(941) DYNAMETIC OVERSEAS PRIVATE LIMITED Vs. NEW INDIAASSURANCE CO. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-06-2023 Consumer Protection Act, 1986 — Deficiency in service — Insurance claim repudiation — Marine Cargo Specific Voyage Policy — Ship sinking due to cyclone — Policy terms and conditions — Insurable interest — Breach of warranties. India Law Library Docid # 1882203
(942) GEETIKA MALLAN AND ANOTHER Vs. JAIPRAKASH ASSOCIATES LIMITED [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-06-2023 Consumer Protection Act, 1986 — Section 21 — Deficiency in service — Delay in possession and increase in super area — Complainant booked a flat, possession delayed beyond the agreed period, and super area increased arbitrarily — Opposite party argued delay was due to force majeure and increase in super area was as per agreement terms — Commission found delay not justified by force majeure and ordered compensation, but upheld the increase in super area as per agreement. India Law Library Docid # 1882205
(943) RAJASTHAN HOUSING BOARD Vs. DEVENDRA KUMAR [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-06-2023 Consumer Protection Act, 1986 Section 21 Revision Petition Jurisdiction Highlighting the dismissal of an appeal by the State Consumer Disputes Redressal Commission and upholding the order of the District Consumer Disputes Redressal Forum. India Law Library Docid # 1882232
(944) MURUGESEN Vs. BANK OF BARODA AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-06-2023 Consumer Protection Act, 1986 — Section 21(a)(i) — Deficiency in service — Insurance claim — Natural calamity — Loss due to cyclone not covered by insurance policy — Complaint for compensation dismissed. India Law Library Docid # 1882292
(945) M/S. MOTIA DEVELOPERS PVT. LTD. Vs. PUNJAB [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 21-06-2023 Consumer Protection Act, 1986 Section 19 Appeal against order of State Commission Grounds for appeal Pecuniary and territorial jurisdiction Complaint filed by one joint applicant Purchase for investment purposes Default in payment of installments Delay in possession Absence of Completion Certificate State Commission considered and addressed contentions with sound reasoning and case law. India Law Library Docid # 1882291
(946) VIVEK GARG AND ANOTHER Vs. M/S. SHIPRA ESTATE LTD. & JAI KRISHNA ESTATEDEVELOPERS PVT. LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-06-2023 Consumer Protection Act, 1986 Section 12(1)(a) & 2(1)(d) Consumer Complaint Maintainability A buyer of a flat from a joint venture between a private developer and a statutory authority can file a complaint against both entities. India Law Library Docid # 1882213
(947) PRIYANKA TANDON AND ANOTHER Vs. BHATIA GLOBAL HOSPITAL & ENDOSURGERY INSTITUTE & OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-06-2023 Consumer Protection Act, 1986 — Sections 2(1)(g), 14(1)(d) & 21(b) — Deficiency in Service, Medical Negligence, Unfair Trade Practices — ICSI Procedure — Paternity Dispute — Incorrect Blood Group — DNA Test Confirms Non-Paternity — OPs collectively liable for negligence and unfair trade practices — Hospital and Directors found responsible for misleading advertisement and unethical practices attributed to failure to follow standard guidelines. India Law Library Docid # 1882143
(948) MOHAMMAD YUSUF RAZA Vs. INDORE TRANSPORT AGENCY [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-06-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope — Concurrent findings of fact by lower fora — Interference not warranted unless grave error, jurisdictional error, or legal principle ignored. India Law Library Docid # 1882215
(949) BABY SAMHITHA K.S AND OTHERS Vs. CLOUD NINE AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 16-06-2023 Consumer Protection Act, 1986 — Section 21 — Medical Negligence — Standard of Care — Hospital's Duty — Failure to conduct necessary investigations for pre-eclampsia before caesarean section, premature discharge of patient, and misdiagnosis of breathlessness as asthma by doctors constitute medical negligence. Hospital is vicariously liable for the negligence of its doctors. India Law Library Docid # 1882365
(950) NEW INDIA ASS. CO. LTD. Vs. AJITBHAI R. PATEL [GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 15-06-2023 Insurance Law — Contract of Insurance — Utmost Good Faith — Duty of Disclosure — Insured has a duty to disclose material information regarding pre-existing conditions when enhancing sum insured, failing which insurer can repudiate enhanced coverage. India Law Library Docid # 1881902
(951) AMARJIT KAUR W/O. SHRI JOGINDER SINGH Vs. KOTAK MAHINDRA OLD MUTUAL LIFE INSURANCE LTD. & ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-06-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Insurance Policy — Deficiency in Service — Unfair Trade Practices — An illiterate complainant was assured by an insurance agent that her investment would double in ten years and could be withdrawn after three years. She paid a premium of Rs. 4,60,000. Upon seeking withdrawal after three years, the insurer refused to pay. The District Forum ordered a refund with interest and compensation. The State Commission set aside the Distri India Law Library Docid # 1882186
(952) SUNCITY PROJECT PVT. LTD. AND OTHERS Vs. LT. COLONET BRIJESH KUMAR SINGH [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-06-2023 Consumer Protection Act, 2019 — Section 47 — Pecuniary Jurisdiction of State Commission — Determination of — Based on consideration paid, not aggregate of value of goods/services and compensation claimed — The Consumer Protection Act, 2019, as amended, clearly states that pecuniary jurisdiction is determined by the value of goods or services paid as consideration, and not by the aggregate of the value of goods or services and the compensation claimed. India Law Library Docid # 1882240
(953) PANKAJ MAHESHWARI Vs. S.B.I. GENERAL INSURANCE CO. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-06-2023 Consumer Protection — Delay in filing appeal — Supreme Court waiver of limitation in Suo Motu Writ Petition No.3 of 2020 — Delay in filing appeal condoned based on waiver. India Law Library Docid # 1882295
(954) LALIT KUMAR AND OTHERS Vs. M/S. E-HOMES INFRASTRUCTURE PVT. LTD. AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2023 Consumer Protection Act, 2019 — Section 35(1)(c) — Representative Complaint — Sameness of Interest — A complaint filed under Section 35(1)(c) requires sameness of interest among numerous consumers, meaning commonality of grievances and seeking identical relief — The burden to prove sameness of interest lies with the complainants, who must provide specific averments to support their claim — Vague allegations or a mix of distinct grievances among complainants will not satisfy this requirement. India Law Library Docid # 1882229
(955) DR. SHAILENDER DHAWAN Vs. DIGVIJAY ADVOCATE AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2023 Medical Negligence Consumer Protection Practitioner's Qualifications An Ayurvedic practitioner is not authorized to practice modern allopathic medicine unless they are also registered under the Indian Medical Council Act, 1956. India Law Library Docid # 1882238
(956) GTFS MULTI SERVICES LTD. Vs. SMT. PRAVATI BEHERA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-06-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Jurisdiction — National Consumer Disputes Redressal Commission can interfere with orders of State Commission if it finds such order to be erroneous or unjust. India Law Library Docid # 2415661
(957) CDR. RAJESH RAJGOPALAN AND OTHERS Vs. M/S. VATIKA LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2023 Consumer Protection Act, 1986 — Section 21 — Complaint filed for deficiency in service and unfair trade practice — Delay in handing over possession of flats — Flat Buyers Agreement (FBA) and subsequent revisions by builder — Non-obtaining of Occupation Certificate (OC) and No Objection Certificate (NOC) — Held, deficiencies in service. India Law Library Docid # 1882234
(958) M/S. SOUTH BENGAL AGRO PRODUCTS Vs. UNITED INDIA INSURANCE COMPANY LIMITED [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2023 User Protection Act, 1986 — Section 2(1)(d) — Definition of Consumer — Commercial entity can be a consumer if goods/services not linked to profit generation — Insurance contract is a contract of indemnity — Insurance for business is not a commercial purpose under the Act. India Law Library Docid # 1882239
(959) PALANADU COLD STORAGE Vs. NATIONAL INSURANCE COMPANY LTD. AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-06-2023 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Commercial Purpose — Insurance Policy — Contract of Indemnity — A contract of insurance is a contract of indemnity, and therefore, there is no question of commercial purpose in obtaining insurance coverage. A cold storage owner storing farmers' produce is considered a 'Consumer' for insurance purposes, even if the stock belongs to farmers. India Law Library Docid # 1882294
(960) PUSHPA VERMA & 2 OTHERS Vs. BHARDWAJ NURSING AND MATERNITY HOME PRIVATE LIMITED & 9 OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-06-2023 Consumer Protection Act, 1986 Medical Negligence Standard of Care Doctor not liable for errors in judgment or unavoidable adverse outcomes provided they act with due care and skill. India Law Library Docid # 1882054