(941) RAM TIRATH GUPTA Vs. M/S. V.N. SHARMA BUILDERS PRIVATE LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeals — Cross appeals filed against State Commission's order partially allowing consumer complaint — One appeal for enhancement of compensation, other to set aside the order. India Law Library Docid # 2401616
(942) M/S TATA METALIKS LIMITED, TATA CENTRE Vs. CHAIRMAN CUM MANAGING DIRECTOR, NATIONAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Marine Insurance Open Cover Policy Repudiation of Claim The complainant sought marine transit insurance for cargo from Australia to India. The policy covered transit from any port in the world to specified plant sites in India via vessel, road, or rail. A specific consignment of coal was discharged at Paradip Port, India. Subsequently, a cyclone caused damage to the coal while it was stored on a plot of land near the jetty. The insurance company repudiated the claim, arguing that the coverage India Law Library Docid # 2401617
(943) AMIT GUPTA AND ANOTHER Vs. M/S. BPTP LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Onus of proof — The burden to prove that a complainant is engaged in the business of real estate and buying and selling property lies on the opposite party (developer), and this burden must be discharged with evidence. India Law Library Docid # 2401618
(944) VIVEK DODA AND ANOTHER Vs. ESTATE OFFICER, GMADA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986, Section 2(1)(d) and Section 12(a) — Complaint filed against statutory development authority for deficiency in service and unfair trade practice regarding plot purchased in public auction — Complaint dismissed — A person purchasing a plot in a public auction, especially on an 'as is where is basis', is not considered a 'consumer' under the Act, and the development authority is not a 'service provider' in such a scenario — Consequently, consumer forums lack jurisdict India Law Library Docid # 2401619
(945) BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. M.M. KNITWEARS PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission's order — Delay in filing appeal — Condonation of delay — Appeal filed with delay of 46 days — Delay condoned in the interest of justice considering reasons provided in application. India Law Library Docid # 2401620
(946) RAHUL RANKA Vs. ORIENTAL INSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Assailing order of State Commission setting aside District Forum order upholding complaint — Insurance claim — Vehicle theft — FIR lodged after delay — Violation of policy conditions. India Law Library Docid # 2401612
(947) RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. RAM MEHAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Adjudication of revisionary powers — Court can set aside orders of lower fora if they suffer from material irregularity or perversity. India Law Library Docid # 2401613
(948) M/S. KOHLI NURSING HOME AND MATERNITY CENTRE Vs. SONIKA KAPOOR - THROUGH LRS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Hospital directed to pay compensation for medical negligence — Appeal filed challenging the order — Facts of the case involve a patient admitted for delivery, experiencing post-operative abdominal pain, and later diagnosed with a foreign body in her abdomen — CT scan revealed a foreign body, and subsequent surgery removed an abdominal sponge — Delhi Medical Council found the operating doctor negligent and suspen India Law Library Docid # 2401614
(949) SANDEEP DHANDA – PETITIONER Vs. NATIONAL INSURANCE COMPANY LIMITED – RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-12-2023 Consumer Protection Act, 1986 — Complaint dismissed by State Commission on appeal — Driver acquitted in criminal case for drunk driving — FIR stated driver was under influence of liquor and driving at high speed — Driver's statement to investigator admitted influence of liquor — Medical report indicated alcohol intoxication but no specific blood alcohol level established — Insurance company repudiated claim based on policy violation — State Commission found sufficient evidence in statements and India Law Library Docid # 2401435
(950) SENIOR BRANCH MANAGER, LIC OF INDIA – PETITIONER Vs. ASST. PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION AND ANOTHER – RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-12-2023 Consumer Protection Act, 1986 — Deficiency in service — Insurance — Non-payment of premium due to insufficient funds in Provident Fund — Joint and several liability of employer and insurer — Failure to inform policyholder of non-payment and insufficient funds constitutes deficiency. India Law Library Docid # 2401436
(951) MADHULEKHA SAWHNEY - APPELLANT Vs. M/S. SHIPRA ESTATE LTD. & JAI KRISHAN ESTATE DEVELOPERS PVT. LTD. AND OTHERS - RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-12-2023 Civil Procedure Code, 1908 — Section 148 — Enlargement of time — When time allowed for deposit under a preliminary decree is dismissed, time for deposit can be extended, provided the application is not malafide. India Law Library Docid # 2401437
(952) ORIENTAL INSURANCE CO. LTD. Vs. HARISHANKAR COMMERCIAL PRIVATE LIMITED [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-12-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Motor Vehicle Insurance — Vehicle registered in company name, Akash Garg as Director — Insurance also in company name — Accident occurred — FIR registered against Akash Garg alleging rash and negligent driving under influence of alcohol — State Commission allows complaint, directing payment of assessed repair cost by insurance company — Appeal by insurance company. India Law Library Docid # 2401438
(953) NATIONAL INSURANCE COMPANY LIMITED Vs. M/S. SHIVAM MEDICO [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-12-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission's order — Insurance claim — Fire loss — Assessment of loss — Surveyor's report not conclusive — Rebuttable evidence can be considered — State Commission's order upheld if no illegality. India Law Library Docid # 2401432
(954) UCO BANK AND ANOTHER Vs. SHWETA AGARWAL AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-12-2023 Consumer Protection Act, 2019 — Section 51 — Appeal against State Commission Order — Bank's liability for loss of locker contents due to burglary — Deficiency in service regarding security measures. India Law Library Docid # 2401433
(955) GANGAMAI INDUSTRIES AND CONSTRUCTION LTD. - APPELLANT Vs. NEW INDIA ASSURANCE CO. LTD. - RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-12-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Dismissal of insurance claim — Complainant company obtained fire declaration insurance policy for sugar stock — Damage to sugar stock due to stormy rain — Insurance company repudiated claim on grounds that stock was stored in a temporary godown constructed after policy issuance, no endorsement obtained for change, no evidence of storm, and damaged stock sold without insurer's approval — State Commission dismisse India Law Library Docid # 2401434
(956) PRAJAKTA PRADEEP MULAY – PETITIONER Vs. VINOD GOYAL – RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-12-2023 Consumer Protection Act, 1986 — Section 21 — Revision Petition — Scope of revisional jurisdiction is limited — National Commission can interfere only in cases of jurisdictional error, failure to exercise jurisdiction, or acting illegally or with material irregularity, not to interfere with concurrent findings of fact on appreciation of evidence by lower Fora. India Law Library Docid # 2401427
(957) SABITARANI BISWAL Vs. REGIONAL PASSPORT OFFICER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-12-2023 The delay in filing the appeal was condoned by the court due to the reasons provided in the application for condonation of delay, allowing the case to be decided on its merits. India Law Library Docid # 2401428
(958) CANARA BANK AND OTHERS Vs. SWARAN SINGH SAGGU [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-12-2023 Consumer Protection Act, 1986 — Section 15 — Appeals to Supreme Court — Cross appeals — Held, where both appeals are filed against the same order, parties are the same, and issues are related, they should be taken up together. India Law Library Docid # 2401429
(959) M/S. MAINI ENTERPRISES Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-12-2023 Insurance Policy — Clerical Error in Address — Liability — Insurance policy issued with incorrect business premise address due to clerical error in proposal form submitted by bank. Loss occurred at correct business premise, not the insured address. Insurance company rejected claim citing no loss at insured premises. State Commission upheld rejection. Revisional court held bank liable for error in proposal form. India Law Library Docid # 2401430
(960) SHASHIDHAR KORRAPATI Vs. M/S. BINDU HOMES PVT. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-12-2023 Consumer Protection Act, 1986 — Section 24-A — Limitation — Cause of action accrual — Deficiency in service — Complaint filed beyond two years from the date of possession and transfer deeds — Complaint held to be time-barred. India Law Library Docid # 2401431