(821) SRIGANESH CHANDRASEKARAN AND OTHERS Vs. M/S. UNISHIRE HOMES LLP AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-10-2023 Consumer Protection Act, 1986, Sections 12(1)(c), 13(6) and Order 1 Rule 8 of CPC Joint complaint filed by buyers against developer for delayed possession Permission granted for joint complaint as all buyers had common grievance and same interest. India Law Library Docid # 2400334
(822) M/S. EASTERN MOTOR, AUTHORISE DEALER OF MARUTI SUZUKI IMPHAL Vs. . R.K. SANAYAIMA SINGH[MANIPUR STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 18-10-2023 Consumer Protection Act, 2019 — Sections 2(9), 2(11), 2(47) — Consumer Rights, Deficiency, Unfair Trade Practice — Appellant, a vehicle dealer, wrongly insured a consumer's personal vehicle under a commercial package policy despite specific requests for a non-commercial policy. Appellant also gave false assurances that the policy could be changed at renewal. When the vehicle required repairs, the insurance claim was denied due to the commercial policy status and lack of commercial permits. The c India Law Library Docid # 2400332
(823) M/S. BIMAL TEXTILES PANIPAT THROUGH ITS PROPRIETOR MR. VIPIN GOYAL Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-10-2023 Consumer Protection Act, 1986 — Discharge Voucher — Whether signed under duress/coercion — Complainant accepted settlement amount via cheque and signed discharge voucher, but subsequently protested, claiming financial hardship and duress — Court considers timing of protest relative to encashment and dispatch of protest letter — Held, encashing cheque and then dispatching protest letter after a delay does not indicate genuine contestation of payment. India Law Library Docid # 2400299
(824) STATE BANK OF INDIA, MAIN BRANCH, HOSPITAL ROAD, MANSA, DISTRICT MANSA THROUGH IT’S BRANCH MANAGER AND OTHER Vs. YOGTA D/O JATINDERVIR GUPTA[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 17-10-2023 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer Defined — Education Loan Agreement — Consideration — Agreement of loan executed for consideration, interest received by bank — Complainant not seeking subsidy from Opposite Parties, but alleging deficiency in service for not claiming subsidy — Complainant is a 'Consumer'. India Law Library Docid # 2400329
(825) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. KAILASH CHAND VED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-10-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petitions — Admissibility — Forum powers — National Consumer Disputes Redressal Commission can entertain revision petitions against orders of State Consumer Disputes Redressal Commission. India Law Library Docid # 2400300
(826) INDIABULLS HOUSING FINANCE LIMITED Vs. DILIP GOYAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-10-2023 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Loan taken for business purpose — Not a consumer dispute — Held that a loan taken for business needs, such as business expansion or working capital, does not qualify as a consumer dispute under the Consumer Protection Act. India Law Library Docid # 2400301
(827) DR. ANURADHA Vs. DR. PANDIT AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-10-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition powers — Revisional powers are limited and can only be exercised if there is a jurisdictional error, failure to exercise jurisdiction, or illegal/irregular exercise of jurisdiction by the lower forum. India Law Library Docid # 2400276
(828) BRIJ LAL Vs. THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. [HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023 Insurance Claim — Assessment of Loss — Surveyor's Report — A surveyor's report is a crucial document and cannot be disregarded without valid reasons. The complainant failed to provide substantial evidence to challenge the surveyor's assessment or cross-examine the surveyor, thus the district commission was justified in relying on the surveyor's report. India Law Library Docid # 1882273
(829) DIPTI YOGESH PAREKH Vs. BIRLA SUN LIFE INSURANCE CO. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023 Insurance Law — Policy Repudiation — Concealment of Material Facts — For repudiation of an insurance policy based on concealment of material facts, the insurer must prove that the information withheld would have influenced a prudent insurer's decision regarding premium or risk acceptance. India Law Library Docid # 1882352
(830) MANDEEP SINGH JOHAR AND ANOTHER Vs. M/S. IREO PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023 Consumer Protection Act, 1936 — Consumer Complaint — Allegations — Refund — Delay Compensation — Builder Developer Obligations — Allottees' Rights — Interpretation of Agreement — Demands made by developer are upheld if they are in accordance with the Apartment Buyer's Agreement (ABA). India Law Library Docid # 2400273
(831) K. KARTHIGA AND OTHERS Vs. HELIOS HOSPITAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023 Consumer Protection Act, 1986 Medical Negligence Standard of Care A doctor cannot be held liable for negligence if they followed a practice acceptable to the medical profession at the time, even if a better alternative existed. The standard of care is judged by knowledge available at the time of the incident, not the date of trial. India Law Library Docid # 2400274
(832) BRIG CARGO INTERNATIONAL AND ANOTHER Vs. M/S. ANURAG EXPORTS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023 Consumer Protection Act, 1986; Civil Procedure Code, 1908, Order 41 Rule 22 — Cross Objections — Not maintainable in proceedings under special enactment like Consumer Protection Act, 1986, if barred by limitation and not contemplated by the Act. India Law Library Docid # 2400275
(833) HERITAGE COTTAGES PVT. LTD AND OTHERS Vs. SATISH CHANDRA JAIN OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023 Consumer Protection Act, 1986 Deficiency in Service Delay in Possession Builder's liability The builder is responsible for delays in delivering possession of the flat, even if the delay is caused by issues with a licensee, as the agreement for sale is directly between the builder and the consumer. India Law Library Docid # 2400247
(834) SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. KAPIL WALIA [HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2023 Motor Vehicles Act, 1988 — Section 56 — Fitness Certificate — Transport vehicle cannot be driven without a fitness certificate, and if driven without one, it is not considered deemed registered — However, during insurance policy issuance, the insurance company has a duty to inspect the vehicle. India Law Library Docid # 1882114
(835) SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. KAPIL WALIA [HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2023 Motor Vehicles Act, 1988 — Section 56 — Fitness Certificate — Requirement for commercial vehicles — Driving a transport vehicle without a valid fitness certificate is a violation of Section 56 of the Motor Vehicles Act, rendering it not "deemed to be registered" and therefore a breach of policy conditions. Insurance companies can repudiate claims in such cases. India Law Library Docid # 1882120
(836) BALAMURUGAN AUTOMOBILES Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2023 Insurance Contract Interpretation Terms of a contract are to be understood based on specific terms agreed upon by parties. Risk coverage is determined by the description of property in the policy, not by a communication address. India Law Library Docid # 1882334
(837) AJMER VIDYUT VITRAN NIGAM LTD. Vs. BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED AMD OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Delay — Condonation of delay — Delayed filing of revision petition condoned based on reasons provided. India Law Library Docid # 1882356
(838) LUCKNOW DEVELOPMENT AUTHORITY AND ANOTHER Vs. AMAR JYOTI BHARDWAJ AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2023 Consumer Protection Act, 1986 — Appeal — Condonation of Delay — Sufficient Cause — Appellant failed to demonstrate sufficient cause for the inordinate delay in filing the appeal, which was filed 709 days late. The appellant's explanation, attributing the delay to issues with counsel communication and internal procedural delays, was deemed insufficient and lacking in diligence, especially considering the appellant's presence or awareness of the order around its date of passing. India Law Library Docid # 2400243
(839) AQUA MACHINERIES PVT. LTD. Vs. THE NEW INDIA INSURANCE CO. LTD. [GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-10-2023 Consumer Protection Act, 1986 Deficiency in service Insurance claim Repudiation of claim Burden of proof Complainant failed to prove the cause of damage was due to overloading of electricity. The insurer repudiated the claim based on the surveyor's report which attributed the damage to defective workmanship. The expert opinion relied upon by the complainant was not supported by adequate data and scientific evaluation. India Law Library Docid # 1882116
(840) AQUA MACHINERIES PVT. LTD. Vs. THE NEW INDIA INSURANCE CO. LTD. [GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-10-2023 Insurance Law — Erection All Risks Policy — Damages to submersible pumps — Repudiation of claim — Cause of loss — Complainant claimed damages due to power overloading — Insurer repudiated claim citing defective workmanship and exclusion clause in policy — Court found complainant failed to prove power overloading as cause of damage and surveyor's report citing material defect was more credible. India Law Library Docid # 1882271