(901) 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
(902) 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
(903) PRAGNA G. MEHTA AND OTHER Vs. SAI KAMLA DEVELOPERS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-08-2023 Consumer Protection Act, 1986 — Section 21(a)(i) — Deficiency in service and unfair trade practice — Non-delivery of flat after collecting full payment — Complainant booked a flat and paid the full sale consideration to the opposite parties. However, the opposite parties failed to deliver possession of the flat, which constitutes deficiency in service and unfair trade practice under the Act. India Law Library Docid # 2432316
(904) 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
(905) 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
(906) 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
(907) 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
(908) 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
(909) CHOTANAGPUR GRAPHITE (P) LTD. Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-08-2023 Insurance Law — Interpretation of Policy Terms — Accident Outside Policy Cover — Overturning risk explicitly excluded in policy, unless additional premium paid. India Law Library Docid # 1882304
(910) JAIMANTI DEVI Vs. BRANCH MANAGER, ICICI LOMBARD VIBHUTIKHAND [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-08-2023 Consumer Protection Act, 1986 — Section 11, Section 17(2) — Territorial Jurisdiction — Complaint filed in District Forum where Respondent has a branch office — Amended Section 17(2) requires cause of action to arise in the jurisdiction of the Forum — Supreme Court interpreted "Branch Office" in amended section to mean branch office where cause of action arose, to avoid absurd consequences — Interpretation of "Branch Office" to mean where cause of action arose is necessary to prevent forum shoppi India Law Library Docid # 1882321
(911) MANAGER, SREI PARIBAS, SREI EQUIPMENT FINANCE PVT. LTD. AND ANOTHER Vs. K.A. HANUMESH [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-08-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Appeal against State Commission order upholding District Forum order — Dismissal of appeal by State Commission without detailed consideration of evidence and maintainability issues — OPs (Petitioners) argued that the matter was commercial and complainant was not a consumer, and that repossession was lawful as per agreement — Court considered both sides' arguments, including complainant's admission of default and OPs' failure to India Law Library Docid # 1882331
(912) UNITED INDIA INSURANCE CO. LTD. Vs. BALBIR SINGH [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-08-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition against State Commission's order — Grounds for challenge — Delay in intimation of theft to insurance company — Policy clause regarding notice to insurance company distinguished for accidental loss versus theft — Theft requires immediate notice to police and cooperation in securing conviction, not necessarily immediate notice to the insurance company unless for accidental loss. India Law Library Docid # 1882115
(913) VINEET RUIA AND ANOTHER Vs. M/S. GEETA GANESH PROMOTERS PVT. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-08-2023 Jurisdiction Consumer Protection Act, 2019 Complaint dismissed as reliefs sought were pending before the High Court of Judicature at Calcutta in a civil suit. India Law Library Docid # 1882119
(914) CLOUDTAIL INDIA PRIVATE LIMITED Vs. CENTRAL CONSUMER PROTECTION AUTHORITY [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-08-2023 Consumer Protection Act, 2019 Sale of Pressure Cookers without BIS Mark Domestic Pressure Cooker (Quality Control) Order, 2020 Mandatory conformity to Indian Standard IS 2347:2017 Enforcement date February 01, 2021 Sale of 1033 pressure cookers after enforcement date without BIS mark Contravention of Order Defect as per Section 2(10) of the Act Violation of consumer rights Central Consumer Protection Authority's power to recall and impose penalty Appeal dismissed. India Law Library Docid # 1882305
(915) BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. BANWARI LAL GUPTA [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-08-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisionary jurisdiction of National Commission — Limited scope — Powers to be exercised only if State Commission exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — No such infirmity found in State Commission's order, hence upheld. India Law Library Docid # 1882309
(916) DR. AJAY SINGH PUNDEER AND ANOTHER Vs. SHAMSHER SINGH AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-08-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Scope — Limited to jurisdictional error, illegality or material irregularity — National Commission cannot re-examine evidence or merits extensively when State Commission's order is well-reasoned. India Law Library Docid # 1882248
(917) M/S. AMBIKA LAND DEVELOPERS Vs. SHRI RAJPAL LAXMAN RAUT [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-08-2023 Consumer Protection Act, 1986 — Section 2(1)(d) and 2(1)(r) — Consumer — Commercial purpose — Plot booking — Number of plots is not decisive, purpose of booking is decisive — No evidence produced by appellant to prove plots were booked for commercial purpose — Respondents not proved to be engaged in buying and selling plots — Complainants are consumers. India Law Library Docid # 1882256
(918) ESAF SMALL FINANCE BANK LTD TOWN BRANCH DPO ROAD PALAKKAD KERALA Vs. UBAID AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-08-2023 Consumer Protection Act, 1986 Deficiency in Service Unfair Trade Practice Manufacturer, dealer, and service center failing to repair a vehicle within the warranty period, rendering it useless, constitutes a deficiency in service. India Law Library Docid # 1882261
(919) ROHAN KAKKAR AND OTHERS Vs. IREO GRACE REALTECH PRIVATE LIMITED [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-08-2023 Consumer Protection Act, 1986 — Relevant sections for refund, compensation and costs — Allotment of flats and execution of buyer's agreements by the opposite party — Complaint filed for refund, compensation for mental agony and harassment, and litigation costs. India Law Library Docid # 1882282
(920) CHAIRMAN, BELGAUM POSTAL & RMS DN. CO-OP CR. SCT LTD AND ANOTHER Vs. SHIVANAND SHIVABASAPPA KADAKOL AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-08-2023 Consumer Protection Act, 1986 Jurisdiction Cooperative Societies A cooperative credit society providing banking services to its members is a service provider, and its members are consumers, making complaints maintainable under the Consumer Protection Act. India Law Library Docid # 1882302