(261) RAJA GEMS Vs. UNITED INDIA INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Insurance Policy — Special Contingency Insurance Policy — Breach of Warranty — Insured's obligations — Insurer discharged from liability for non-compliance with policy terms. India Law Library Docid # 2419326
(262) DILIP KUMAR CHATURVEDI Vs. UNION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Protection Act, 2019 Section 58(1)(b) Revision Petition Against State Commission order quashing District Forum order. India Law Library Docid # 2419327
(263) DHIRAJ KAUSHIK Vs. ANEJA HOSPITAL & NURSING HOME AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Protection Act, 1986 — Sections 2(1)(g), 21(b) — Deficiency in Service — Medical Negligence — Gall Bladder Stone Operation — Complainant alleged non-removal of gall bladder despite surgery and payment — Opposite party hospital claimed successful removal and no issues for three years — State Commission set aside District Commission's order finding deficiency in service — High Court upheld State Commission's decision, dismissing the revision petition filed by the complainant. India Law Library Docid # 2419328
(264) ORIENTAL INSURANCE CO. LTD. Vs. IMRAN ASHRAF[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisionary Jurisdiction — Concurrent Findings of Lower Forums — Scope of — While generally bound by concurrent findings, Court can interfere if there's a perversity or if a strict interpretation of policy terms unjustly penalizes the insured. India Law Library Docid # 2419329
(265) SPICEJET LTD. Vs. MONIL MODI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited scope — National Commission's revisional power is restricted to cases where State Commission exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally or with material irregularity. India Law Library Docid # 2419330
(266) M/S. BAJAJ ALLIANZ LIFE INSURANCE COMPANY LIMITED Vs. ANJU KUMARI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 14-10-2024 Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — National Commission's powers limited to jurisdictional error, not re-appreciation of facts — Concurrent findings of fact by District Forum and State Commission generally not to be interfered with unless illegal or irregular exercise of jurisdiction. India Law Library Docid # 2419331
(267) M/S MOHAN MINES PVT. LTD Vs. M/S. UNITED INDIA INSURANCE COMPANY LTD AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2024 Insurance Law — Standard Fire and Special Perils (SFSP) Policy — Location Specificity — Repudiation of Claim — A Standard Fire and Special Perils policy is location-specific, and a claim is not admissible if the damage occurs at a location not covered by the policy. India Law Library Docid # 2419319
(268) SONI BHARTI Vs. DR. PRABHA SINHA OF MANAS AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission's order dismissing complaint — Delay condoned — Interest of justice. India Law Library Docid # 2419309
(269) ROHIT CHARAN AND ANOTHER Vs. RAJENDRA SINGH KANDHAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Protection Act, 1986 Jurisdiction Consumer is a person who hires or avails of the services for consideration Hospital and doctor providing medical services are considered to be service providers and patients are consumers. India Law Library Docid # 2419310
(270) UNITED INDIA INSURANCE CO. LTD. AND ANOTHER Vs. RAGHAVA ISPAT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Protection Act, 1986 — Section 19 — First Appeal — Delay Condonation — Delay of 179 days in filing the appeal was condoned in the interest of justice based on the reasons stated in the application. India Law Library Docid # 2419311
(271) IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. Vs. SHANKAR LAL YOGI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Consumer Disputes Redressal Commission — Insurance claim — Repudiation of claim under policy condition for false statements and omission of information — Allegation of staged accident and arson by insured — Forensic report relied upon by insurer suggesting fire initiated extraneously — Insured claiming accident due to falling into ditch and subsequent fire — Dispute over cause of fire and compliance with policy terms. India Law Library Docid # 2419312
(272) BHATTACHARJEE ENTERPRISE Vs. AJAY PRASAD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Protection Act, 1986 — Section 19 — Appeal to National Commission — Order of State Commission challenged — Consumer complaint allowed by State Commission against developer, ex parte against others — Developer appeals decree. India Law Library Docid # 2419313
(273) BELUR SRAMAJIBI SWASTHYA PRAKALAPA SAMITY Vs. BLUE STAR LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of Consumer — Commercial Purpose — Whether a charitable hospital purchasing a CT scanner for diagnostic services, even with nominal fees, qualifies as a commercial purpose — Held, yes, as the services are rendered for a charge and the equipment is used for business operations rather than self-employment for livelihood — Relying on Supreme Court judgments that such use falls under commercial purpose, therefore, the entity is not a consu India Law Library Docid # 2419314
(274) UNITED INDIA INSURANCE COMPANY LIMITED Vs. M/S. CORE GREEN SUGARS & FUELS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Protection Act, 2019 — Section 19 — Appeal against order of State Commission — Delay Condonation — Delay of 60 days in filing appeal condoned in the interest of justice. India Law Library Docid # 2419315
(275) MATA CHANAN DEVI HOSPITAL Vs. SAJJAN SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 CONSUMER PROTECTION ACT, 1986 SECTION 19 APPEAL TO NATIONAL COMMISSION CHALLENGE TO STATE COMMISSION ORDER PARTLY ALLOWING COMPLAINT AGAINST HOSPITAL FOR ALLEGED MEDICAL NEGLIGENCE. APPEAL FILED UNDER SECTION 19 OF CONSUMER PROTECTION ACT, 1986. India Law Library Docid # 2419316
(276) PRIYANKA OVERSEAS PVT. LTD. Vs. ORIENTAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Protection Act, 1986 — Appeal — First appeal challenging order of State Commission rejecting complaint — Court heard arguments and considered material on record. India Law Library Docid # 2419317
(277) M/S HDFC STANDARD LIFE INSURANCE COMPANY LTD Vs. MRS GANGINENI VASUNDHARA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order allowing consumer complaint and directing insurance company to pay claim amount — Issue of repudiation of life insurance claim on grounds of non-disclosure of previous policies — Appellant insurance company's contention that deceased life assured (DLA) failed to disclose existence of prior policies in proposal form, violating doctrine of ubberima fidei — Respondent's contention that relevant column in proposal for India Law Library Docid # 2419318
(278) BAJAJ ALLIANZ LIFE INSURANCE COMPANY LIMITED Vs. KAMUBEN ARVINDBHAI PATNI W/O LATE ARVIND BABUBHAI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2024 Consumer Protection Act, 2019 — Section 69 (Corresponding to Section 24A of Consumer Protection Act, 1986) — Limitation — Condonation of Delay — The Consumer Protection Act has specific limitation periods for filing complaints, appeals, and revisions, aiming for expeditious adjudication of consumer disputes. These periods, when prescribed by statute, must be applied with rigor, even if they cause hardship to a party. India Law Library Docid # 2419307
(279) PIYUSH PRIYADARSHAN DASH Vs. KANHU CHARAN NAIK[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2024 Consumer Protection Act, 2019 — Section 41 — Appeal against order of District Commission — Mandatory deposit of 50% of awarded amount — State Commission's duty to entertain appeal — The appeal will not be entertained by the State Commission unless the appellant has deposited fifty per cent of the total amount ordered by the District Commission to be paid, which includes amounts payable to the complainant and any other fund as directed by the District Commission. India Law Library Docid # 2419308
(280) ANGAD SINGH KOHLI Vs. GREATER MOHALI AREA DEVELOPMENT AUTHORITY[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2024 Consumer Protection Act, 1986 — Section 21(a)(i) — Deficiency in service, unfair trade practice — Housing project — Delayed possession — Complainant applied for residential apartment and paid substantial amount — Possession was promised within 36 months but was delayed by more than two years — Complainant sought refund of amount before actual offer of possession — Opposite Party forfeited 10% of sale consideration and imposed penal interest — Held, delay in possession entitles complainant to ref India Law Library Docid # 2419377