(921) HYUNDAI MOTOR INDIA PVT. LTD. Vs. HARPAL SINGH AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-07-2023 Consumer Protection Act, 1986 — Deficiency in service — Manufacturing defect — Buyer purchased a new car that developed an unusual sound during braking and water leakage from the door shortly after purchase. Despite multiple attempts by authorized service centers to repair the defects, they remained unresolved. The manufacturer's own engineers admitted failure to identify the cause of the noise after extensive checks, indicating a significant manufacturing defect that rendered the car unfit for India Law Library Docid # 1882318
(922) COMMODORE (R) VIJAY KUMAR GAUTAM NM Vs. STERLING HOLIDAY RESORTS AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-07-2023 Consumer Protection Act, 1986 — Deficiency in Service — Unfair Trade Practice — Contractual terms — Complainant purchased membership with assurance of accommodation and VISA assistance — Failed to secure promised booking — Sought refund and cancellation — Opposite Party denied liability based on membership terms, specifically clause regarding RCI exchanges and cancellation period — Lower forums dismissed complaint finding complainant bound by terms, particularly those limiting company's liabilit India Law Library Docid # 1882314
(923) S.M. EINT (BRICK) UDYOG Vs. RAMKESH [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-07-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — Re-appreciation of facts — Revisionary powers are limited and do not permit re-appreciation of factual matrix already considered and decided by lower Fora. India Law Library Docid # 1882315
(924) ICICI BANK LTD. Vs. DIGAMBER VAMAN GURJAR AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-07-2023 Consumer Protection Act, 1986 — Section 2(1)(o) — Definition of Service — Exclusion of Contract of Personal Service — Whether disputes between employer and ex-employee regarding pensionary benefits are consumer disputes — Held, employer-employee relationship falls under "contract of service" which is excluded from the definition of "service" under Section 2(1)(o), therefore, consumer forums lack jurisdiction. India Law Library Docid # 1882319
(925) PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITY Vs. RAJBIR SINGH GILL AND OTHERS [PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 14-07-2023 Consumer Protection Act, 1986 Deficiency in Service, Unfair Trade Practice Plot Allotment Developer failed to hand over possession with amenities within the stipulated period Developer did not provide evidence of development completion or offer of possession Developer also failed to prove that the complainant purchased the plot for speculation District Commission rightly allowed the refund of the deposited amount with interest, compensation, and litigation expenses. India Law Library Docid # 1882102
(926) CHINMAY CHOWDHURY Vs. STATE BANK OF INDIA AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-07-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Standard of review — This court can interfere with the findings of the lower consumer forums if there is material irregularity or perversity in the orders passed. India Law Library Docid # 1882313
(927) M/S. GAGAN GASTO CARE Vs. PUNJAB STATE POWER CORPORATION LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-07-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition against State Commission order — District Forum's order in favor of consumer allowing complaint and setting aside demand by electricity provider — State Commission allowed appeal of electricity provider and dismissed complaint — Petitioner (consumer) challenging State Commission order on grounds of procedural irregularities in meter testing, violation of regulations, lack of intimation for testing, and pre-determined conclusion India Law Library Docid # 1882316
(928) M/S. HOTEL LEELAVENURE LTD, MUMBAI Vs. NEW INDIAASSURANCE CO. LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-07-2023 Consumer Protection Act, 1986 — Section 21 (a) (i) — Insurance claim — Deficiency in service — Hotel claimed losses from flash floods under two insurance policies. Insurer repudiated the claim. Complainant alleged suppression of final survey report and inadequate compensation. Insurer denied coverage for Leela Galleria as it was outside the "insured premises" and separately insured with another company. Held, claim disallowed as contents of Leela Galleria were not covered under the policies and India Law Library Docid # 1882317
(929) SMT. DIMPY KHANNA AND OTHERS Vs. DR. A. S. SOIN AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-07-2023 Consumer Protection Act, 1986 — Section 21 — Medical Negligence — Liver Transplant — Hepatocellular Carcinoma (HCC) — Recurrence of HCC after liver transplant is a known possibility and not necessarily indicative of medical negligence — Failure to prevent recurrence of cancer does not constitute medical negligence if there is no proven effective pre-emptive treatment. India Law Library Docid # 1882222
(930) SURESH PRASAD GUPTA Vs. M.D TATA MOTORS AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-07-2023 Consumer Protection Act, 1986 — Deficiency in service — Manufacturing defect — Damages for loss — Complainant purchased a vehicle faulty from the start leading to repeated repairs and the eventual denial of warranty claim by the manufacturer on suspect grounds — District Forum awarded compensation, State Commission set aside the order — Revision Petition allowed, State Commission's order was erroneous due to overlooking crucial documents and the manufacturer's failure to substantiate their claim India Law Library Docid # 1882241
(931) CHANDA RAJESH AGARWAL Vs. KEYSTONE REALTORS PRIVATE LIMITED [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-07-2023 Consumer Protection Act, 1986; Section 21(a)(i) — Consumer Complaint — Refund and ancillary reliefs — Complainant booked a residential flat, paid a substantial amount, but possession was delayed by the Opposite Party who subsequently attempted to unilaterally change the terms, flat location, and increased the cost. The complainant sought refund due to the delay and changes. Opposite Party argued the complainant was an investor, sought termination, and justified deductions. The Commission found t India Law Library Docid # 1882312
(932) M/S. GLOBAL HOSPITAL Vs. P. MANJULA AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-07-2023 Consumer Protection Act, 1986 — Section 19 — First Appeals — Dismissal of Complaint against OP-2 (Doctor) — Enhancement of Compensation — Vicarious Liability — Hospital liable for negligence of doctor — No privity of contract with doctor — Court finds no error in State Commission's finding of negligence and fixing liability on hospital — Endorses quantum of compensation awarded by State Commission — Modifies order to include interest and enhanced costs. India Law Library Docid # 1882322
(933) UTTARAKHAND POWER CORPORATION LIMITED Vs. MUNFAIT ALI KHAN [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-07-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited scope — National Commission's power to interfere with State Commission's order is restricted to cases where the State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Both District and State Commissions have provided well-reasoned orders, and no illegality, infirmity, or jurisdictional error warrants intervention at th India Law Library Docid # 1882244
(934) LIFE INSURANCE CORPORATION OF INDIA Vs. JAGJIT AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-07-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Scope Limited — Interference only in cases of jurisdictional error, failure to exercise jurisdiction, or illegal exercise of jurisdiction with material irregularity — concurrent findings of lower fora on liability not to be lightly interfered with. India Law Library Docid # 1882290
(935) RAHUL JAIN Vs. M/S. EXACT DEVELOPERS AND PROMOTERS LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-07-2023 Consumer Protection Act, 1986 Section 2(1)(d) Definition of 'Consumer' Explanation for 'commercial purpose' Purpose for earning livelihood by self-employment Buying commercial space to expand business and generate profit on a larger scale, not exclusively for self-employment, means the buyer is not a consumer. India Law Library Docid # 1882230
(936) PRAMOD KUMAR Vs. HDFC STANDARD LIFE INSURANCE COMPANY LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-07-2023 Insurance — Life Insurance Policy — Repudiation of Claim — Non-disclosure of Material Facts — Insurer justified in repudiating claim when deceased life insured provided incorrect information regarding income and occupation in the proposal form, violating the principle of utmost good faith (uberrima fides). India Law Library Docid # 1882297
(937) SMT. MAMTA NEGI W/O LATE DINKAR NEGI AND OTHERS Vs. ADITYA BIRLA CAPITAL SUN LIFE INSURANCE COMPANY LIMITED ONE INDIABULLS CENTRE AND OTHERS [UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 27-06-2023 Consumer Protection Act, 1986 Sections 12, 18 Repudiation of Insurance Claim Deficiency in Service Life Insurance Suppression of Material Facts Admissibility of Medical Opinion Nexus between pre-existing disease and death. India Law Library Docid # 1882195
(938) MADHUGITA MADHUKAR SUKHATME Vs. M/S. YOGESH AND YOGESH JOSHI AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-06-2023 Consumer Protection Act, 1986 Maintainability of Complaint Business to Business Transaction Development agreement not a joint venture if lacking elements like joint ownership, sharing of profits/losses, community of control, or intention of parties for joint business venture Complaint by flat owner against developer is maintainable as a consumer complaint. India Law Library Docid # 1882209
(939) ASHISH VOHRA Vs. M/S. RAHEJA DEVELOPERS LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-06-2023 Consumer Protection Act, 1986 Deficiency in Service Failure to provide possession of unit and basic amenities Developer's obligation to provide possession within agreed period Delay in possession beyond reasonable time Home buyer's right to refund with interest Developer's plea of force majeure and default in payment by other buyers not accepted as justification for prolonged delay and lack of basic amenities. India Law Library Docid # 1882364
(940) M/S. AJAY T.V. CENTRE TIBRI ROAD Vs. NATIONAL INSURANCE COMPANY LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-06-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision petition against State Commission order setting aside District Forum order — Insurance policy for shop and godowns — Fire in godown area — Insurance claim repudiated — District Forum allowed claim, State Commission set aside — Petitioner's appeal dismissed. India Law Library Docid # 1882183