(221) BINOD KUMAR YADAV Vs. SAMRAT AUTOMOBILES PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 CONSUMER PROTECTION ACT, 1986 SECTION 21(B) REVISION PETITION SCOPE OF Appeals against District Forum and State Commission orders regarding vehicle repossession and deficiency in service National Commission's role in revision. India Law Library Docid # 2420365
(222) VASANTIBEN ALIAS VARSHABEN LAXMAN DAFADA Vs. BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Delay Condonation — Delay in filing petition condoned based on reasons stated in the application. India Law Library Docid # 2420366
(223) SWARNA KAUR Vs. SBI LIFE INSURANCE COMPANY LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Insurance — Repudiation of claim for non-disclosure of material facts — Appeal allowed by State Commission dismissing complaint — Petitioner filed revision petition against State Commission's order — Held, insurer rightly repudiated claim due to non-disclosure of drug addiction treatment as it is a material fact which affects the risk. India Law Library Docid # 2420367
(224) UNITED INDIA INSURANCE COMPANY LTD Vs. MANHARLAL G. MODI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 Consumer Protection Act, 1986 — Money Insurance Policy — Interpretation of terms — Claim repudiation — Interpretation of policy terms and conditions is crucial for determining insurer's liability — Policies are to be read as a whole, and specific clauses, including exclusions, must be strictly construed — Complainant sought claim under Money Insurance Policy for loss of cash during transit — Insurer repudiated claim citing policy excluded transit from Daman and use of motorcycle — Lower consumer India Law Library Docid # 2420368
(225) M/S. MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD. Vs. SEVAKRAM BHUJANGRAO ZOD AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-11-2024 Consumer Protection Act, 1986 — Deficiency in Service — Vehicle Repossession — Finance company seized the complainant's vehicle for overdue loan installments. The lower forums found that the company failed to issue a proper notice with a seven-day grace period before repossession, as required by the loan agreement, thus constituting a deficiency in service. The revision petition challenged these findings. India Law Library Docid # 2420369
(226) FORTIS HEALTH CARE (INDIA) LTD. (PRESENTLY FORTIS HEALTH CARE LTD.) AND OTHERS Vs. MEDICAL SUPERINTENDENT FORTIS ESCORT HOSPITAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission's order — Medical Negligence — Death of son following surgery — Compensation awarded — Appellants challenging the order — Court to decide on merits. India Law Library Docid # 2420354
(227) ECGC OF INDIA LTD. Vs. BLOSSOM GROCERY & FOODS INDIA PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission's Order — Delayed filing — Condonation of short delay in filing appeal in the interest of justice. India Law Library Docid # 2420355
(228) LATE MOHAN S. KALE (SINCE DECEASED) MRS. CHHAYA MOHAN KALA REP. THROUGH HIS LRs. SAHYADRI AND OTHERS Vs. HILLARI VICTOR D'SOUZA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Delay in filing — Condoned in the interest of justice due to sufficient reasons. India Law Library Docid # 2420356
(229) MAHIPAL CHAUDHARY Vs. MAX BUPA HEALTH INSURANCE CO. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-11-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope — National Consumer Disputes Redressal Commission can only interfere with orders of State Commission if they suffer from material irregularity and cannot be sustained. India Law Library Docid # 2420357
(230) SHER SINGH Vs. KOTAK MAHINDRA BANK LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Protection Act, 1986, Section 21(b) — Revisionary Jurisdiction — Limited scope — National Commission can interfere only if State Commission exceeded its jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact based on evidence appreciation. India Law Library Docid # 2420352
(231) VEENA JAIN Vs. COUNTRY COLONISERS PRIVATE LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Protection Act, 2019 Section 69 Limitation for filing complaint Cause of action can be considered continuous until possession is delivered or possession is offered with Occupancy Certificate Inordinate delay in offering possession gives the allottee the right to seek a refund. India Law Library Docid # 2420353
(232) KRISHAN SETH Vs. M/S VISHAL INTERNATIONAL HOTEL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Protection Act, 1986 — Deficiency in Service — Negligence — Hotel liability — Drowning incident in swimming pool — Accidental death due to drowning can give rise to a claim for deficiency in service, even if not proven for criminal negligence. India Law Library Docid # 2420350
(233) RADHIKA KAMBLE Vs. DR. MAHAJAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-11-2024 Consumer Protection Act, 1986 — Sections 2(1)(g), 21(a)(ii) — Medical Negligence — Compensation — Appeal Against State Commission Order — Doctor's qualifications and experience — Failure to conduct tests — Delayed diagnosis — Deterioration of patient — Shifting to another hospital — Whether constitutes negligence — Aggravation of condition due to delayed action — Court's finding on negligence. India Law Library Docid # 2420351
(234) DEPUTY DIRECTOR, COFFEE BOARD Vs. K.A. ROY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-11-2024 Consumer Protection Act, 1986 — Jurisdiction of Consumer Forum — Government relief packages — Coffee Debt Relief Package (CDRP) did not constitute a service provided for consideration, thus Consumer Forum lacked jurisdiction. India Law Library Docid # 2420349
(235) M/S. VENKATESHWARA BANANA RIPENING UNIT Vs. M/S. SBI GENERAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-10-2024 Consumer Protection Act, 1986 — Sections 21(a)(i), 17 — Deficiency in service — Insurance claim — Fire — The complaint was filed alleging deficiency in service by the insurance company for delayed and partial settlement of claims following a fire incident that damaged the complainant's banana ripening unit, stocks, and machinery. India Law Library Docid # 2420348
(236) BANK OF INDIA Vs. RAMJI LAL AND OTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-10-2024 Restoration of Petitions Delay in filing Court condoned delay in filing applications for restoration of revision petitions that were dismissed for non-prosecution, allowing the matter to be decided on merits. India Law Library Docid # 2420346
(237) NATIONAL INSURNACE COMPANY LTD. Vs. SHARVAN KUMAR JAIN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-10-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Scope — Interference only if State Commission exceeded jurisdiction, abstained from exercising jurisdiction, committed patent illegality, or material irregularity — No such grounds found in present case. India Law Library Docid # 2420347
(238) LAKSHMAIAH Vs. MAN SINGH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Protection Act, 1986 — Section 2(1)(g) and 2(1)(d) — Deficiency in service — Negligence of service provider — Complainant's son hired an accommodation with an air conditioner that needed repairs. Services were availed from Opposite Party No. 2 for servicing. During the repair, a blast occurred, resulting in the death of the complainant's son and a mechanic. The complainant filed a complaint alleging negligence against the service provider. India Law Library Docid # 2420342
(239) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. RANDI MAHALAXMI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Insurance Law Repudiation of Claim Pre-existing Disease Burden of Proof Insurer's duty to provide information and explain policy terms. India Law Library Docid # 2420343
(240) TATA MOTORS LTD. Vs. JOGENDER SHARMA THROUGH LRS. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-10-2024 Consumer Protection Act, 1986 Section 17 & 21 Revisional Power of National Commission Limited jurisdiction to interfere with concurrent findings of fact of lower forums unless patent illegality, material irregularity or jurisdictional error exists. National Commission cannot re-examine facts as an appellate court. India Law Library Docid # 2420344