(81) KULWANT SINGH Vs. NATIONAL INSURANCE COMPANY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer — Motor Accident Claims — The petitioner claimed indemnity for his vehicle's accident on 18.11.2003 — The insurance company rejected the claim, citing discrepancies in the accident date and driver details — The main issue is whether the accident occurred on 18.11.2003 or 15.11.2003 and whether the vehicle was used for hire, violating the insurance policy terms — The petitioner argued that the police report dated 18.11.2003 is certified and valid, while the report dated 15.11.2003 is unc India Law Library Docid # 2420345
(82) LAKKAM ESWAR REDDY Vs. CONSUMER GUIDANCE SOCIETY REP. K.P. RAVINDRAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-10-2024 Consumer Law — Housing — Deficiencies in construction — Deficiencies in construction, including reduced plinth area and lack of car parking — The main issues are the provision of less plinth area than promised and the non-provision of car parking — The petitioner argued that the State Commission failed to consider the factual aspects and documents, and that the respondent had no valid claims after signing the agreement and sale deed — The respondent contended that there were significant deficien India Law Library Docid # 2419344
(83) M/S. SBI CARDS & PAYMENT SERVICES LTD. Vs. DURGA CHAUHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-10-2024 Banking Services — Credit Card — Fraudlent Transactions — The case involves a disputed international transaction of USD 700 on a credit card issued by SBI Cards & Payment Services Ltd. — The transaction was reported as fraudulent by the respondent, who did not receive an OTP for it —Whether the transaction was fraudulent and if the petitioner (SBI Cards) is liable for the amount disputed by the respondent — The petitioner argued that the transaction was validated by the merchant and that OTP is India Law Library Docid # 2419343
(84) M/S. GAUTAM SOLAR PVT. LTD. Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-10-2024 Consumer Law — Fire Insurance — Loss of Stock due to Fire — The complainant filed a claim for losses due to a fire on 25.02.2014, which gutted their stocks — The insurance company, Oriental Insurance Co. Ltd., did not settle the claim, citing various procedural issues — The main issue is the non-settlement of the insurance claim despite the submission of all required documents and the surveyor's report — The complainant argues that the insurance company failed to provide the surveyor's report an India Law Library Docid # 2419340
(85) SEEMA JEETENDRA LONGANI Vs. M/S. CITICORP FINANCE INDIA LTD. & ANR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-10-2024 Repossession and auction of the Vehicle — The petitioner purchased a Tata Truck with two loans from Citicorp Finance India Ltd — She defaulted on one installment, leading to the repossession and auction of the truck by the finance company — The main issue is whether the repossession and auction of the truck by the finance company were lawful and whether the petitioner is entitled to compensation — The petitioner argued that the repossession was forceful and unlawful, and sought compensation for India Law Library Docid # 2419341
(86) HDFC BANK LTD. Vs. KAILASH NATH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-10-2024 Banking and ATM Services — ATM card got stuck in ATM — The complainant claimed his ATM card got stuck in an HDFC Bank ATM, and later discovered unauthorized withdrawals totaling Rs. 77,000 — Whether HDFC Bank was negligent in handling the complainant's ATM card issue and if they are liable for the unauthorized withdrawals —HDFC Bank argued there was no security guard present at the ATM, no card was found, and questioned how the PIN was obtained for the withdrawals — The complainant argued that h India Law Library Docid # 2419342
(87) HDFC BANK LTD. Vs. DIVYA MICHELLE RAJIVA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-10-2024 Banking Services — Extension of Loan — HDFC Bank extended a loan for a flat purchase — The builder failed to deliver the flat, leading to a consumer complaint — Whether the bank is liable for the builder's failure to deliver the flat and if the bank's actions constituted a deficiency in service — The bank argued that the loan disbursement was done per the complainant's instructions and that the bank is not responsible for the project's completion — The complainant argued that the bank supported India Law Library Docid # 2419339
(88) KAMESHWAR MEHTA Vs. GENERAL MANAGR, IFFCO TOKIO GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-10-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 2250 days — The appellant filed an appeal against the order of the State Commission, Jharkhand, which dismissed his complaint for non-prosecution — The complaint involved a claim for damages to his truck, which was insured by IFFCO Tokio General Insurance Co. Ltd — The insurance company repudiated the claim due to a delay in reporting the accident and alleged that the insurance policy was forged — The primary issue is whether the India Law Library Docid # 2419338
(89) R.P. VERMA AND ANOTHER Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-10-2024 Consumer Law — Mediclaim — Pre existing Disease — The petitioners had a mediclaim policy with the respondents — Claims for treatments in 2008 and 2011 were paid, but a 2012 claim was denied as a pre-existing condition — Whether the insurance company was justified in denying the 2012 claim based on the pre-existing condition clause — The petitioners argued that the insurance company had previously paid claims for the same condition and that the disease was disclosed at the time of policy purchase India Law Library Docid # 2419337
(90) RAKESH SINGH Vs. GREAT MOHALI AREA DEVELOPMENT AUTHORITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-10-2024 Housing — Allotment of a residential apartment — Appellant was declared successful in a draw and issued a Letter of Intent (LOI) for an apartment priced at Rs. 55,00,000 — He deposited Rs. 59,75,750 but did not receive possession within the stipulated period —The main issues are the delay in possession, the refund of the deposited amount, and the deduction of 10% of the amount by GMADA — Appellant argued that he was not at fault for the delay in payments, that GMADA wrongly deducted 10% of the India Law Library Docid # 2419333
(91) GENESIS IMMIGRATION AND EDUCATION AND OTHERS Vs. SARITA KINGER AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-10-2024 Consumer Law — Visa and Immigration Services — The complainants applied for Canadian PR through Genesis Immigration and Education — They spent a significant amount on processing fees and related expenses — Their application was rejected due to missing documents, and they sought a refund — Whether the complainants fall under the definition of 'consumer' and if there was a deficiency in service by the petitioners — The petitioners argued that the complainants did not qualify as consumers, the fees India Law Library Docid # 2419334
(92) HDFC ERGO GENERAL INSURANCE COMPANY LTD. Vs. RUPKUWAR PATEL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-10-2024 Consumer Law — Life Insurance Policy Claim — The case involves a dispute over a life insurance claim following the death of ‘A’, who had a home loan insured by HDFC ERGO — The claim was denied on the grounds that the cause of death was not covered under the policy — Whether the cause of death (Acute Respiratory Distress Syndrome, Acute Respiratory Failure, Sickle Cell Crisis) falls under the policy's coverage of nine specified major illnesses — The insurance company argued that the policy only c India Law Library Docid # 2419335
(93) LOK NATH Vs. ORIENTAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-10-2024 Consumer Law — Mediclaim — Pre existing Disease — The petitionerfiled a claim for medical expenses incurred due to heart treatment — The insurance company repudiated the claim, citing pre-existing hypertension — Whether the heart disease treatment was covered under the policy, considering the pre-existing hypertension — The petitioner argued that the heart disease was not a pre-existing condition and that the treatment was for heart disease, not hypertension — The insurance company contended tha India Law Library Docid # 2419336
(94) MS. ALKA GUPTA Vs. M/S DLF UNIVERSAL LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-10-2024 Consumer Law — Housing — Demand of Additional Charges — The complainant purchased an apartment from DLF Universal Ltd. in 2006 — Despite paying 95% of the total cost by 2008, possession was delayed until 2012 – DLF demanded additional charges for an increased super area, which the complainant disputed —The main issues are the alleged increase in the super area, the legality of parking charges, and the compensation for delay and mental agony — The complainant argues that the increase in super are India Law Library Docid # 2419332
(95) M/S. SOHAM MANNAPITLU POWER PVT. LTD. Vs. UNITED INDIA INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Insurance claim — Wrongful rejection of Claim — Wrongful rejection of an insurance claim related to damage at their hydel power station — Whether the damage to the forebay wall was due to an insured peril or due to faulty design, material, and workmanship, which are excluded under the policy —The petitioner argued that the damage was accidental and covered under the policy — They also contended that the insurer's surveyor had initially found the plant worthy of insurance — The insurer argued tha India Law Library Docid # 2419320
(96) NITU KUMARI AND ANOTHER Vs. DR. VIJAY KUMAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Medical Negligence — Severe medical complications following an appendix surgery — The surgery led to multiple health issues, including Crohn's disease — The main issue is whether the doctors were negligent in their treatment, leading to complainant’s prolonged suffering and medical complications — The complainants argue that the surgery was performed without proper diagnostic tests, resulting in severe complications — They claim medical negligence and seek compensation for the suffering and fina India Law Library Docid # 2419321
(97) JAI INDIA WEAVING MILLS PVT. LTD. Vs. SBI LIFE INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Mediclaim — Key Man Insurance policy — Repudation of Claim — Pre existing Desease —The main issue is whether the repudiation of the insurance claim by SBI Life Insurance was justified based on alleged non-disclosure of past medical history and habits — The petitioner argued that the non-disclosures were not material to the claim and were neither intentional nor fraudulent — The respondents argued that the non-disclosures were material and constituted a breach of the principle of utmost good fait India Law Library Docid # 2419322
(98) DINESH BALCHAND SHAH Vs. BAJAJ ALLIANZ LIFE INSURANCE COMPANY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Mediclaim — Repudation of Claim — Pre existing Desease — The complainant filed a complaint against Bajaj Allianz Life Insurance for denying a claim on his brother's life insurance policy, citing non-disclosure of diabetes — Whether the insurance company was justified in repudiating the claim based on alleged non-disclosure of material facts — The complainant argued that his brother was not diabetic and that the insurance company's denial was based on incorrect information and unfair trade practi India Law Library Docid # 2419323
(99) M/S. JINDAL & CO. Vs. UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Stock Insurance Policy — The policy excluded coverage for stock stored in the basement — After a flood damaged the stock, the insurance claim was denied — Whether the insurance company was justified in repudiating the claim based on the exclusion clause and whether there was a deficiency in service — The petitioner argued that the insurance company and bank misled them about the policy coverage, and the exclusion clause was not disclosed — They claimed breach of contract and trust — The responde India Law Library Docid # 2419324
(100) OPAL HOSPITAL AND OTHERS Vs. DAMYANTI SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Medical Negligence — Medical negligence during a laparoscopic cholecystectomy, which allegedly resulted in permanent disability of her right leg — Whether the hospital and doctors were negligent in administering anesthesia and providing post-operative care — The petitioner argued that the anesthesia was administered incorrectly, causing nerve damage and permanent disability — They also claimed inadequate post-operative care and falsification of medical records — The respondents denied negligence India Law Library Docid # 2419325