(861) 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
(862) 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
(863) 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
(864) 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
(865) 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
(866) 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
(867) 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
(868) 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
(869) 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
(870) 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
(871) 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
(872) 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
(873) 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
(874) 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
(875) 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
(876) 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
(877) 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
(878) 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
(879) 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
(880) 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