(981) RAGHUVEER SINGH AND OTHERS Vs. NARAYANA HRIDAYALAYA LTD. (NARAYANA MULTISPECIALTY HOSPITAL) AND 2 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-11-2023 Consumer Protection Act, 1986 — Medical Negligence — Duty of care — Hospital liability — Complainant sought treatment for toothache, underwent 14 surgeries, lost a leg, and suffered other severe complications due to alleged medical negligence during an angioplasty procedure. Held, a hospital is vicariously liable for the negligence of its doctors. India Law Library Docid # 2400780
(982) M/S. SHAKAMBARI POLYMERS PRIVATE LIMITED Vs. ORIENTAL INSURANCE CO. LTD. & 3 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-11-2023 Insurance Law Marine Cargo Policy Inland Transit Damage during unloading Insurer's repudiation Complaint allowed. India Law Library Docid # 2400777
(983) MAYA SHARMA AND 2 OTHERS Vs. RAJ HOSPITAL AND 3 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Medical Negligence — State Commission set aside District Forum order finding negligence, but National Commission found material irregularity in State Commission order and restored District Forum order. India Law Library Docid # 2400778
(984) NEW INDIAASSURANCE COMPANY LTD. Vs. M/S. N.R.H. CO.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-11-2023 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Jurisdiction — Review of State Commission and District Forum orders — Petitioner challenging orders that allowed insurance claims for damages to a building and stock due to heavy rain. India Law Library Docid # 2400779
(985) KHANNA PAPER MILLS LTD. Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-11-2023 Insurance Law Industrial All Risk Policy Repudiation of Claim Breach of Policy Terms Denial of Coverage Interpretation of Exclusion Clause Circumstances leading to damage of Industrial Steam Turbine Allegations of wear and tear versus accidental damage Admissibility of claim based on timely intimation and production of documents Surveyor's report and its evidentiary value Role of OEM technical report Significance of advance purchase of spare parts Unfair trade practice and deficiency India Law Library Docid # 2400776
(986) M/S EMPIRE HOME APPLIANCES LTD. Vs. NATIONAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-11-2023 Insurance Policy Standard Fire and Special Perils Policy Claim for goods destroyed by fire. India Law Library Docid # 2400775
(987) M/S. CLINIC NALLAM AND ANOTHER Vs. A. HELEN VICTORIA AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 1986 — Sections 2(1)(g), 14, 19, and Article 246 — Medical Negligence — Foreign Object Left in Patient — Appeal against partial allowance of complaint by State Commission. India Law Library Docid # 1882350
(988) MR. KRISHAN CHANDER MALIK Vs. STATE BANK OF INDIA THROUGH ITS REGIONAL MANGER AND OTHERS[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 1986 — Deficiency in Service — Leave Encashment — Complainant retired under Voluntary Retirement Scheme (VRS) and received leave encashment — Bank later debited the amount due to alleged discrepancy — Complainant filed a complaint for refund and damages claiming he was a consumer and bank had no right to withdraw the amount — Held, complainant's contention was not tenable in view of an undertaking given by him that if there was any discrepancy after payment, the bank cou India Law Library Docid # 2400578
(989) SAHARA HOSPITALITY LTD. Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Insurance Law — Interpretation of Policy Terms — Ambiguity — Contra Proferentem Rule — Where an insurance policy contains ambiguous terms, particularly regarding the definition of "storm," the rule of contra proferentem applies, meaning the ambiguity should be interpreted in favor of the insured. India Law Library Docid # 2400573
(990) UNITED INDIA INSURANCE CO. LTD. Vs. STERLITE POWER TRANSMISSION LIMITED[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 2019 Section 38(2)(a) Filing of Written Statement The law mandates that a written statement must be filed within 30 days of receiving the complaint, with a possible extension of 15 days at the discretion of the Commission if sufficient cause is shown. India Law Library Docid # 2400577
(991) J. NAGI REDDY MANAGING PARTNER, SRI MEENAKSHI BUILDERS AND DEVELOPERS Vs. RAVI SHANKAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 1986 — Section 19 — First Appeal — Consumer Complaint filed for refund of amount paid for a flat due to disputed land title — State Commission allowed the complaint directing refund with interest and litigation cost — Appellant challenged the order arguing complaint was time-barred, a civil dispute, and no deficiency in service — Appeal dismissed as builder was aware of title dispute and failed to disclose it to the complainant, constituting unfair trade practice and def India Law Library Docid # 2400572
(992) M/S. CLINIC NALLAM AND ANOTHER Vs. A. HELEN VICTORIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-11-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Medical Negligence — Foreign object left during surgery — Complaint filed within limitation period of knowledge of foreign object. India Law Library Docid # 2400574
(993) M/S. SWARNA MOTORS Vs. ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Consumer Protection Act, 1986; Section 21 — Complaint against repudiation of insurance claim — Fire incident — Complainant, a proprietorship firm, filed a claim under a Standard Fire and Special Perils Policy after a fire incident. The insurance company repudiated the claim based on the surveyor's report which assessed the loss at a much lower amount than claimed. The complainant challenged the repudiation on grounds of delay in claim settlement and error in the surveyor's report. The insurance India Law Library Docid # 1882333
(994) HDFC LIFE INSURANCE COMPANY LIMITED Vs. VIKRAMBHAI RANCHODDAS RANA[GUJARAT CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Consumer Protection Act, 1986 — Section 15 — Appeal against order allowing consumer complaint — Insurance claim rejection challenged — Insured failed to disclose pre-existing diabetes at the time of policy application — Medical records and discharge summary confirmed diabetes as a contributing factor in death — Insurance contract is based on utmost good faith — Suppression of material fact regarding health condition constitutes a breach of good faith — Insurance company has the right to cancel t India Law Library Docid # 2400579
(995) M/S. SWARNA MOTORS Vs. ORIENTAL INSURANCE COMPANY LIMITED AND 2 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Consumer Protection Act, 1986 — Section 21 — Insurance claim repudiation — Fire and Special Perils Policy — Complaint filed against repudiation of insurance claim for fire incident. India Law Library Docid # 2400566
(996) MONIKA DHINGRA AND OTHERS Vs. PIONEER URBAN LAND & INFRASTRUCTURE LIMITED AND 3 OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Consumer Protection Act, 1986 — Section 21(a)(i) — Jurisdiction of National Commission — Pecuniary Jurisdiction — Complaint admitted and proceeded to final arguments — Issue of pecuniary jurisdiction not to be reconsidered at final stage if principle reiterated by larger bench. India Law Library Docid # 2400567
(997) M/S. REDDY VEERANNA CONSTRUCTIONS PVT. LTD. Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Insurance Law Claims Construction Project Risk Insurance Repudiation Basis Cessation of Work Exclusion Burden of Proof Unprecedented Rains Farmers' Protest Work Progress Register Surveyor's Report Addendum to Survey Report Non-disclosure of Cessation Violation of Policy Conditions Burden of proof lies on the insurer to establish that the cessation of work occurred and that the loss was a direct consequence of it, to invoke the exclusion clause. The evidence on record, including a Wo India Law Library Docid # 2400568
(998) ANUBHAV SINGHAL AND ANOTHER Vs. M/S. RAHEJA DEVELOPERS LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Onus on opposite party to prove complainant is not a consumer — Bald statement without evidence is insufficient — Relationships between complainants not relevant to consumer status. India Law Library Docid # 2400569
(999) AVALON ROJECTS (A UNIT OF GRJ DISTRIBUTORS AND DEVELOPERS PVT. LTD.) Vs. NARENDER KUMAR GOYAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Consumer Protection Act, 1986 Section 2(1)(d) Consumer Allotment of flat for investment does not automatically disqualify individual from being a consumer if no evidence supports commercial purpose of purchase and sale of flats for profit. Burden of proof on developer to establish commercial intent. India Law Library Docid # 2400570
(1000) VIPUL MOTORS PVT. LTD. Vs. PADMINI JOSHI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Re-appreciation of evidence — Revisional jurisdiction is not for re-assessing or re-appreciating evidence when lower forums have concurrent findings of fact based on evidence — Interference is only permissible if findings are perverse or lower forums acted without jurisdiction — Perverse findings arise from evidence not produced, conjecture, surmises, or non-consideration of material evidence — Revisional power is limited to pri India Law Library Docid # 2400571