(901) SMT. SHAKUNTLA DEVI AND OTHERS Vs. M/S MVL LTD[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-01-2024 Consumer Protection Act, 1986 — Section 3 — Consumer Protection Act, 1986 vs. Companies Act, 1956 — Winding up of company — Overriding effect — Consumer Protection Act is in addition to and not in derogation of other laws — No provision gives overriding effect to Consumer Protection Act over Companies Act — Invoking Consumer Protection Act in addition to Companies Act, not in derogation — Accepting arguments of precedence would be derogatory to Section 446 of Companies Act, 1956. India Law Library Docid # 2401714
(902) M/S. AJARA DESIGN LOUNGE PVT LTD AND OTHERS Vs. RAMESH CHANDRA KAPOOR AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 18-01-2024 Consumer Protection Act, 1986 — Object and purpose — Speedy and inexpensive remedy for consumers — Consumer Forums equipped with powers of Civil Court for dispute resolution — Complicated issues like fraud and cheating can be decided — Adjudication does not have jurisdictional limits to consumer dispute — Consumer commission can hold full trial or summary procedure — Parties adduced evidence by affidavit and documentary evidence, no request for cross-examination or summoning witnesses. India Law Library Docid # 2401715
(903) BAJA ALLIANZ LIFE INSURANCE CO. LTD. Vs. SIDRAMAPPA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 The Limitation Act — Purpose — To prevent stale claims and ensure finality of decisions — Cannot be ignored or treated lightly — Statutory provisions regarding limitation must be respected and complied with. India Law Library Docid # 2416765
(904) M/S. AVLEEN MOTORS Vs. NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal — Maintainability — Delay condoned based on reasons stated in application. India Law Library Docid # 2401703
(905) M/S. SAGAR PACKAGING Vs. ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 Section 19 Appeal against order of State Commission Delay in filing appeal Condonation of delay. Appeal filed with 57 days delay was condoned by the National Commission. India Law Library Docid # 2401704
(906) DHIRENDRA KUMAR DAS Vs. BRANCH MANAGER, STAR HEALTH AND ALLIED INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 2019 — Section 21(b) — Revision Petition — Enhancement of compensation — Interest on claimed amount — Complainant sought enhancement of compensation and interest on claimed amount from insurance company — State Commission allowed appeal of complainant regarding reimbursement — Revision Petition filed for further enhancement — Held, Complainant entitled to reasonable interest on the claim amount. India Law Library Docid # 2401705
(907) DIVISIONAL MANAGER, M/S. ORIENTAL INSURANCE CO. LTD. Vs. SRI DUNDAYYA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Jurisdiction — NCDRC can set aside order of State Commission if it suffers from material irregularity. India Law Library Docid # 2401706
(908) VIJAYAN P. Vs. MANAGING DIRECTOR, SREE GOKULAM CHITS & FINANCE COMPANY (P) LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Consumer Forum Jurisdiction — Chitty transactions — Pledge of chitties as security for another surety — Whether constitutes deficiency in service. India Law Library Docid # 2401707
(909) RAJESHWARI DEVI GARG Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of Revisional Jurisdiction — National Commission can interfere only if State Commission exercised jurisdiction illegally, with material irregularity, or failed to exercise jurisdiction vested in it — Cannot interfere with concurrent findings of fact based on appreciation of evidence. India Law Library Docid # 2401708
(910) M/S. MARUTI SUZUKI INDIA LIMITED Vs. RAJIV SHARMA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Scope and Limitations — National Commission's revisional powers highly limited, exercisable only in cases of jurisdictional error, failure to exercise vested jurisdiction, or illegality/material irregularity in State Commission's order — Cannot interfere with concurrent findings of fact from lower fora based on evidence appreciation, as held in Rajiv Shukla v. Gold Rush Sales & Services Ltd. India Law Library Docid # 2401709
(911) VIRENDER AGGARWAL Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Order of State Commission — Set aside — District Forum order upheld — Complaint allowed. India Law Library Docid # 2401710
(912) UNITED INDIA INSURANCE COMPANY LTD. Vs. BIR DEI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act Revision Petition scope limited National Commission can only interfere if State Commission acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity. India Law Library Docid # 2401711
(913) DR. AJAY SHARDA Vs. RAKESH GULATI AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Review of State Commission order — Appeal allowed by State Commission setting aside District Forum order — Revision petitions filed against State Commission order — Order decides revision petitions filed under Section 21(b) of the Act against State Commission order. India Law Library Docid # 2401712
(914) TATA AIG GENERAL INSURANCE COMPANY LTD. Vs. SURENDER KUMAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Scope — Limited — Powers under this section can only be exercised if there is a prima facie jurisdictional error in the impugned order, or if the State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity. India Law Library Docid # 2401713
(915) M/S. PIONEER DYEING PVT. LTD. Vs. ORIENTAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal — Section 2(1)(d) — Consumer — Commercial Activity — Harsolia Motors V/s. National Insurance Company precedent regarding commercial activity applies to services availed by commercial organizations — Supreme Court affirmed that hiring insurance policy is for indemnifying risk, not profit generation, but nexus with profit activity is crucial for each case — State Commission mistakenly interpreted the remanding order to re-adjudicate the entire co India Law Library Docid # 2401701
(916) SARJU RAM (SINCE DECEASED) THROUGH LEGAL HEIR SHYAM LAL Vs. SENIOR BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Aggrieved by State Commission order setting aside District Forum order — Petitioner being legal heir of deceased policyholder seeking to set aside State Commission order. India Law Library Docid # 2401702
(917) ORIENTAL INSURANCE COMPANY LTD Vs. M/S. DUROFLEX PRIVATE LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Insurance claim — Fire damage — Market value vs. Reinstatement value — Depreciation — Surveyor's report — State Commission reducing depreciation arbitrarily — Appeal allowed, State Commission order set aside. India Law Library Docid # 2401692
(918) M/S MITTAL TOWNSHIP PVT. LTD. AND ANOTHER Vs. GURPREET SINGH GILL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-01-2024 Consumer Protection Act, 1986 — Section 19 — First Appeal — Jurisdiction — Scope of appeal against State Commission's order — Order permitting refund of lesser area price with interest, compensation and litigation costs to complainants. India Law Library Docid # 2401693
(919) UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. Vs. FOOD COURT THE COMPANY GARDEN SOCIETY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-01-2024 Consumer Protection Act, 1986 Section 19 Appeal against order of State Commission Delay in filing appeal Condonation of delay 27 days delay condoned. India Law Library Docid # 2401694
(920) PAWAN SALUJA Vs. IMPERIAL HOUSING VENTURES PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-01-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of Consumer — Commercial Purpose — Burden of Proof — For a person to be deemed to not be a consumer, it must be proven that they are engaged in the business of purchasing and selling properties with the sole aim of making a profit. Simply booking multiple properties does not automatically disqualify someone as a consumer if the primary intention is personal use or investment without active trading. The burden of proving a commercial pu India Law Library Docid # 2401695