. Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023
Insurance Law Claims Construction Project Risk Insurance Repudiation Basis Cessation of Work Exclusion Burden of Proof Unprecedented Rains Farmers' Protest Work Progress Register Surveyor's Report Addendum to Survey Report Non-disclosure of Cessation Violation of Policy Conditions Burden of proof lies on the insurer to establish that the cessation of work occurred and that the loss was a direct consequence of it, to invoke the exclusion clause. The evidence on record, including a Wo
India Law Library Docid # 2400568

(784) ANUBHAV SINGHAL AND ANOTHER Vs. M/S. RAHEJA DEVELOPERS LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023
Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Onus on opposite party to prove complainant is not a consumer — Bald statement without evidence is insufficient — Relationships between complainants not relevant to consumer status.
India Law Library Docid # 2400569

(785) AVALON ROJECTS (A UNIT OF GRJ DISTRIBUTORS AND DEVELOPERS PVT. LTD.) Vs. NARENDER KUMAR GOYAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023
Consumer Protection Act, 1986 Section 2(1)(d) Consumer Allotment of flat for investment does not automatically disqualify individual from being a consumer if no evidence supports commercial purpose of purchase and sale of flats for profit. Burden of proof on developer to establish commercial intent.
India Law Library Docid # 2400570

(786) VIPUL MOTORS PVT. LTD. Vs. PADMINI JOSHI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Re-appreciation of evidence — Revisional jurisdiction is not for re-assessing or re-appreciating evidence when lower forums have concurrent findings of fact based on evidence — Interference is only permissible if findings are perverse or lower forums acted without jurisdiction — Perverse findings arise from evidence not produced, conjecture, surmises, or non-consideration of material evidence — Revisional power is limited to pri
India Law Library Docid # 2400571

(787) B.B. CHOPRA S/O KRISHAN LAL NOW DECEASED THROUGH HIS LRS Vs. THE MANAGING DIRECTOR, HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION (HSIDC) AND OTHERS[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 08-11-2023
Consumer Protection Act, 1986 — Deficiency in service — Allotment of plot — Complainant applied for a commercial plot in 1986, made various payments towards consideration, but the allotment was cancelled and a refund was issued. Subsequent requests for reallocation were made, but eventually, the respondent admitted a sum of Rs. 70,000/- was payable to the complainant. The District Consumer Commission allowed the complaint, directing a refund with interest. The appeal was filed by the complainant
India Law Library Docid # 2400580

(788) ANSAL HOUSING LIMITED (ERSTWHILE ANSAL HOUSING & CONSTRUCTION LIMITED Vs. MR. VIKAS AGARWAL[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 08-11-2023
Consumer Protection Act, 2019 — Section 41 — Appeal to State Commission — Limitation Period — Appeal against District Commission order must be filed within 30 days, extendable by State Commission if sufficient cause shown — However, further proviso states that if ordered to pay, appellant must deposit 50% of amount or Rs. 35,000 (whichever is less) for appeal to be entertained.
India Law Library Docid # 2400576

(789) BRIJ MOHAN Vs. NEW INDIA ASSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-11-2023
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Jurisdiction of National Commission — National Commission has jurisdiction to revise orders passed by State Commission, subject to conditions of the Act.
India Law Library Docid # 2400498

(790) PITHAMBER R. POLSANI AND ANOTHER Vs. M/S. PIONEER URBAN LAND & INFRASTRUCTURE LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-11-2023
Consumer Protection Act, 1986 — Section 21 — Consumer complaint for possession and ancillary reliefs — Jurisdiction — Sale consideration of flat mentioned as Rs.62,00,000/-. Pecuniary jurisdiction of the Commission to entertain the complaint held to be lacking based on the sale consideration alone.
India Law Library Docid # 2400494

(791) P.B. VISHNU ALIAS NAVNEETH VISHNU Vs. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-11-2023
Consumer Protection Act, 1986 — Sections 2(1)(g), 2(1)(d), 13, 14 — Deficiency in service — Unfair trade practice — Bank's offer of 18% interest on fixed deposits was unauthorized by law, as only the Board of Directors, not the Executive Committee, had the power to fix interest rates — Bank acted lawfully in attempting to rectify this error by reducing the interest rate to the legally permissible 15% — Complainant's parents, as guardians, agreed to this reduction, surrendered the original deposi
India Law Library Docid # 2400495

(792) LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LIMITED Vs. SULAKSHNA DEVI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-11-2023
Consumer Protection Act, 1986 Section 19, 21(a)(ii) Appeals against State Commission order Insurance claim Vehicle accident Complainant's car damaged by waterlogging Insurance company raised issue of driver's license validity Complainant argued vehicle suffered constructive total loss Held, insurance company failed to prove license was fake or fraudulent Mere inability to verify license records due to missing register does not invalidate it Onus on insurer to prove willful breach by in
India Law Library Docid # 2400497

(793) ASHWANI SHARMA Vs. SIRDA GROUP OF INSTITUTIONS NAULAKHA [HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2023
Consumer Protection Act, 1986 — Deficiency in Service — Unfair Trade Practice — Institute admitted student for a course, collected fees, and later denied admission due to a mistake in the admission form, causing the student to lose a year. The student had applied for the 2nd year but wrongly filled the form. The institute rectified the mistake upon request, but the student had already suffered a loss of time. The institute admitted that only the security amount was refundable.
India Law Library Docid # 1882296

(794) ARMY WELFARE HOUSING ORGANISATION Vs. MEERUT DEVELOPMENT AUTHORITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2023
Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in service — Non-handing over of possession of allotted land despite payment — Complainant allocated 30 acres of land by Meerut Development Authority — Full payment made by complainant — Land could not be handed over due to litigation and overhead electricity transmission lines — Attempts at negotiation for alternative plot or removal of lines failed — Complaint filed for refund/possession — Delayed resolution due to various applicatio
India Law Library Docid # 2400459

(795) DAKSHAT K. TRIVEDI AND OTHER Vs. MAHINDRA HOLIDAYS AND RESORTS INDIA LTD.[GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2023
Consumer Protection Act, 1986 Deficiency in Service Enrolment Benefits When a service provider fails to provide the promised enrolment benefits which were the primary reason for the consumer to purchase the membership, it constitutes a deficiency in service.
India Law Library Docid # 2400461

(796) KISHAN SINGH JADAUN Vs. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-11-2023
Motor Vehicles Act, 1988 — Section 39 — Necessity for registration — Driving a motor vehicle without registration is an offence and a fundamental breach of the insurance policy contract, entitling the insurer to repudiate the claim.
India Law Library Docid # 1882326

(797) ORIENTAL INSURANCE COMPANY LTD. Vs. RAJ KAURA AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-11-2023
Consumer Protection Act, 1986 — Section 21(b) — Revisional jurisdiction — Interference with concurrent findings of lower fora — Permissible only when findings are perverse or fora acted without jurisdiction — Perversity arises from reliance on non-produced evidence, conjecture, surmises, or failure to consider material evidence.
India Law Library Docid # 1882358

(798) UNITED INDIA INSURANCE CO Vs. VIKAS JAIN AND OTHER[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 03-11-2023
Consumer Protection — Insurance Claim — Vehicle Theft — Repudiation of claim on grounds of delay in intimation is not justified if prompt action is taken to inform the police and the insurance company, even if the FIR is lodged slightly later.
India Law Library Docid # 2400462

(799) NEW INDIA ASSURANCE CO. LTD. Vs. M.M. CONSTRUCTION (ENGINEERING AND CONSTRUCTION)[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 02-11-2023
Consumer Protection Act, 2019 — Section 41 — Appeal against District Commission order — Dismissal of claim on ground of delayed intimation — Rejection of claim on technical grounds when complainant provided proper explanation for delay acceptable.
India Law Library Docid # 2400465

(800) MANAS KUMAR MAITY Vs. KALIPADA DAS & 3 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-11-2023
Consumer Protection Act, 1986 — Sections 21(a), 15, 19 — Jurisdiction of National Consumer Disputes Redressal Commission (NCDRC) in Revision — NCDRC can examine factual aspects when there is a jurisdictional error or substantial injustice in the lower forum's order.
India Law Library Docid # 2400400