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(401) RATNA GANGULY AND ANOTHER Vs. RAMAKRISHNA MISSION SEVA PATHISHTHAN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-06-2024
Consumer Protection Act, 1986 — Section 21(a)(i) — Complaint Maintainability — Service Charge — Complaint is maintainable if payment was made for drugs and disposables, even if the hospital is charitable or free.
India Law Library Docid # 2415668

(402) TAIPEN TRADERS LTD. AND ANOTHER Vs. M/S. BHAWANI COLD STORAGE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024
Consumer Protection Act, 1986/2019 Revision Petition Delay Condonation by Supreme Court Re-admission of case.
India Law Library Docid # 2415640

(403) GHANSI Vs. UNITED INDIA INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024
Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Scope of — Revisional jurisdiction is limited to cases where State Commission exceeded its powers, failed to exercise its powers, or acted illegally or with material irregularity — Cannot interfere with concurrent findings of fact reached by lower Fora based on evidence appreciation.
India Law Library Docid # 2415641

(404) HRIDAYLAL SAHU AND OTHERS Vs. DR. ROSHAN UPADHYAY AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024
Consumer Protection Act, 1986 — Section 19 — Appeal against order of State Commission — Dismissal of complaint against OPs for medical negligence — Appellant's contention of pre-operative analysis and procedures not conducted, OP-1 not being a surgeon and lacking authorization, inadequate consent, gross negligence resulting in spread of cancer and delayed referral — Reiteration of case facts and grounds of appeal — State Commission's observation regarding medical board incorrect — Documents pres
India Law Library Docid # 2415642

(405) ORIENTAL INSURANCE CO. LTD AND OTHER Vs. M/S PATHAK WATCHES AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024
Consumer Protection Act — Condonation of Delay — Sufficient Cause — The court must be satisfied that the appellant acted with reasonable diligence and was prevented by a sufficient cause from prosecuting the case, and that the delay was not due to negligence or lack of bona fide.
India Law Library Docid # 2415643

(406) FAUJA SINGH AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024
Consumer Protection Act, 1986, Section 21(b) — Revision Petition — State Commission's order — Upheld — Insurance claim repudiation — Breach of policy condition — Ignorance of facts by District Forum — Dismissal of Revision Petition.
India Law Library Docid # 2415670

(407) S.P. SINGH YADAV Vs. NATIONAL INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024
Consumer Protection Act, 1986 Revision Petition Jurisdiction of National Commission Limited to interference only when 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 forums unless illegal or arbitrary.
India Law Library Docid # 2415671

(408) EASTERN RAILWAY AND ANOTHER Vs. NAUSHAD KHAN[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024
Consumer Protection Act, 1986 — Applicability — Consumer dispute — Theft of luggage in train — Whether deficiency in service — Held, deficiency in service arises if Railway fails to provide safety and security to passengers and their belongings, despite collecting charges.
India Law Library Docid # 2415672

(409) M/S. EMTEX MACHINERY PVT. LTD. Vs. M/S. M.I.C ENGINEERS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — State Commission reduced compensation and affirmed rest of District Forum order — Petitioner filed revision petition arguing inadequacy of evidence for manufacturing defect.
India Law Library Docid # 2415673

(410) PARAS HOSPITAL Vs. RISHI KUMAR JAIN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-06-2024
Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Limited Jurisdiction — Concurrent findings of fact by lower fora require respect in revision unless shown to be erroneous or based on misinterpretation of law or evidence.
India Law Library Docid # 2415674

(411) GHAZIABAD DEVELOPMENT AUTHORITY Vs. VIJAY GAUTAM[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-06-2024
Consumer Protection Act, 1986 Deficiency in Service Allotment of Plot Cancellation Delay in payment of installments and transfer fee by allottee Authority justified in cancelling allotment after issuing notice and providing opportunities.
India Law Library Docid # 2415644

(412) MR. HARIKISHAN S. VIRMANI AND OTHERS Vs. M/S. VAIDEHI AKASH HOUSING PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-06-2024
Consumer Protection Act, 2019, Section 69 Limitation Period Complaint not admitted if filed beyond two years from cause of action, unless sufficient cause shown for delay.
India Law Library Docid # 2415645

(413) BHARAT S. SHAH AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-06-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Order of State Commission set aside — Order of District Forum restored.
India Law Library Docid # 2415646

(414) DR. NILESH Vs. RACHNA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-06-2024
Consumer Protection Act, 1986 Section 2(1)(d) Consumer Definition Medical expenses Compensation for medical expenses incurred by a father for his daughter's treatment Daughter is the consumer as she availed medical services Father is not a consumer in this context Compensation for expenses should be claimed by the daughter.
India Law Library Docid # 2415647

(415) SHYAM KUMAR Vs. BHARTI AIRTEL LTD AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-06-2024
Consumer Protection Act, 1986, Section 11(2) — Territorial Jurisdiction — Interpretation of — Complaint maintainable in district where opposite party carries on business or has a branch office, or where cause of action arose, wholly or in part — National telecom provider with nationwide presence — Complainant, an army personnel posted in a particular location — Significant hardship to pursue complaint in distant jurisdiction — Convenience of complainant considered for substantial justice.
India Law Library Docid # 2415648

(416) ADITYA BIRLA SUN LIFE INSURANCE CO. LTD. Vs. MS. ANITA DAHIYA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-06-2024
CONSUMER PROTECTION ACT, 2019 — SECTION 58(1)(b) — REVISION PETITION — SCOPE OF REVISIONAL JURISDICTION — REVISIONAL JURISDICTION IS LIMITED AND EXERCISED ONLY WHEN STATE COMMISSION ACTED WITHOUT JURISDICTION, FAILED TO EXERCISE JURISDICTION OR ACTED ILLEGALLY/MATERIALLY IRREGULARLY — CONCURRENT FINDINGS OF FACT BY FORUMS BELOW NOT TO BE INTERFERED WITH UNLESS WHOLLY PERVERSE OR AGAINST LAW/PLeadings/EVIDENCE.
India Law Library Docid # 2415649

(417) MARUTI SUZUKI INDIA LIMITED AND OTHERS Vs. HENRY D'SOUZA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-06-2024
Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Appeal against State Commission order — Consumer complaint regarding vehicle defects — Petitioner challenged orders of State and District Commissions upholding the complaint.
India Law Library Docid # 2415650

(418) TATA MOTORS LTD. AND ANOTHER Vs. RAMKUMAR VERMA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-05-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Limited Jurisdiction — The National Commission's revisional jurisdiction is very limited and should only be exercised when the State Commission has exercised a jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity.
India Law Library Docid # 2415651

(419) AJAY KUMAR JAYASWAL AND OTHERS Vs. FUTURE GENERALI INDIA LIFE INSURANCE COMPANY LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-05-2024
Consumer Protection Act, 1986 Section 21(b) Revisionary Jurisdiction Scope is limited to cases where 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 based on appreciation of evidence.
India Law Library Docid # 2415652

(420) RANDHIR SINGH Vs. M/S. MAHARAJAAUTO WHEELS (P) LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-05-2024
Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Jurisdiction — Revision petition filed against State Commission's order modifying District Forum's order — Issue whether defects in car constituted manufacturing defects — Court examined pleadings, documentary evidence and orders of both fora.
India Law Library Docid # 2415653