(81) SONI BHARTI Vs. DR. PRABHA SINHA OF MANAS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Medical Negligence — The appellant's newborn baby suffered from medical complications leading to the amputation of the left leg — The appellant alleged medical negligence by the respondents — Whether the respondents breached their duty of care, resulting in harm to the newborn, and whether the principle of res ipsa loquitur applies — The appellant argued that the respondents failed to provide timely and appropriate medical care, leading to the baby's condition worsening and eventual amputation — India Law Library Docid # 2419309
(82) ROHIT CHARAN AND ANOTHER Vs. RAJENDRA SINGH KANDHAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Medical Negligence — The respondent underwent a cataract operation at the appellant's hospital — Post-operation, the respondent experienced eye issues and claimed medical negligence, leading to a complaint and compensation awarded by the State Commission — Whether there was medical negligence by the appellants in conducting the surgery and providing post-operative care — The appellants argued that all necessary pre and post-operative evaluations were conducted, and the respondent's vision post-o India Law Library Docid # 2419310
(83) UNITED INDIA INSURANCE CO. LTD. AND ANOTHER Vs. RAGHAVA ISPAT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Fire insurance policy — The respondent had a fire insurance policy with United India Insurance — A blast occurred in their furnace, leading to a claim for damages — Whether the damage from the blast was covered under the insurance policy or excluded due to the cause being "over-temperature" and internal short-circuit — United India Insurance argued that the damage was excluded under the policy's terms, as it was caused by over-temperature and not fire — Respondent contended that the damage was d India Law Library Docid # 2419311
(84) IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. Vs. SHANKAR LAL YOGI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Commercial Vehicle — Accident — The respondent's commercial vehicle, insured with the appellant, met with an accident and caught fire — The insurance claim was repudiated based on a forensic report suggesting the fire was not accidental — Whether the fire was accidental and covered under the insurance policy, and whether the insurance company was justified in repudiating the claim — The appellant argued that the accident was staged to claim insurance, citing forensic evidence and India Law Library Docid # 2419312
(85) BHATTACHARJEE ENTERPRISE Vs. AJAY PRASAD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Housing — Non-delivery of the flats — The complainant entered into an agreement with the developer to purchase two flats for Rs. 33,57,000/- — The complainant paid Rs. 37,35,640/- but did not receive the flats as agreed —The main issues include the alleged non-delivery of the flats, excess payment, and the authenticity of the money receipts — The complainant argued for the completion of unfinished works, execution of the sale deed, and compensation for mental agony and litigation India Law Library Docid # 2419313
(86) BELUR SRAMAJIBI SWASTHYA PRAKALAPA SAMITY Vs. BLUE STAR LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — “commercial purpose” —The appellant purchased a pre-owned CT scanner from the respondent — The scanner was delivered without the necessary Atomic Energy Regulatory Board (AERB) certification, leading to a legal dispute —Whether the appellant qualifies as a "consumer" under the Consumer Protection Act, and whether the respondent's failure to provide the AERB certification constitutes a deficiency in service — The appellant argued that the CT scanner was purchased for charitable pur India Law Library Docid # 2419314
(87) UNITED INDIA INSURANCE COMPANY LIMITED Vs. M/S. CORE GREEN SUGARS & FUELS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Storage-cum-Erection Insurance Policy — The dispute centers around an insurance claim for damage to molasses tanks due to heavy rains — Whether the damage was due to faulty design and bad workmanship, which are excluded from the insurance policy, or due to an act of God (heavy rains) — The insurance company argued that the damage was due to faulty design and bad workmanship, as per the surveyor and expert reports, and thus excluded from the policy — The respondent claimed the dama India Law Library Docid # 2419315
(88) MATA CHANAN DEVI HOSPITAL Vs. SAJJAN SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Railway — Accident — Medical Negligence — The complainant suffered a railway accident and was initially taken to Base Hospital, which refused treatment — He was later admitted to another, where delayed treatment allegedly led to the amputation of both legs — Whether there was medical negligence and deficiency in service by the hospitals and their doctors — The hospital delayed surgery, leading to unnecessary amputation and further complications — The discharge was premature despit India Law Library Docid # 2419316
(89) PRIYANKA OVERSEAS PVT. LTD. Vs. ORIENTAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Motor Accident Claims — The complainant leased a Toyota Land Cruiser Prado and insured it — The vehicle met with an accident, and the insurance claim was repudiated because the vehicle was not registered in the complainant's name — Whether the complainant had an insurable interest in the vehicle and if the repudiation of the insurance claim was justified — The insurance policy was valid based on the lease agreement, and the policy should cover the accident — The complainant lacked insurable inte India Law Library Docid # 2419317
(90) M/S HDFC STANDARD LIFE INSURANCE COMPANY LTD Vs. MRS GANGINENI VASUNDHARA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Law — Non-disclosure of previous policies — The respondent's husband had taken life insurance policies from the appellant — After his death, the claim was repudiated by the appellant on the grounds of non-disclosure of previous policies — Whether the non-disclosure of previous policies by the deceased life assured (DLA) justified the repudiation of the insurance claim — The appellant argued that the DLA failed to disclose existing policies, constituting non-disclosure of material facts, India Law Library Docid # 2419318
(91) BAJAJ ALLIANZ LIFE INSURANCE COMPANY LIMITED Vs. KAMUBEN ARVINDBHAI PATNI W/O LATE ARVIND BABUBHAI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 211 days —Delay in filing the petition due to the time taken to procure trial records and translations — The main issue was whether the delay of 211 days in filing the revision petition could be condoned — The petitioner argued that the delay was due to the time required to gather trial records and translate documents, and requested condonation of the delay — The Commission found the reasons for the delay insufficient and dismiss India Law Library Docid # 2419307
(92) PIYUSH PRIYADARSHAN DASH Vs. KANHU CHARAN NAIK[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2024 Consumer Law — Unfair trade practice — The petitioner challenged an order from the State Commission Orissa regarding unfair trade practices by the respondent — The main issue is whether the State Commission erred in entertaining the appeal without the respondent depositing 50% of the amount required to be paid as per the District Commission's order — The petitioner argued that the respondent did not comply with Section 41 of the Consumer Protection Act, 2019, which mandates depositing 50% of the India Law Library Docid # 2419308
(93) ANGAD SINGH KOHLI Vs. GREATER MOHALI AREA DEVELOPMENT AUTHORITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2024 Consumer Law — Housing — Delay in delivery of possession — Despite making all required payments, the project was not completed on time —The main issue is whether the complainant is entitled to a refund with interest due to the delay in possession and if the forfeiture of 10% of the sale consideration by the opposite party was justified — The complainant argued that the delay in possession was significant, and he sought a refund of the amount paid along with interest and compensation for mental a India Law Library Docid # 2419377
(94) M/S. CHAMBAL FERTILISERS AND CHEMICALS LTD. Vs. M/S. IFFCO-TOKIO GENERAL INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-10-2024 All Risk Cover Insurance Policy — Insurance claim of Rs. 91,145,370 — The claim was related to damage in carbamate condenser — The main issue was whether the insurance claim was valid under the policy period and terms, and whether the damage was discovered within the policy period or before it — The petitioner argued that the damage was discovered during the policy period and that the insurance company was liable to cover the loss — They also contended that the insurance company had committed a India Law Library Docid # 2419374
(95) M/S. TULSIDAS KHIMJI PVT. LTD. Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-10-2024 Fidelity Policy — Repudiation of Claim — The claim was for Rs. 60,62,748 — Whether the insurance company was justified in repudiating the claim based on the violation of policy conditions, specifically Condition No. 3 regarding changes in circumstances and audit requirements — The petitioner argued that the terms of the policy were ambiguous and should be interpreted in favor of the insured — They also contended that the internal audits were conducted regularly and that the insurer's reasons fo India Law Library Docid # 2419375
(96) M/S. U.P. COOPERATIVE FEDERATION LTD. Vs. M/S. NATIONAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-10-2024 Refrigeration Plant Stock Insurance Policy — Insurance claim of Rs. 53,26,869.60 due to damage to stored potatoes caused by machinery breakdown and power failure — Whether the insurance claim was valid despite alleged breaches of policy terms and conditions by the complainant – The complainant argued that the insurance policy did not contain specific terms and conditions at the time of issuance and that they took all necessary steps to minimize the loss — The insurance company contended that the India Law Library Docid # 2419376
(97) MR. SOHAN SINGH Vs. MR. GURCHARAN SINGH S/O. SH. PURAN SINGH AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-10-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — The appellant filed an appeal seeking condonation of a 499-day delay in filing against an order by the State Consumer Commission, Punjab — The delay was due to various procedural issues and alleged misuse of powers by the State Commission — The main issue was whether the delay in filing the appeal could be condoned based on the reasons provided by the appellant — The appellant argued that the State Commission arbitrarily directed him to p India Law Library Docid # 2419372
(98) CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD Vs. DINESH KUMAR SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-10-2024 Consumer Law — Mortgaged of property for a loan —The complainant had mortgaged a property for a loan from Cholamandalam Investment and Finance Company Ltd — After defaulting on the loan, arbitration awarded the company a sum of Rs.14,48,909/- — A settlement was later reached for Rs.7,54,820/- — The main issue is whether the petitioners should return the title deeds of the property after the settlement and whether the delay in filing the revision petition can be condoned — The petitioner argued t India Law Library Docid # 2419373
(99) VIVEK PODDAR AND ANOTHER Vs. SHAMBHOO DAYAL AGRAWAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-10-2024 Consumer Law — Defective Machinery — Dispute over a defective printing machine —Despite multiple payments and attempts to repair, the machine remained non-functional — Whether the respondent is a consumer under the Consumer Protection Act, and whether there was a deficiency in service by the petitioners — The respondent is not a consumer as the machine was purchased for commercial purposes — The machine was damaged due to mishandling by the respondent — The machine was defective from the start, India Law Library Docid # 2419369
(100) M/S. KIRAN COLD STORAGE PVT. LTD. Vs. MAHEENDRA PAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-10-2024 Consumer Protection Act 1986 — “Consumer” — The case involves a dispute over the storage and spoilage of 3328 bags of potatoes — The potatoes were allegedly spoiled due to improper storage conditions —Whether the complainant is a consumer, whether the potatoes were spoiled due to negligence, and whether the sale of potatoes by the cold storage was conducted legally — Petitioner states that respondent is not a consumer, the potatoes were in good condition, and the sale was conducted according to India Law Library Docid # 2419370