(881) SHAKUNTLA SINGH Vs. CHAIRMAN, DELHI DEVELOPMENT AUTHORITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-02-2024 CONSUMER PROTECTION ACT, 1986 SECTION 22 REVISION PETITION SCOPE OF REVISIONAL JURISDICTION LIMITED TO PRIMA FACIE JURISDICTIONAL ERROR, FAILURE OR ILLEGAL EXERCISE OF JURISDICTION BY LOWER FORA CONCURRENT FINDINGS OF FACT BY DISTRICT AND STATE COMMISSIONS SUSTAINED UNLESS ILLEGALITY OR MATERIAL IRREGULARITY IS SHOWN. India Law Library Docid # 2402579
(882) SOMNATH PAUL Vs. URBAN LOGISTICS PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-02-2024 Consumer Protection Act 1986 — Section 17 — Appeals — Consumer complaint — Developer failed to complete construction and hand over flat despite full payment — State Commission awarded compensation of Rs. 1,00,000/- and litigation cost of Rs. 10,000/- to the complainant — Complainant appealed seeking enhanced interest rate from OP-3 — Held, State Commission's order was well-reasoned, awarded reasonable interest @ 9% p.a. along with compensation and costs — No further interference warranted, appea India Law Library Docid # 2402580
(883) ANSHUMAN SINHA AND ANOTHER AND OTHER Vs. M/S. JAI PRAKASH ASSOCIATES LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-02-2024 Consumer Protection — Consumer Status — Allegation of investor status rebutted by evidence of residential use and purchase for mother's residence, not speculation; supported by previous commission orders. India Law Library Docid # 2402581
(884) RENAISSANCE RTW (ASIA) (P) LTD. Vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-01-2024 Insurance Law — Marine Cargo Insurance — Policy Interpretation — Insurable Interest — Contractual Terms — Review of Judgment — Delay Condonation — Complainant sought review of a judgment dismissing their insurance claim. The review application was filed with a significant delay. While acknowledging the delay, the court condoned it to examine the merits of the review. India Law Library Docid # 2401809
(885) M. NAZEER AAHMED AND ANOTHER Vs. M/S. KISHOR KUMAR GOKALDAS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-01-2024 Consumer Protection Act, 1986 — Section 2(1)(d) and 2(1)(g) — Consumer — Deficiency in Service — Complaint filed alleging deficiency in service by opposite party no.1 in not handing over possession of flat booked by complainant — Complainants had availed home loan from opposite party no.2 and flat was mortgaged as collateral — Complainants stopped paying EMIs to opposite party no.2, leading to proceedings under RDDBI Act and SARFAESI Act — Opposite party no.1 handed over possession to opposite p India Law Library Docid # 2401806
(886) ICICI BANK LIMITED Vs. NILIMA JAUHARI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of — National Commission's revisional powers are limited and should only be exercised if the State Commission has acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — The Commission cannot interfere with concurrent findings of fact by lower Fora based on appreciation of evidence. India Law Library Docid # 2401807
(887) BANK OF BARODA Vs. M/S. KUMAR TRADING COMPANY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Scope — National Commission can interfere only if there is jurisdictional error or material irregularity in lower fora's orders, not to re-appreciate evidence when findings are concurrent on facts. India Law Library Docid # 2401808
(888) SURESH PHARMA AND OTHER Vs. SENIOR DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-01-2024 Consumer Protection Act, 1986, Section 21(A)(i) — Insurance Claim — Fire Insurance — Deficiency in Service — Delay in repudiation of claim — Complainant sought settlement of claim for stock and building damage due to fire, alleging delay by insurer. India Law Library Docid # 2401805
(889) CHIDIYA DEVI Vs. JODHPUR VIDYUT VITARAN NIGAM LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited Scope — National Commission can only interfere if State Commission exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact from lower fora unless such grounds exist. India Law Library Docid # 2416766
(890) KAMLA DEVI AND ANOTHER Vs. M/S. AMBUJA CEMENT LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Delay in filing — Condonation of delay — The appeal was filed with a delay of 47 days, which was condoned by the Commission based on the reasons stated in the interlocutory application. India Law Library Docid # 2401801
(891) HDFC BANK LIMITED Vs. SYED MUSHIR ABBAS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-01-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Jurisdiction of National Consumer Disputes Redressal Commission (NCDRC) — NCDRC has the power to revise orders passed by State Commissions. India Law Library Docid # 2401802
(892) J. PRADEEP KUMAR Vs. MANISH UPADHYAY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-01-2024 Consumer Protection Act, 1986 Condonation of Delay Special periods of limitation prescribed for appeals and revisions Object of expeditious adjudication of consumer disputes will be defeated if highly belated appeals/revisions are entertained. India Law Library Docid # 2401803
(893) ARUN RAMKRISHNA PAWADE Vs. SHARMAN PAINTS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-01-2024 Consumer Protection Act, 1986 (now replaced by Consumer Protection Act, 2019) — Section 21(b) (now Section 58(1)(b)) — Revisionary Jurisdiction — National Commission's power to interfere with lower forum orders is limited — Concurrent findings of fact by District Forum and State Commission are to be respected unless there is illegality, material irregularity, or jurisdictional error — Petitioner failed to show any such error in impugned order. India Law Library Docid # 2401804
(894) UNITED INDIA INSURANCE CO. LTD. Vs. DHINGRA RICE AND GENERAL MILLS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-01-2024 Insurance Policy — Marine Cargo Open Cover Policy — Loss due to fire — Insured claimed for damaged rice consignment — Insurer settled claim on non-standard basis due to alleged violation of policy conditions and based on a surveyor's report and laboratory test. India Law Library Docid # 2401797
(895) ASSISTANT POST MASTER, ROORKEE AND ANOTHER Vs. M/S. WESTERN PRECISION INSTRUMENT EMPORIUM[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-01-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope of revisional jurisdiction — National Commission's powers are limited to cases where State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted with material irregularity — Cannot interfere with concurrent findings of fact by lower fora based on evidence appreciation. India Law Library Docid # 2401798
(896) SHYAM KISHANCHAND BHATIA THROUGH LRS. Vs. MAHARASHTRA ELECTRICITY DISTRIBUTION CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-01-2024 Consumer Protection Act, 1986, Section 2(1)(d) — Consumer — Determination of — Electricity connection in builder's name, but bills paid by occupant — Occupant is a consumer if premises are connected to distribution licensee's works and bills are paid. India Law Library Docid # 2401799
(897) ANITA KUMAR Vs. STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Scope — Limited to jurisdictional errors or material irregularities — No scope for re-appreciation of evidence. India Law Library Docid # 2401800
(898) RAM CHANDER Vs. SBI GENERAL INSURANCE COMPANY LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Complainant purchased a house and its valuation was done by a bank for a loan — Bank insured the house with an insurance company — House developed cracks and subsided due to leakage from a municipal water pipeline — Insurance company repudiated the claim stating the loss was not covered under the policy — State Commission allowed the complaint against the Municipal Council but dismissed it against the insurance India Law Library Docid # 2401795
(899) MAKE MY TRIP INDIA PVT. LTD. AND OTHERS Vs. DEVRAJ BEHARNANI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Delay Condonation — Appeal filed under Section 19 of the Consumer Protection Act, 1986 against State Commission's order directing payment of compensation and costs was admitted after condonation of delay. India Law Library Docid # 2401796
(900) PARMINDER SINGH AND ANOTHER Vs. FS HOUSING PRIVATE LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-01-2024 Consumer Protection Act, 1986 — Sections 2(1)(g), 2(1)(d) — Deficiency in Service — Unfair Trade Practice — Complainants booked an apartment and paid substantial amount, but the opposite party failed to hand over possession by the agreed date, despite extensions and receiving full payment. This constitutes both deficiency in service and an unfair trade practice. India Law Library Docid # 2416767