(941) EMAAR INDIA LIMITED Vs. RADHIKA SAREEN[CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986 (now Consumer Protection Act, 2019) — Amendment of pleadings — Allowing amendment of complaint to claim possession instead of refund — Whether permissible — Held, yes. The purpose of amendment is to serve the ends of justice and determine the real questions in controversy. Amendments should be allowed unless they cause injustice. Supreme Court has held that where relief of possession is an alternative to refund, amendment should be allowed if it emanates from the fa India Law Library Docid # 2400961
(942) S.B.I. LIFE INSURANCE COMPANY LIMITED AND OTHERS Vs. MRS. RANJNA BAJAJ[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986 — Section 12 — Complaint — Repudiation of Insurance Claim — Group Insurance Scheme — Life Assured concealed pre-existing heart disease in proposal form — Whether repudiation justified. India Law Library Docid # 2400998
(943) NEELAM SETH WIFE OF SHRI ANIL SETH Vs. M/S SANDHU AUTOMOBILES PVT. LTD. AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 2019 — Section 41 — Appeal against Consumer Commission order — Dismissal of complaint due to lack of evidence of manufacturing defect within warranty period and approaching commission after warranty expiry — Appeal dismissed. India Law Library Docid # 2400999
(944) MR. RAJESH KUMAR Vs. STAR HEATH AND ALLIED INSURANCE COMPANY LIMITED[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 2019 — Section 41 — Appeal against District Commission order — Enhancement of awarded amount with interest — Complainant filed appeal for enhancement of mediclaim amount awarded by District Commission. India Law Library Docid # 2401000
(945) VIJAY BHARGAVA Vs. UNION OF INDIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986, Section 19 Jurisdiction of Consumer Forum Railways Act, 1989, Section 124A, Section 123(c), Section 15 of Railway Claims Tribunal Act, 1987 Accidental falling of a passenger from a train carrying passengers falls under the definition of an 'untoward incident' as per Section 123(c)(2) of the Railways Act Claims arising from 'untoward incidents' are to be adjudicated by the Railway Claims Tribunal and not by Consumer Fora Consumer Fora lack jurisdiction to hear India Law Library Docid # 2400944
(946) NEW INDIA ASSURANCE CO. LTD. Vs. M/S. THE DESIGN SANGRAH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against Order of State Commission — Dismissal of Complaint — Claim for Fire/Perils Insurance — Assessment of Loss — Rejection of Surveyor's Report — Appointment of Second Surveyor/Investigator — Non-disclosure of Reasons — Arbitrary Rejection — Burden of Proof on Insurer — Fraudulent Claim Allegations — Whether State Commission erred in relying on first surveyor's report and rejecting second surveyor's report. India Law Library Docid # 2400945
(947) NIAKSHA THAKUR D/O SH. MANISH THAKUR AND OTHERS Vs. HDFC STANDARD LIFE INSURANCE COMPANY LIMITED AND OTHERS[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Insurance — Claims — Settlement — Life insurance policyholder died after two and a half years of taking the policy — Insurance company failed to provide evidence of pre-existing illness or concealment by the policyholder — Insurance company directed to settle the claim within 45 days. India Law Library Docid # 2400985
(948) RAMAKRISHNA HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. AND OTHERS Vs. VIJAYA M KANCHANAHALLI AND OTHERS[KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 2019 — Section 41 — Appeals — Dismissal of appeals against District Commission orders — Appellants, OP societies, argued that bye-laws barred members from claiming interest on deposited site value — Commission upheld District Commission's decision to award interest, finding that the OP societies' failure to develop the layout as promised invalidated this bye-law clause — Waiting indefinitely for development constitutes deficiency in service, justifying interest on deposi India Law Library Docid # 2400988
(949) M/S. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD. Vs. DIVISIONAL MANAGER, ORIENTAL INUSRNACE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 — Section 19 — Appeal Against State Commission Order — Dismissal of Complaint — Review of State Commission's decision regarding enforceability of discharge voucher. India Law Library Docid # 2400955
(950) COUNTRY CLUB (INDIA) LIMITED Vs. MR. VIJAY SEHGAL[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 2019 — Section 41(1) and Consumer Protection Act, 1986 — Section 15 — Application for Condonation of Delay — Proceedings initiated before the enactment of the Consumer Protection Act, 2019 are governed by the Consumer Protection Act, 1986 — New Act is prospective in nature — Cases pending or adjudicated before the commencement of the new Act continue to be governed by the old Act. India Law Library Docid # 2400965
(951) THIRTHANKAR SUPERSPECIALITY HOSPITAL AND OTHERS Vs. MANZOOR HUSSAIN NADEEM[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 Section 19 Appeal against State Commission order challenged order partly allowed complaint, directing payment of compensation, interest, and costs Case involves allegations of medical negligence. India Law Library Docid # 2400953
(952) ECGC INDIA LTD. (FORMERLY KNOWN AS EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LTD.) Vs. SAR AUTO PRODUCTS LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Delay in filing appeal — Condonation of delay — Delay of 51 days condoned in the interest of justice based on reasons provided. India Law Library Docid # 2400954
(953) ORIENT BELL LIMITED Vs. KANTA GOYAL, WIFE OF SH.SURINDER KUMAR AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 Section 12 Complaint filed by consumer District Commission partly allowed complaint, directing opposite parties to pay compensation and costs Appeal filed by one of the opposite parties. India Law Library Docid # 2400997
(954) ROYAL SUNDARAM GENERAL INSURANCE CO. LTD. Vs. RAJEEV KANT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited Scope — National Commission's powers are very limited and can only be exercised if the State Commission has exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact by lower Fora if based on appreciation of evidence. India Law Library Docid # 2400943
(955) NEW INDIAASSURANCE CO. AND OTHERS Vs. M/S LAYALPUR TRANSPORT CORPORATION RAINBOW MARKET, POLYTECHNIC CHOWK, AMBALA CITY AND OTHERS[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986/2019 Appeal against order of District Consumer Disputes Redressal Forum Delay in filing Condoned. India Law Library Docid # 2400976
(956) M/S MANN AND HUMMEL FILTER PVT. LTD. Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Insurance — Erection All Risk Policy — Claim for damaged Air Handling Units. India Law Library Docid # 2400960
(957) SURESH KUMAR Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Consumer Protection Act, 1986 Insurance Claim Repudiation Fraudulent Misrepresentation Complainant obtained an insurance policy based on a fake previous policy and false claim of No Claim Bonus (NCB) Insurer rightly repudiated the claim. India Law Library Docid # 2400977
(958) SMART ASSET SERVICES INDIA PRIVATE LIMITED AND OTHERS Vs. ANANTH PARIMI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Consumer Protection Act, 1986 Section 2(1)(d) Consumer Commercial purpose Onus on opposite party to prove commercial purpose Complainant's dominant intention was to acquire property, not profit from resale Supporting evidence from correspondence and options provided by service provider Failure of appellants to provide evidence of complainant dealing in real estate for profit. India Law Library Docid # 2400951
(959) YASH Vs. DR. AJIT SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Medical Negligence — Complainant tested HIV Negative by Respondent No. 2, but later diagnosed HIV Positive by PGIMS Rohtak and Dr. Lal Path Labs — Complainant died due to delayed treatment of HIV and Tuberculosis — District Forum awarded compensation against both respondents — State Commission held Respondent No. 2 liable for wrong diagnosis and enhanced compensation, but exonerated Respondent No. 1 as he treated based on report India Law Library Docid # 2400952
(960) GURDEEP SINGH Vs. DALJEET KUMAR S/O PRITAM AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 22-11-2023 Consumer Protection Act Sale of Used Vehicle Repair Costs The buyer of a 7-year-old used scooter claimed compensation for repair costs due to defects, alleging concealment of the vehicle's condition by the sellers. The appellate forum rejected this claim, stating that normal wear and tear is expected in old vehicles and the buyer should have been vigilant at the time of purchase. India Law Library Docid # 2400996