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(501) STANDARD CHARTERED BANK Vs. DR. VINOD KUMAR BHALLA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Grounds for interference — Interference by the National Commission in revision is limited to cases where there is a jurisdictional error or a perversity in the findings of the lower forums. India Law Library Docid # 2413991
(502) M/S. WORLDWIDE IMMIGRATION CONSULTANCY SERVICES LTD. Vs. SUDHA BABBAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-04-2024 Consumer Protection Act, 1986, Section 21(b) — Revision Petition — Grounds for interference — State Commission empowered to set aside orders of District Forum — Petitioner argued State Commission exceeded jurisdiction and relief awarded was beyond scope of Act — Held, Petitioner's challenge primarily revolves around interpretation of contractual terms and liability for payments made to associated entities — These are matters within the purview of consumer forums. India Law Library Docid # 2413992
(503) SANJAY FOODS INDIA PVT. LTD. Vs. UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Dismissal of complaint — Insurance claim — Standard Fire and Special Perils Policy — Contention that fire was caused by short circuit versus spontaneous combustion. India Law Library Docid # 2413798
(504) NATIONAL INSURANCE CO. LTD. Vs. MEGHANA (BIO-TECH) TISSUE CULTURE NURSERY REPRESENTED BY ITS PARTNERS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Insurance claim — Repudiation of claim for loss of tissue culture due to AC failure and temperature rise — Policy covered fire and special perils — Exclusions for change in temperature and electrical apparatus damage — Surveyor report stated loss not due to fire, but AC panel failure from voltage fluctuation — State Commission allowed claim citing proximate cause of "burning" due to increased temperature, interp India Law Library Docid # 2413799
(505) AVIVA LIFE INSURANCE CO. INDIA LTD. Vs. KARIYAPPA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Insurance Act — Section 45 — Material facts — Duty of disclosure — Contract of insurance is a contract of utmost good faith (uberrimae fidei) — Insured has an obligation to make a true and full disclosure of information within their knowledge — It is not for the proposer to decide what is material — Failure to disclose material facts known to the applicant entitles the insurer to repudiate the claim. India Law Library Docid # 2413800
(506) EKKORI DAS S/O. LATE HRISHIKESH DAS Vs. SODIPTO CHATTERJEE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Sale of flat — Non-execution of Deed of Conveyance — Landlord's dispute with developer — Held, dispute between landlord and developer cannot be used to avoid obligations to home buyers. India Law Library Docid # 2413801
(507) NEW INDIA ASSURANCE CO. LTD. Vs. M/S MADHAV AUTOMOTIVE FASTENERS PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 17 — Appeal against order of State Commission — Insurance claim dispute — Fire policy — Surveyor's report — Dispute over deductions made by surveyor — Failure to provide surveyor's report to claimant — Unfair trade practice — Dismissal of appeal with modifications. India Law Library Docid # 2413802
(508) UNITED INDIA INSURANCE CO. LTD. Vs. RAJESH KUMAR G. PATEL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 24 A — Limitation — Condonation of delay — Grounds for condonation must be sufficient, adequate, and prevent the party from approaching the court within the stipulated period — Mere administrative delays, general, or vague reasons are not sufficient — Delay in filing an appeal against a consumer forum order, if not properly explained with sufficient cause, will lead to dismissal of the appeal. India Law Library Docid # 2413803
(509) M/S. SAPTAGIRI COTTON INDUSTRIES REP. BY ITS MANAGING PARTNER, MR.BUKKA RAMESH, M/S.SAPTAGIRI COTTON INDUSTRIES AND OTHERS Vs. UNITED INDIA INSURANCE COMPANY LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 Section 19 Appeal against State Commission order Court upheld State Commission's dismissal of complaint. India Law Library Docid # 2413804
(510) M/S. YASH AGENCIES THOUGH ITS PROPRIETOR AMIT BULANI Vs. NEW INDIA ASSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-04-2024 Consumer Protection Act, 1986 — Section 19 (Appeal) and Section 24A (Limitation) — Appeal against State Commission order dismissing complaint as barred by limitation — held, State Commission correctly dismissed complaint as limitation period expired — Mere correspondence does not extend limitation period. India Law Library Docid # 2413805
(511) PUNJAB NATIONAL BANK AND OTHER Vs. RISHABH WINPRO PRIVATE LIMITED[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Consumer Protection Act, 2019 — Section 47(1)(b) — Revision Petition — Competent to direct production of documents — However, conditions apply — The revision petition is against an order directing the production of original sale deeds used as mortgage. India Law Library Docid # 2403818
(512) SKS ISPAT AND POWER LIMITED AND OTHERS Vs. CHAIRMAN CUM MANAGING DIRECTOR, NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Insurance Law — Standard Fire and Special Perils Policy — Claim for loss due to spontaneous combustion of coal — Burden of proof on claimant to establish genuineness of claim and cause of loss — Claimant failed to provide sufficient evidence to prove spontaneous combustion and quantum of loss — State Commission's dismissal of complaint upheld. India Law Library Docid # 2413808
(513) LIFE INSURANCE CORPORATION OF INDIA Vs. KAILASH KANUGO[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revision Petition — Delay in filing — Condonation of delay — Delay condoned based on reasons stated in application. India Law Library Docid # 2413806
(514) MAHINDRA & MAHINDRA LIMITED Vs. MANOJ KUMAR SHARMA AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 05-04-2024 Consumer Protection Act, 2019 — Section 58(1)(b) — Revisionary Jurisdiction — Limited scope — Proper exercise of jurisdiction by lower forums — No illegality, material irregularity or jurisdictional error found — Interference not warranted. India Law Library Docid # 2413807
(515) SAMSUNG INDIA ELECTRONICS PVT. LTD. Vs. SMT. DIKSHA SINGH AND OTHER[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Consumer Protection Act, 2019 — Deficiency in Service — Burden of Proof — Consumer must provide expert or technical report to establish manufacturing defect when it cannot be determined without analysis or testing of goods. India Law Library Docid # 2403817
(516) ARVIND RAJPAL JADAV Vs. CHARUDATTA VASANTRAO TULJAPURKAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Consumer Protection Act, 1986, Section 21(b) — Revision Jurisdiction — Limited scope — Exercise only if jurisdictional error — National Commission can only interfere if State Commission acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity. India Law Library Docid # 2413809
(517) INDIAN FARMERS FERTILIZERS CO-OPERATIVE LTD. (IFFCO) AND OTHERS Vs. BALWANT SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Guar seeds purchased for cultivation as a commercial crop do not fall under the definition of consumer, hence no consumer dispute arises. India Law Library Docid # 2413810
(518) SUSHIL KUMAR MARWAH Vs. NPCL COMMERCIAL COMPLEX[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of Consumer — Industrial/Commercial Use — Electricity supply obtained for factory/industrial unit for manufacturing purposes does not qualify the user as a 'consumer' under the Act, barring them from filing a complaint before consumer forums. India Law Library Docid # 2413811
(519) M.R. SOOD AND OTHERS Vs. PIONEER TOYOTA THROUGH MANAGER, AUTH. DEALER: EM PEE MOTORS LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-04-2024 Consumer Protection Act, 1986 Deficiency in service Unfair trade practice Compensation Complaint filed for compensation for accidental death, unfair trade practice, loss of love and affection, and medical expenses Held, no manufacturing defect in car or airbag system proved Accident caused by rash and negligent driving of truck Expert report indicated car went under truck in an angular under-run, not a severe frontal crash, hence airbags did not deploy Owner's manual specified frontal ai India Law Library Docid # 2413812
(520) LIFE INSURANCE CORPORATION OF INDIA Vs. BRIJENDRA KUMAR TYAGI[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-04-2024 Consumer Protection Act, 2019 — Section 51 — Appeal against State Commission order — Jurisdiction of appellate authority — Appellant filed first appeal against order of State Consumer Disputes Redressal Commission. India Law Library Docid # 2413813