(841) KRISHAN KUMAR KACHORIA Vs. THE NEW INDIA ASSURANCE CO. LTD. [HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-10-2023 Consumer Protection Act, 1986 — Deficiency in Service — Insurance Claim — Vehicle damaged during policy period — Intimation given to insurance company — Surveyor appointed and loss assessed at Rs. 26,561 — Insurance company paid assessed amount — Complainant claimed full repair bill of Rs. 72,827 — Surveyor report indicated certain parts were intact, thus justifying assessment — Complainant not entitled to further amount for intact parts — Previous judgments relied upon not applicable to facts o India Law Library Docid # 1882277
(842) BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. SMT.MADHU BALA W/O LATE SH. PREM SINGH AND OTHERS [HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-10-2023 Insurance Law — Premium for Personal Accident Cover — Insurer's Duty to Verify Driving License — Insurer accepted premium for Personal Accident cover without verifying the insured's driving license for the two-wheeler. The insured, who was driving the two-wheeler, died in an accident. The insurance company repudiated the claim, citing the insured's invalid driving license for the two-wheeler. The Consumer Commission held that the insurer's failure to verify the license at the time of policy issu India Law Library Docid # 1882300
(843) HIMANSHU TIWARI AND ANOTHER Vs. ARUN KUMAR GABEL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-10-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision against State Commission's order — Appeals dismissed on grounds of limitation — Delay of 296 days — Petitioner sought condonation of delay, citing various reasons including procedural issues, custody of director, and difficulties in preparing appeal documents — State Commission found reasons unsatisfactory and not bonafide — Court upheld State Commission's decision, finding no illegality or error in its well-reasoned order. India Law Library Docid # 2400229
(844) SANJIV GOYAL Vs. PARSVNATH DEVELOPERS LIMITED AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-10-2023 Consumer Protection Act, 1986 — Section 21 — Deficiency in service — Delay in possession — Builder failed to hand over possession of the flat within the agreed time frame, causing deficiency in service. India Law Library Docid # 1882359
(845) DIRECTOR, GENERAL STATE TRANSPORT HARYANA AND ANOTHER Vs. ASHOK KUMAR PRAJAPAT AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-10-2023 Consumer Protection Act, 1986. Deficiency in Service Smoking in Public Transport A passenger purchasing a ticket for a journey in a public bus is assured of a smoke-free environment. If the driver, conductor, or any co-passenger smokes in the bus, it constitutes a deficiency in service by the transport authority. Such passengers are entitled to compensation from the transport authority. India Law Library Docid # 2400230
(846) SUSHILA SINGH Vs. BIRLA SUN LIFE INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-09-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Dismissal of Complaint — Non-disclosure of material health information during policy revival — Insurer's repudiation of claim justified. India Law Library Docid # 2400185
(847) L. G. ELECTRONICS INDIA PVT. LTD. Vs. JAGANATH LIFE CARE PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 27-09-2023 Consumer Protection Act, 1986 — Sections 2(1)(d), 19 — Consumer dispute — Commercial purpose — Hospital's purchase of specialized air conditioning for operation theatre — Essential for conducting surgeries and generating profit — Not for livelihood by self-employment — Hospital not a 'consumer' under the Act. India Law Library Docid # 2400186
(848) SENIOR POST MASTER SERAMPORE HEAD POST OFFICE P.S. SERAMPORE Vs. JAYANTA GOSWAMI & 2 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-09-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope is limited — Can be exercised only if there is a prima facie jurisdictional error or where the State Commission exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity. India Law Library Docid # 2400187
(849) SUPERINTENDENT OF POST OFFICE THROUGH SUPERINTENDENT OF POST OFFICE, DHOLPUR Vs. MAHENDER SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-09-2023 Consumer Protection Act, 1986, Section 21(b) — Revision Petition — Challenge to orders of State and District Consumer Forums — Non-delivery of speed post article — Both Fora below found deficiency in service — Department of Posts liability limited by Indian Post Office Act, 1898, Section 6 — Ex-gratia compensation paid within statutory limits — However, provision for immunity does not grant unfettered license for inefficiency — Non-delivery constitutes wilful act of deficiency — Liability for no India Law Library Docid # 2400188
(850) GRUH FINANCE LTD. THROUGH SR. MANAGER, NETAJI MARG, NEAR MITHAKALI SIX ROAD, ELLISBRIDGE, AHMEDABAD GUJARAT Vs. VAIBHAV BALBHIM DESHPANDE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Limited scope — exercised only for jurisdictional error, failure to exercise jurisdiction, or illegal/material irregularity in exercise of jurisdiction. India Law Library Docid # 2400189
(851) CANARA BANK Vs. PIYUSH TRIPATHI AND 4 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2023 Consumer Protection Act, 1986 — Section 21 — Revision Petition — Jurisdiction — Interference by Nodal Agency Liability — Consumer Forum erred in holding Nodal Agency liable for non-compliance with subsidy scheme when Memorandum of Understanding with Government explicitly exempted it from verifying claims from other banks and obtaining clarifications. India Law Library Docid # 2400183
(852) VINOD KUMAR LADIA AND OTHERS Vs. M/S. JAIPRAKASH ASSOCIATES LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-09-2023 Real Estate (Regulation and Development) Act, 2016; Consumer Protection Act, 1986 — Jurisdiction — RERA proceedings for rehabilitation do not preclude Consumer Forum's jurisdiction to award compensation for delayed possession or address deficiency in service/unfair trade practice. Both statutes are supplementary and provide concurrent remedies. India Law Library Docid # 2400184
(853) SURAT SINGH RATHI Vs. SHIV KUMAR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-09-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Powers of the National Commission — National Commission can only interfere with concurrent findings of fact by lower fora if they are perverse or if the fora acted without jurisdiction. India Law Library Docid # 2400050
(854) A. INFRASTRUCTURE LIMITED Vs. MACROTECH DEVELOPERS LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-09-2023 Companies Act, 2013/1956 — Amendment of Complainant Name — Where a complainant changes its name as per the Companies Act, the amendment of its name in the case records is allowed. India Law Library Docid # 1882289
(855) SATISH KUMAR CHAWLA AND ANOTHER Vs. M/S. VATIKA LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-09-2023 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Speculative purpose — Onus on opposite party to prove complainant is not a consumer — Opposite party failed to discharge onus — Contention that complainant is not a consumer rejected. India Law Library Docid # 2400051
(856) PUNJAB NATIONAL BANK AND OTHERS Vs. SH. PRADEEP KUMAR[STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN] 19-09-2023 Consumer Protection Act, 1986, Section 15 Appeal against District Consumer Forum order Ex-parte order passed by District Forum without giving adequate opportunity to present defence Bank's request for remand to District Forum for fresh hearing allowed in principle, but appeal decided on merits. India Law Library Docid # 2400056
(857) RAMANAND INSTITUTE OF PHARMA, MANAGEMENT & TECHNOLOGY (RIPMT) Vs. SH. BABLU AND OTHERS[STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN] 19-09-2023 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Educational Institutions — Educational institutions and examination boards do not provide "service" as defined by the Act, and students are not "consumers" in this context. India Law Library Docid # 2400057
(858) SH. YADVINDER SINGH BHATIA AND OTHERS Vs. EMAAR INDIA LIMITED (FORMERLY KNOWN AS EMAAR MGF LAND LTD) AND OTHERS[STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH] 19-09-2023 Consumer Protection Act Jurisdiction Arbitration Clause An arbitration clause in an agreement between a builder and a buyer does not prevent consumer forums from hearing disputes, even after amendments to arbitration laws. India Law Library Docid # 2400053
(859) MANOJ MEHTA (SINCE DECEASED) AND OTHERS Vs. EMAAR INDIA LIMITED (FORMERLY KNOWN AS EMAAR MGF LAND LTD) AND OTHERS[STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH] 19-09-2023 Consumer Protection Act, 1986 Section 2(1)(d) Consumer Definition Complainant purchasing residential plot for personal use and to move to a less polluted city is a consumer Consumer Protection Act, 1986 Section 24A Limitation Period Objection regarding non-filing of succession certificate by legal heirs dismissed as they provided a surviving member certificate. Consumer Protection Act, 1986 Section 2(1)(r) Unfair Trade Practice Developer charging preferential location charges (PLC) for India Law Library Docid # 2400054
(860) STANDARD CHARTERED BANK AND ANOTHER Vs. MANKUMAR KUNDLIYA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-09-2023 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of Consumer — Commercial Purpose Exclusion — Loan facility availed by a sole proprietorship for expanding business and earning profits constitutes a commercial purpose, thus excluding the proprietor from the definition of 'consumer' unless the services were exclusively for earning livelihood by self-employment. India Law Library Docid # 2400002