(861) ORIENTAL BANK OF COMMERCE RAJPUR ROAD Vs. DEV CATERERS[STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN] 18-09-2023 Consumer Protection Act, 1986 — Section 2(d) — Explanation — Commercial Purpose — Transactions for commercial purposes do not fall under the Consumer Protection Act, 1986, unless they are for earning livelihood by self-employment. A current account used for commercial transactions does not qualify as being for consumer purposes. India Law Library Docid # 2400055
(862) M/S. SILVERTON PULP AND PAPERS PRIVATE LIMITED Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-09-2023 Consumer Protection Act, 1986 Section 19 First Appeal Delay Condonation Appeal filed after 4 days delay Delay condoned for stated reasons. India Law Library Docid # 2400052
(863) GAGANJEET BHULLAR Vs. M/S EMIRATES AIRLINES, DELHI AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-09-2023 Consumer Protection — Deficiency in Service — Airline Liability — An airline is liable for lost baggage but the compensation is limited to SDRs 1000 per baggage unless a higher value is declared at the time of booking or check-in. India Law Library Docid # 1882353
(864) M/S. JINDAL POLY FILMS LTD. Vs. ORIENTAL INSURANCE CO. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-09-2023 Insurance Act, 1938, Section 64UM — Marine Cargo Policy — Accident during transit — Claim for damage — Dispute over assessment of internal damage — Complainant's refusal to dismantle machinery in India due to warranty and manufacturer's advice — Insurance company's insistence on local inspection — Court held that complainant acted reasonably given warranty and manufacturer's expert opinion, and insurance company's refusal to depute surveyor to Germany constituted deficiency in service. India Law Library Docid # 1882325
(865) JAWAHAR LAL NEHRU HOSPITAL AND RESEARCH CENTRE AND ANOTHER Vs. SHRADHANJALI MANIYA AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-09-2023 Consumer Protection Act, 1986 — Medical Negligence — Consent — Procedure — Death of patient after procedure for draining pus from tonsil — State Commission found no negligence in treatment but awarded compensation for lack of informed consent — Patient and family members not informed about risks and consent not obtained before procedure — Supreme Court principles on consent for medical treatment require doctor to disclose nature, procedure, purpose, benefits, alternatives, substantial risks, and India Law Library Docid # 1882323
(866) YOGENDER S. BANSAL Vs. M/S BPTP LTD. [CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2023 Consumer Protection Act, 2019 — Section 2(7) — Definition of Consumer — Speculative Investor Defence — Mere purchase of more than one property does not automatically make a buyer a speculative investor. The onus is on the seller to prove commercial intent with cogent evidence. Purchased property for personal use and family needs is a valid ground for being considered a consumer. India Law Library Docid # 1882237
(867) ANSHUL AGARWAL Vs. SHREENIWAS COTTON MILLS LIMITED [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2023 Consumer Protection Act, 1986; Section 2(1)(d) Consumer; Section 2(1)(g) Deficiency in Service; Section 2(1)(r) Unfair Trade Practice Allegation that more than one residential unit booked amounts to commercial purpose Onus on opposite party to prove commercial purpose through evidence Bald averment insufficient Taking bank loan and servicing it does not automatically imply commercial purpose. India Law Library Docid # 1882355
(868) VEENA BAJAJ AND ANOTHER Vs. M/S. NEXGEN INFRACON PRIVATE LIMITED (A MAHAGUN GROUP COMPANY) [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-09-2023 Consumer Protection Act, 1986 — Section 21(1)(a) — Deficiency in service and Unfair Trade Practice — Delay in possession — Project promotion and execution — Complainants booked apartments, paid substantial amounts, but faced delayed possession and various other issues including increased area, revised layout plans, and unfulfilled amenities allegations. Opposite party cited force majeure events as reasons for delay. India Law Library Docid # 1882361
(869) M/S. HARSH CONSTRUCTIONS AND ANOTHER Vs. CONSUMER WELFARE ASSOCIATION AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-09-2023 Consumer Protection Act, 1986 — Deficiency in service — Delay in possession — Promoter's claim of construction delay due to PILs and litigation found to be misleading and unacceptable as no stay was granted and the relevant PIL was disposed of before the agreed possession date. India Law Library Docid # 1882354
(870) VIRENDER SHARMA AND ANOTHER Vs. M/S. HAAMID REAL ESTATES PRIVATE LIMITED AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-08-2023 Consumer Protection Act, 2019 — Deficiency in Service — Unfair Trade Practice — Developer's failure to execute Flat Buyer Agreement (FBA) after receiving substantial payments, along with delayed possession, constitutes deficiency in service and unfair trade practice. India Law Library Docid # 1882122
(871) AJAY KUMAR GUPTA Vs. PRATEEK INFRA PROJECTS INDIA PVT. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-08-2023 Consumer Protection Act, 1986 — Section 21(a)(i) read with Section 12(1)(a) — Deficiency in handing over possession of flat within promised time — Refund of amount deposited with interest — Complainant booked a flat and paid 95% of the consideration. The agreement stipulated December 2016 possession, later revised to June 2017 with a grace period. Occupancy Certificate was issued late, and construction facilities were incomplete. Buyer sought possession, compensation for delay, and other ameniti India Law Library Docid # 1882250
(872) ALOK KUMAR AND ANOTHER Vs. VATIKA LIMITED [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-08-2023 The Consumer Protection Act, 1986 — Section 21 — Consumer complaint filed for non-handover of possession within promised time and seeking refund with interest and compensation. Complainant paid a booking amount for a flat and was allotted a specific unit. The builder-buyer agreement was signed despite being one-sided. Possession was promised within 48 months, but the project faced delays. Complainants sought refund, damages, and compensation for mental agony and financial loss due to the opposit India Law Library Docid # 1882255
(873) ARTI Vs. DR. GAGANDEEP GOYAL AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-08-2023 Consumer Protection Act, 1986 — Section 21 — Revision Petition — Medical Negligence — Wrong diagnosis, operation, complications, financial loss — Reversal of State Commission's order by Supreme Court. India Law Library Docid # 1882274
(874) KRISHNA JAIN Vs. PNB MET LIFE INSURANCE CO. LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-08-2023 Consumer Protection Act, 1986 — Section 12 — Complaint by widow against insurance company for disallowing claim — Allegation of deficiency in service and unfair trade practice — Policy purchased by deceased husband — Life assured expired after a kidney transplant — Claim repudiated on grounds of non-disclosure of material facts relating to diabetes — Policy approved after medical examination, but deceased diagnosed with Chronic Kidney Disease later — Deceased disclosed diabetes to agent, but pro India Law Library Docid # 1882327
(875) MAHENDRA RANGARE, PARTNER, M/S. SHREE VINAYAKA PACKAGING SOLUTION Vs. ORIENTAL INSURANCE CO. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-08-2023 Consumer Protection Act, 1986 — Section 2, Section 21 — Insurance claim repudiation — Deficiency in service — Complaint filed against insurance company for repudiating a fire loss claim on grounds of policy condition violations after a fire accident. Held that the initial surveyor's report indicating the fire was due to an insured peril was not sufficiently rebutted by the final surveyor's report to justify repudiation. India Law Library Docid # 1882328
(876) M/S. VALIENT SHIPPING CO. PVT. LTD. Vs. NEW INDIAASSURANCE CO. LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-08-2023 Consumer Protection — Survey Report — Non-supply of survey report to complainant prejudices their right to contest the claim, violating natural justice principles. India Law Library Docid # 1882118
(877) AD BUREAU ADVERTISING PVT LTD REPT BY MD ABIRCHAND NAHAR RAYALA TOWERS Vs. THE CHIEF MANAGER , CENTRAL BANK OF INDIA [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-08-2023 Consumer Protection Act, 2019 — Deficiency in service — Unfair trade practice — Bank's wrongful reporting of complainant as defaulter to CIBIL despite full settlement of loan — Negligence — Adjudication by Banking Ombudsman — Compensation awarded by Consumer Forum for loss of business, reputation, and mental agony. India Law Library Docid # 1882299
(878) MINAKSHI BALAKRISHNAN AND ANOTHER Vs. M/S. QURESHI BUILDERS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-08-2023 Consumer Protection Act, 1986 — Complaint maintainability — Consumer status — Buyer of property for personal use is a consumer, even if they intend to sell it later such intention is not a commercial purpose — Allegation of investor status by opposite party rejected as unsubstantiated — Complainants are consumers. India Law Library Docid # 1603886
(879) UMESH KUMAR GARG Vs. STATE BANK OF INDIA AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-08-2023 Consumer Protection Act, 1986, Section 21(b) — Revision Petition — Scope of — Interference with concurrent findings of fact by lower courts is limited unless there is a perversity or illegality. India Law Library Docid # 1882113
(880) SUKHVIR SINGH RAGHAV AND OTHERS Vs. M/S. SKG HOMES PVT. LTD. AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-08-2023 Consumer Protection Act — Suppression of material facts — Forum shopping — Complaint dismissed where complainants concealed prior proceedings and settlements before RERA, constituting suppression of material facts and abuse of process. India Law Library Docid # 1882270