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(801) RELIANCE GENERAL INSURANCE CO. HARYANA Vs. MAN SINGH AND ANOTHER[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 02-11-2023
Consumer Protection Act, 1986 — Deficiency in service — Insurance claim — Motor vehicle accident — Fire due to alleged self-immolation to claim insurance — Burden of proof — Onus of proof — Forensic investigation report — Surveyor's report — Repudiation of claim — Appeal allowed — Complaint dismissed — Exemplary costs imposed.
India Law Library Docid # 2400401

(802) JAYPEE GREENS Vs. YOGESH KUMAR GARG [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2023
Consumer Protection Act, 1986 Section 2(1)(a) & (d) Consumer Disputes Residential Project Jurisdiction Parties Appellant is a developer of a group housing project, and the respondent is a home buyer who booked a flat. The State Consumer Disputes Redressal Commission has jurisdiction to hear the dispute.
India Law Library Docid # 1882324

(803) COL RETD. VIJANDER BHANDARI Vs. REGIONAL DIRECTOR,EX-SRVICEMAN CONTRIBUTORY HEALTH [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2023
Consumer Protection Act, 1986, Section 21(b) — Revision Petition — Scope of — Limited jurisdiction — Revisional powers can be exercised only if there is a prima facie jurisdictional error in the impugned order — For instance, if the State Commission exercised a jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity.
India Law Library Docid # 1882351

(804) M/S. MOHAN INDUSTRIES Vs. DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD. AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2023
Consumer Protection Act, 1986 — Section 21(b) — Revisionary powers of National Commission — Limited scope — To be exercised only in case of jurisdictional error or material irregularity.
India Law Library Docid # 1882357

(805) INDIAN RAILWAY Vs. MR. S. VIJAYARAGHVAN[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2023
Consumer Protection Act, 1986 Section 15 Appeal period Condonation of delay Appellant failed to provide sufficient cause or day-to-day explanation for the delay in filing the appeal, which exceeded the statutory period significantly.
India Law Library Docid # 2400460

(806) M/S TRACKON COURIER PVT. LTD. AND OTHER Vs. AKSHAY KUMAR[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2023
Consumer Protection Act — Ex-parte proceedings — Setting aside — Default in appearance — Courier company failed to appear before District Consumer Commission as their representative misplace the date of hearing — Representation that absence was not willful or intentional supported by affidavit and evident from subsequent revision petition — Held, justice demands opportunity to defend, with costs to compensate complainant.
India Law Library Docid # 2400464

(807) SUBHASH CHAND Vs. THE NEW INDIA ASSURANCE CO. LTD.[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2023
Consumer Protection Act, 1986 — Sections 2(1)(d) and 2(1)(g) — Consumer — Deficiency in service — Vehicle insurance — Complainant purchased vehicle for commercial purpose — Insurance company repudiated claim on ground of breach of policy terms due to presence of gratuitous passengers — Consumer Commission partly allowed complaint, directing compensation.
India Law Library Docid # 2400463

(808) M/S. VARIETY POLYSTERS LIMITED Vs. ORIENTAL INSURANCE COMPANY LTD. & 2 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-10-2023
Contract Law Breach of Contract Insurance Claims A contractor entered into an agreement for the construction of toilets. Disputes arose regarding the handover of work sites, leading to delays and alleged losses. The contractor then filed a claim with the insurance company for losses incurred. The insurance company denied liability, citing delays in reporting the loss and arguing that the nature of the losses, stemming from contractual disputes and alleged criminal breach of trust, were not co
India Law Library Docid # 2400398

(809) GREEN LAND FRUITS & VEGETABLES (P) LTD. Vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-10-2023
Insurance Law — Standard Fire and Special Perils Policy — Claim for damage caused by collapse of insulated false ceiling — Repudiation of claim by insurance company based on surveyor's report stating loss not caused by insured peril (storm) — Court's analysis of weather reports, meteorological definitions of a storm, and surveyor's findings indicating structural weakness causing the collapse — Distinction between a mild breeze and a storm as defined by wind speed and its damaging effects — Court
India Law Library Docid # 2400399

(810) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. ILLA RAJAIAH AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-10-2023
Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Interference by National Consumer Disputes Redressal Commission — Limited to points of law — Concurrent findings of fact by Fora below cannot generally be interfered with unless there is a legal infirmity.
India Law Library Docid # 2400342

(811) VINOD BHUTANI Vs. SHUCHI CHAUDHRY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Jurisdiction of State Commission — Order passed by single member not invalid if effective prior to Supreme Court/High Court pronouncements limiting such jurisdiction.
India Law Library Docid # 2400343

(812) BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. AND ANOTHER Vs. GEETA DEVI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Delay in filing appeal — Condonation of delay — Delay of 183 days in filing appeal was condoned after due consideration of reasons stated in application.
India Law Library Docid # 2400344

(813) RAGHUVEER SINGH Vs. TREHAN HOME DEVELOPERS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause — Consumer Protection Act, 1986 — Section 15 — Special periods of limitation — Object of expeditious adjudication — Delay of 863 days before onset of Covid-19 — Reasons for delay (Covid-19, translation) deemed insufficient — Appellant failed to act with reasonable diligence and bona fide — Condonation of delay application disallowed as per established precedents.
India Law Library Docid # 2400345

(814) MRS. DUNDOO ARUNA KUMARI Vs. Y. NAGA SATISH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Consumer Protection Act, 2019 — Section 51 — Appeal against Consumer Disputes Redressal Commission's Order — Delay in Filing Appeal — Extension of Limitation — Supreme Court Suo Motu Writ Petition (Civil) No. 3 of 2020 — Appeal filed within extended limitation period.
India Law Library Docid # 2400346

(815) M/S. AZIZ WALL PAPER Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Insurance — Fire Insurance — Loss of stock due to inundation — Claim rejected by the respondent insurance company on the ground that the complainant failed to cooperate with the surveyor and disposed of the stocks without prior intimation — Held, the complainant had sufficiently cooperated with the surveyor by providing documents and intimating of the inability to segregate the damaged stocks due to their condition — The surveyor's refusal to visit the site for assumed reasons, despite assurance
India Law Library Docid # 2400347

(816) 3BEN'S CONSTRUCTIONS AND OTHERS Vs. BENCY RAGHAVAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2023
Consumer Protection Act — Delay in filing appeal — Condonation of delay — Applicant must show sufficient cause for delay — Hon'ble Supreme Court has held that a party not acting diligently or remaining inactive is not entitled to condonation of delay.
India Law Library Docid # 2400348

(817) GO DIGIT GENERAL INSURANCE COMPANY LIMITED Vs. SAURAV SONI S/O HAPPY KUMAR[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-10-2023
Motor Vehicles Insurance Claim disputes Proof of documents Insurance company's reliance on reassessment report and letters from surveyor not proven on record as per law. Surveyor's affidavit mentions submitting a survey report, but this report was not produced by the insurance company, leading to an adverse inference against them.
India Law Library Docid # 2400330

(818) MRS. ALKA WIFE OF MR. VIKRAM SINGH Vs. VYAS HOSPITAL, KOTHI CHOWK, VILLAGE TALWAR, POST OFFICE CHANDPUR, TEHSIL SADAR, DISTRICT BILASPUR, H.P. THROUGH ITS PROPRIETOR AND MANAGING DIRECTOR AND OTHER[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-10-2023
Consumer Protection Act, 1986 — Medical Negligence — Deficiency in Service — Death of foetus in womb — Complainant claimed negligence due to delayed cesarean and improper monitoring — Hospital and doctor denied negligence, stating all best practices were followed and hypoxia developed suddenly — Court found that once a patient is admitted, they are under the direct supervision of the hospital and doctor — Evidence suggested that despite the complainant reporting reduced foetal movement, the hosp
India Law Library Docid # 2400331

(819) M/S. INTEC INFONET PVT. LTD Vs. NORTH EASTERN REGION INSTITUTE OF SCIENCE AND TECHNOLOGY (NERIST)[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-10-2023
Consumer Protection Act, 1986 — Section 24(A) — Limitation — Complaint filed after more than two years of alleged cause of action — Provision allows condonation of delay if sufficient cause is shown — Issue of limitation not framed or contested before State Commission.
India Law Library Docid # 2400333

(820) ANSAL HOUSING LIMITED Vs. MS. SHASHI GARG[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 19-10-2023
Consumer Protection Act, 1986 — Section 15 — Appeal — Condonation of Delay — Sufficient Cause — Appeals must be filed within 30 days of the order, with State Commission having power to entertain appeals after expiry if sufficient cause shown.
India Law Library Docid # 2400326