(901) SATYA BRAT JAISWAL Vs. VEDIC CONCLAVE PRIVATE LIMITED [WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2023 Consumer Protection Act, 2019 — Section 69 — Limitation for filing complaint — Complaint must be filed within two years from the date the cause of action arose — This provision is mandatory — Delay can be condoned only if sufficient cause is shown and reasons are recorded in writing by the Commission — Failure to file within the period or seek condonation constitutes a bar. India Law Library Docid # 1882235
(902) AFTAB ISLAM Vs. GOFRAIN MOLLA AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2023 CONSUMER PROTECTION ACT, 1986 — Section 2(1)(d) — Complaint — locus standi — Investors who deposited money in schemes floated by investment company — Deposits not repaid with interest after default — Directed payment of principal and interest with compensation by forums below — Revision by alleged commission agent dismissed. India Law Library Docid # 1882246
(903) BALUSINH SOMSINH NARVE Vs. SATNAM AGRO CENTRE AND OTHER [GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2023 Consumer Protection Act, 1986 — Defective Goods — Burden of Proof — Complainant failed to prove that the seed bags purchased lacked mandatory information, undermining his claim of sub-standard material. India Law Library Docid # 1882276
(904) RASANDIK ELECTRIC VEHICLES PVT. LTD. Vs. AYODHYA PRASAD MISHRA AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-08-2023 Consumer Protection — Deficiency in Service — Vehicle Purchase — District Forum awarded compensation to complainant for defective vehicle based on expert report confirming manufacturing defect, with State Commission concurring. India Law Library Docid # 1882281
(905) M.S. BAKANKAR Vs. STATE BANK OF INDIA [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-08-2023 Consumer Protection Act, 1986 — Section 21 — Revision Petition — Jurisdiction — Court can entertain a revision petition against an order of the State Commission. India Law Library Docid # 1882306
(906) BHARTI AXA LIFE INSURANCE LTD. Vs. STATE BANK OF INDIA [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-08-2023 Consumer Protection Act, 1986 — Revisional Jurisdiction — Scope — Commission's revisional powers are limited to instances of prima facie jurisdictional error, perversity, or material irregularity in lower fora's findings — Can only interfere with concurrent findings of fact if they are perverse, based on inadmissible evidence, conjecture, or omission of material evidence — Cannot re-assess or re-appreciate evidence when findings are concurrent and based on evidence on record. India Law Library Docid # 1882307
(907) TEJAS GOPALJI SOMANI Vs. TATA MOTORS LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-08-2023 Consumer Protection Act, 1986 — Deficiency in Service — Manufacturing Defect — Appeal against State Commission Order — Complainant refused to take delivery of vehicle after repairs, attributing defects to manufacturing — No expert evidence produced by complainant to prove manufacturing defect — Defects alleged were mechanical and rectified — Refusal to take delivery without tangible reason not justifiable — No deficiency in service by opposite parties. India Law Library Docid # 1882112
(908) URBAN IMPROVEMENT TRUST AND ANOTHER Vs. MAGHA RAM [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-08-2023 Consumer Protection Act, 1986 — Section 19 — Revision Petition — Jurisdiction — Public Auction Purchaser — Consumer Status — An auction purchaser, particularly in sales of existing sites, is not considered a consumer under the Consumer Protection Act, 1986. Therefore, consumer forums lack jurisdiction to entertain complaints filed by such purchasers against the auctioning authority. India Law Library Docid # 1882117
(909) AJMER DEVELOPMENT AUTHORITY AND ANOTHER Vs. SHIV CHARAN SINGH CHAUHAN [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2023 Consumer Protection Act, 1986, Section 21 — Revision Petition — Order of State Commission set aside — Rejection of complaint by District Forum upheld — Petitioners challenge to State Commission's order allowing appeal and directing payment of compensation — Petitioners contend complainant defaulted in payment, State Commission erred in holding deficiency in service based on internal note sheet lacking competent authority approval and State government approval prior to demand letter issuance. India Law Library Docid # 1882252
(910) ALOK GUPTA Vs. STATE OF RAJASTHAN AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2023 Consumer Protection Act, 1986 — Sections 2(1)(d), 24-A — Consumer status — Pension dispute — A worker in a semi-government institution can file a consumer complaint regarding a pension dispute. India Law Library Docid # 1882254
(911) MANAGING DIRECTOR & CEO, INDIAN OVERSEAS BANK AND ANOTHER Vs. S.X.J. VASAN, I.R.S. FORMER COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2023 Consumer Protection Act, 1986 — Section 2(1)(d) and Explanation — Consumer — Commercial Purpose — Earning Livelihood by Self-Employment — Banking services used for stock market trading to generate profit constitutes a commercial purpose. However, if the stock market trading is done for earning livelihood by means of self-employment, the person availing the service will still be considered a consumer. The determination is factual and case-specific. India Law Library Docid # 1882332
(912) INDIAN OIL CORPORATION LIMITED Vs. SOURAV DAS AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-07-2023 Consumer Protection Act, 1986 — Deficiency in service — Failure to process insurance claim — Death of persons due to burn injuries from LPG cylinder leakage — State Commission ordered compensation based on insurance policy after finding lack of conclusive evidence of defects in equipment or negligence by deceased — Court finds no illegality in State Commission's findings as the incident was proven by dying declarations and police reports and the failure to process the insurance claim constituted India Law Library Docid # 1882320
(913) GURUMOORTHY, S/O. NAGASUBRAMANIAN, HINDU Vs. THE CANARA BANK AND OTHERS [PUDUCHERRY STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2023 Consumer Protection Act, 2019 — Section 2(7) — Definition of Consumer — Loan for Commercial Purpose — Held, a person availing a loan for business expansion or business purposes, not exclusively for earning livelihood by self-employment, is not a 'Consumer' as defined under the Act. India Law Library Docid # 1882253
(914) BHAVESH TRIBHUVAN VORALIYA Vs. MANAGER, UNION BANK OF INDIA [GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2023 Consumer Protection Act, 1986 Section 2(1)(d) Definition of 'Consumer' complainant's status as beneficiary of funds versus beneficiary of services Bank's contention that complainant is not a 'Consumer' as he did not hire services and name was not in banking records Held, complainant is entitled to funds as per will, but not a beneficiary of bank's 'services' for the purpose of the Act. India Law Library Docid # 1882279
(915) ASHISH DHINGRA AND ANOTHER Vs. EMAAR MGF LAND LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2023 Consumer Protection Act, 1986, Section 2(1)(d) & 2(1)(o) — 'Consumer' and 'Service' Defined — Housing Construction Included as Service — Exception for 'Commercial Purpose' — Test for Commercial Purpose includes nexus with profit-generating activity and business-to-business transactions — Purchase for earning livelihood by self-employment is not commercial purpose — Whether a buyer is a consumer depends on facts of each case. India Law Library Docid # 1882310
(916) CENTRAL BANK OF INDIA AND ANOTHER Vs. VISHAL GUPTA AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-07-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary powers of National Commission — Admissibility of revision — National Commission can interfere with State Commission's order if it causes injustice or the lower forum committed a gross error — Revision admitted on finding flaws in District Forum's proceedings and procedural irregularities. India Law Library Docid # 1882311
(917) HDFC ERGO GENERAL INSURANCE COMPANY LTD. Vs. RAJIV KUMAR AGARWAL AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-07-2023 Consumer Protection Act, 1986, Section 21(b) — Revision Petition — Challenge to State Commission's order — Petitioner challenging State Commission's dismissal of appeal against District Forum's order allowing consumer complaint — Revision petition filed against State Commission's order dated 11.09.2017. India Law Library Docid # 1603469
(918) PUNJAB NATIONAL BANK GUWAHATI ZONAL OFFICE Vs. SRI KAMAL THENGAL C/O THANGAL AUTO SERVICE G.D. ROAD [ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-07-2023 Consumer Protection Act, 1986 — Section 15 — Appeal — Jurisdiction — Payment of amount — appellant bank amalgamated wih Punjab National Bank — Appeal continued against Punjab National Bank. India Law Library Docid # 1882245
(919) SANCHITA CHAUHAN DAUGHTER OF LATE SHAMSHER SINGH CHAUHAN Vs. M/S MANOHAR INFRASTRUCTURE & CONSTRUCTIONS PRIVATE LIMITED AND OTHERS [CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-07-2023 Consumer Protection Act, 2019 — Section 2(7) — Definition of Consumer — Allegation of speculative investor — Onus on opposite party to prove complainant is not a consumer — Mere purchase of multiple properties does not automatically classify a buyer as an investor for commercial purposes — Complainant stated plot was for residential purpose — Absence of evidence from opposite party to prove commercial intent — Complainant falls within the definition of a consumer. India Law Library Docid # 1882103
(920) MR. SHAMEEM UDDIN Vs. THE COUNTRY HEAD OF KUWAIT AIRWAYS AND OTHERS [DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-07-2023 Consumer Protection Act, 1986 Sections 17 & 18 Filing of Consumer Complaint Reliefs sought include refund of ticket money, compensation for business loss, and litigation costs. India Law Library Docid # 1882105