(821) 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
(822) 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
(823) 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
(824) 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
(825) 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
(826) 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
(827) 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
(828) 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
(829) 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
(830) 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
(831) 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
(832) 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
(833) 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
(834) 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
(835) 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
(836) 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
(837) 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
(838) 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
(839) 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
(840) 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