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(321) JAMANBHAI ARJANBHAI GHEDIA Vs. H.&R. JOHNSON (INDIA) LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-08-2024
Consumer Protection Act, 1986 Manufacturing Defect Deficiency in Service Complainant purchased vitrified tiles alleging manufacturing defect; supported by scientific test report from a reputable institute and testimony of the scientist who prepared it. District Commission relied on this evidence, finding defects in parameters. Opposite parties' evidence, including an affidavit from an official, was disbelieved due to lack of technical expertise and supporting reports.
India Law Library Docid # 2416972

(322) JITENDRA KUMAR Vs. LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 06-08-2024
Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Scope — Limited to examining illegality, material irregularity, or jurisdictional error in the State Commission's order.
India Law Library Docid # 2416973

(323) SHIV KUMAR Vs. MR. ROHIT GOSWAMI[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 05-08-2024
Consumer Protection Act, 1986 — Deficiency in Service — Substandard Seeds — Complainant failed to prove seeds were substandard through credible evidence — Horticultural report was unreliable due to procedural violations and lack of notice to the dealer.
India Law Library Docid # 2417707

(324) KISHOR V. PATIL AND ANOTHER Vs. M/S. MARVEL ZETA DEVELOPERS PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-08-2024
Consumer Protection Act, 1986 — Sections 2(1)(d), 2(1)(n), 12 — Complaint by purchasers of flats against developers for delayed possession, non-provision of amenities, and other reliefs. Held, the delay was caused by factors including government policy (demonetization), pandemic lockdown, illegal construction by complainants, and complaints filed by other buyers. Complainants were also found to be defaulters in payments. Awarded delay compensation at 6% per annum, acknowledging the partial respo
India Law Library Docid # 2416967

(325) AKSHAY DOSHI Vs. G. SUNDAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-08-2024
Consumer Protection Act, 1986 Deficiency in Service Builder's Obligation A builder accepting advance payment for a specific flat, issuing a receipt, but failing to execute a formal agreement to sell or hand over possession, constitutes a deficiency in service under the Consumer Protection Act, 1986.
India Law Library Docid # 2416968

(326) CENTRAL ACADEMY EDUCATIONAL SOCIETY AJMER THROUGH PRESIDENT SMT. SHOBHA SUMAN MISHRA Vs. M/S. JAIN CONSTRUCTION COMPANY THROUGH PARTNER AJAY KUMAR JAIN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2024
Consumer Protection Act, 1986 — Section 2(1)(d) defining 'Consumer' — Educational Institutions — Whether 'consumer' — An educational institution is not a 'consumer' if its activities are of a commercial nature, especially if it involves setting up industrial or technical institutions for profit-making by charging fees.
India Law Library Docid # 2416963

(327) UNION BANK OF INDIA Vs. MR. MUZAMMIL AND ANOTHER[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2024
Consumer Protection Act, 2019 — Section 41 — Appeal — Condontation of Delay — Sufficient Cause — Appellant failed to provide adequate justification for the significant delay in filing the appeal, relying on internal bureaucratic procedures and the general statement of court vacations, which were deemed insufficient to establish a "sufficient cause" as required by law.
India Law Library Docid # 2417703

(328) M/S. VATIKA LIMITED AND OTHERS Vs. DR. KHOZEM A DIVAN AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2024
Consumer Protection Act, 1986 — Sections 2(1)(d), 2(1)(g), 24A — Deficiency in service — Inordinate delay in possession — Allottee's right to refund — Delay in offering possession beyond a reasonable period, after receiving timely payments, constitutes a deficiency in service — Buyer can't be forced to wait indefinitely for possession — Failure to obtain Occupancy Certificate before offering possession is a breach of contract — Allottee is entitled to seek refund of deposited amount.
India Law Library Docid # 2416964

(329) BAIBHAB SUR Vs. SWAPAN SENGUPT AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2024
Consumer Protection Act, 1986 — Section 21(b) — Appeal against State Commission order — Delay condoned in interest of justice.
India Law Library Docid # 2416965

(330) VICE CHAIRMAN, LUCKNOW DEVELOPMENT AUTHORITY AND OTHERS Vs. ALOK SRIVASTAVA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2024
Consumer Protection Act, 1986 Deficiency in Service Development Authority's Liability A development authority allotted a house, received payments, but failed to complete construction and hand over possession. The authority attempted to refund the deposited amount after significant delay, citing contractor negligence. The consumer commission held the authority liable for deficiency in service and unfair trade practice. This established that public authorities, even non-profit entities, are not
India Law Library Docid # 2416966

(331) LATE SH. SURESH CHAND GUPTA THROUGH HIS LEGAL REPRESENTATIVES AND OTHERS Vs. NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2024
Limitation — Condonation of Delay — Consumer Protection Act, 1986 — Section 24A — Provision is peremptory, requiring complaints to be filed within two years from accrual of cause of action unless delay is condoned for sufficient cause recorded in writing — Consumer forums must take notice of and give effect to Section 24A — Failure to do so renders orders illegal and liable for setting aside — Delay must be explained with rational, reasonable, and realistic reasons.
India Law Library Docid # 2416962

(332) MR. MAHINDER SINGH Vs. M/S MAGMA LEASING LTD.[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2024
Consumer Protection Act, 1986 — Section 15 — Appeal — Limitation — Condonation of Delay — Sufficient Cause — Misplacement of file and delay in contacting counsel not considered sufficient cause for condoning delay in filing appeal due to lack of diligence and bonafide.
India Law Library Docid # 2417702

(333) VINOD KUMAR Vs. ROYALE EMPIRE AND OTHERS[CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2024
Consumer Protection — Deficiency in Service — Failure to deliver possession — Builder failed to deliver possession of a residential unit by the committed date despite the buyer paying the entire sale consideration — This constitutes a deficiency in service.
India Law Library Docid # 2417699

(334) MR. RAVI Vs. SARGAM INDIA ELECTRONICS PVT. LTD.[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2024
Consumer Protection Act, 2019 — Repeal and Saving — Consumer Protection Act, 1986 — Proceedings initiated under the old Act will continue under the old Act — The Consumer Protection Act, 2019 is prospective in nature — Matters pending or rights/obligations created before the implementation of the 2019 Act will be adjudicated under the 1986 Act.
India Law Library Docid # 2417701

(335) MOHAMED ABBAS Vs. UNION OF INDIA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024
CONSUMER PROTECTION ACT, 1986 — SECTIONS 2(1)(d), 22(A) — CONSUMER DISPUTE — EMPLOYEE OF RAILWAYS RECEIVING MEDICAL TREATMENT AT RAILWAY HOSPITAL — NOT A CONSUMER — MEDICAL TREATMENT PROVIDED AS A WELFARE MEASURE, NOT FOR MONETARY CONSIDERATION — LACK OF DEFICIENCY IN SERVICE — PETITIONER NOT ENTITLED TO INVOKE CONSUMER FORUM JURISDICTION.
India Law Library Docid # 2416449

(336) GURVINDER KAUR Vs. DR. BHARTI GUPTA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Delay in filing — Condoned — Revision Petition filed against State Commission's order setting aside District Forum's order which partly allowed consumer complaint — Delay of 4 days in filing revision petition was condoned.
India Law Library Docid # 2416450

(337) DR. AMBUJAKSHA SINHA MAHAPATRA AND ANOTHER Vs. AMALENDU BHATTACHARJEE[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition filed by OP-1 (Doctor) and OP-2 (Nursing Home) against the State Commission's order allowing the Complainant's appeal and setting aside the District Forum's order dismissing the complaint — State Commission found deficiency in service and medical negligence on the part of OP-1 for allegedly wrong diagnosis and treatment for acute pancreatitis, based on USG and MRCP reports, despite clinical symptoms — District Forum had dismissed
India Law Library Docid # 2416451

(338) STATE BANK OF INDIA AND OTHERS Vs. BIRESH CHANDRA GANGOPADHYAY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024
Consumer Protection Act, 2019 Section 51 Appeal against State Commission order Order partly allowing complainant's claim directing bank to reimburse unauthorized transactions with interest and compensation Appeal filed by the Bank.
India Law Library Docid # 2416452

(339) SREE KARUNA NURSING HOME & SCANNING CENTRE AND ANOTHER Vs. KAYALA TRINADHA SIVA SANKARA REDDY AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024
Consumer Protection Act, 1986 — Section 19 — Appeal against Order of State Commission — Delay in filing — Condonation — Delay of 21 days in filing appeal condoned based on reasons stated in application.
India Law Library Docid # 2416453

(340) AIR CANADA Vs. MINALI MITTAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-07-2024
Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Complainant booked return tickets with Jet Airways and Air Canada for journey from Chandigarh to Toronto — Faced issues: delay in boarding passes, locked washrooms emitting foul smell causing minor daughter to vomit, leading to deplaning, loss of luggage, distress and humiliation — State Commission allowed complaint for deficiency in service, unfair trade practices, and violation of human and child rights, aw
India Law Library Docid # 2416454