(661) DR. H.B. M. PANTH Vs. ASKARI HUSSAIN AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-01-2024 Consumer Protection Act, 1986 — Sections 2(1)(d), 12 — Medical Negligence — Deficiency in Service — Elements of medical negligence (4 Ds) — Duty, Dereliction, Direct Causation, Damages — Burden of proof — Doctor-patient relationship — Failure to prove doctor-patient relationship and duty of care — Lack of essential medical records (anaesthesia record, OT register, delivery register, nursing notes) — Unsubstantiated allegations — Hearsay evidence — Presumption and conjecture against doctors — Med India Law Library Docid # 2401609
(662) VIRENDRA AGRAWAL AND OTHERS Vs. NEEPA REAL ESTATES PVT. LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-01-2024 RERA, Property Law Flat booking agreement Super built-up area vs. Carpet area Burden of proof Developer failed to provide initial allotment letter Ledger account showed super built-up area Demand for increased carpet area unjustified and quashed Refund of amount paid under protest with interest. India Law Library Docid # 2401608
(663) BHAJAN BHAGWANT SINGH Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Insurance Policy — Claim Denial — Scope of interference with lower Fora's findings. India Law Library Docid # 2401607
(664) A.C. DHARMADEVI Vs. INDIAN BANK AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-01-2024 Consumer Protection Act, 1986 — Section 2(1)(d)(ii) — Consumer — Commercial Purpose — Exclusion of — Amendment — Loan for running a business — Held not for earning livelihood by self-employment — Hence, excluded from definition of consumer. India Law Library Docid # 2401610
(665) M/S. PREMIUM ACRES INFRATECH PVT. LTD. AND OTHERS Vs. RAVINDER SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-01-2024 Consumer Protection Act, 1986 Section 19 Appeal against State Commission order directing possession and compensation Where buyer paid full amount but was denied possession due to alleged outstanding dues claimed by builder, and re-possessed by builder despite buyer performing house warming ceremony and offering to pay remaining dues as per State Commission's order, this constitutes deficiency in service. India Law Library Docid # 2401611
(666) UNITED INDIA INSURANCE CO. LTD. Vs. KEHAR SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Insurance Company challenging order allowing consumer claim — Factual background involves vehicle theft, delayed police FIR, repudiation of claim by insurer due to delayed intimation and classification as criminal breach of trust, and subsequent court-directed FIR leading to untraced report — District Forum and State Commission partly allowed the claim. India Law Library Docid # 2401605
(667) MUKESH G. DHAKAN Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Insurance Law — Jeweller's Block Insurance Policy — Claim repudiation — Fire incident causing alleged loss of gold — Complainant failed to establish actual loss — Insurance Company repudiated claim based on surveyor's report citing lack of documentary evidence for stock, inconsistent statements, and improbable theories of gold melting and washing away — State Commission dismissed complaint, holding that complex facts required civil court intervention — Appeal dismissed as complainant could not s India Law Library Docid # 2401615
(668) RAM TIRATH GUPTA Vs. M/S. V.N. SHARMA BUILDERS PRIVATE LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeals — Cross appeals filed against State Commission's order partially allowing consumer complaint — One appeal for enhancement of compensation, other to set aside the order. India Law Library Docid # 2401616
(669) M/S TATA METALIKS LIMITED, TATA CENTRE Vs. CHAIRMAN CUM MANAGING DIRECTOR, NATIONAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Marine Insurance Open Cover Policy Repudiation of Claim The complainant sought marine transit insurance for cargo from Australia to India. The policy covered transit from any port in the world to specified plant sites in India via vessel, road, or rail. A specific consignment of coal was discharged at Paradip Port, India. Subsequently, a cyclone caused damage to the coal while it was stored on a plot of land near the jetty. The insurance company repudiated the claim, arguing that the coverage India Law Library Docid # 2401617
(670) AMIT GUPTA AND ANOTHER Vs. M/S. BPTP LIMITED AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — Consumer — Onus of proof — The burden to prove that a complainant is engaged in the business of real estate and buying and selling property lies on the opposite party (developer), and this burden must be discharged with evidence. India Law Library Docid # 2401618
(671) VIVEK DODA AND ANOTHER Vs. ESTATE OFFICER, GMADA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986, Section 2(1)(d) and Section 12(a) — Complaint filed against statutory development authority for deficiency in service and unfair trade practice regarding plot purchased in public auction — Complaint dismissed — A person purchasing a plot in a public auction, especially on an 'as is where is basis', is not considered a 'consumer' under the Act, and the development authority is not a 'service provider' in such a scenario — Consequently, consumer forums lack jurisdict India Law Library Docid # 2401619
(672) BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. M.M. KNITWEARS PVT. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission's order — Delay in filing appeal — Condonation of delay — Appeal filed with delay of 46 days — Delay condoned in the interest of justice considering reasons provided in application. India Law Library Docid # 2401620
(673) RAHUL RANKA Vs. ORIENTAL INSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Assailing order of State Commission setting aside District Forum order upholding complaint — Insurance claim — Vehicle theft — FIR lodged after delay — Violation of policy conditions. India Law Library Docid # 2401612
(674) RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. RAM MEHAR[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Adjudication of revisionary powers — Court can set aside orders of lower fora if they suffer from material irregularity or perversity. India Law Library Docid # 2401613
(675) M/S. KOHLI NURSING HOME AND MATERNITY CENTRE Vs. SONIKA KAPOOR - THROUGH LRS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-01-2024 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission order — Hospital directed to pay compensation for medical negligence — Appeal filed challenging the order — Facts of the case involve a patient admitted for delivery, experiencing post-operative abdominal pain, and later diagnosed with a foreign body in her abdomen — CT scan revealed a foreign body, and subsequent surgery removed an abdominal sponge — Delhi Medical Council found the operating doctor negligent and suspen India Law Library Docid # 2401614
(676) SANDEEP DHANDA – PETITIONER Vs. NATIONAL INSURANCE COMPANY LIMITED – RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-12-2023 Consumer Protection Act, 1986 — Complaint dismissed by State Commission on appeal — Driver acquitted in criminal case for drunk driving — FIR stated driver was under influence of liquor and driving at high speed — Driver's statement to investigator admitted influence of liquor — Medical report indicated alcohol intoxication but no specific blood alcohol level established — Insurance company repudiated claim based on policy violation — State Commission found sufficient evidence in statements and India Law Library Docid # 2401435
(677) SENIOR BRANCH MANAGER, LIC OF INDIA – PETITIONER Vs. ASST. PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION AND ANOTHER – RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-12-2023 Consumer Protection Act, 1986 — Deficiency in service — Insurance — Non-payment of premium due to insufficient funds in Provident Fund — Joint and several liability of employer and insurer — Failure to inform policyholder of non-payment and insufficient funds constitutes deficiency. India Law Library Docid # 2401436
(678) MADHULEKHA SAWHNEY - APPELLANT Vs. M/S. SHIPRA ESTATE LTD. & JAI KRISHAN ESTATE DEVELOPERS PVT. LTD. AND OTHERS - RESPONDENT[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-12-2023 Civil Procedure Code, 1908 — Section 148 — Enlargement of time — When time allowed for deposit under a preliminary decree is dismissed, time for deposit can be extended, provided the application is not malafide. India Law Library Docid # 2401437
(679) ORIENTAL INSURANCE CO. LTD. Vs. HARISHANKAR COMMERCIAL PRIVATE LIMITED [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-12-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission Order — Motor Vehicle Insurance — Vehicle registered in company name, Akash Garg as Director — Insurance also in company name — Accident occurred — FIR registered against Akash Garg alleging rash and negligent driving under influence of alcohol — State Commission allows complaint, directing payment of assessed repair cost by insurance company — Appeal by insurance company. India Law Library Docid # 2401438
(680) NATIONAL INSURANCE COMPANY LIMITED Vs. M/S. SHIVAM MEDICO [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-12-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against State Commission's order — Insurance claim — Fire loss — Assessment of loss — Surveyor's report not conclusive — Rebuttable evidence can be considered — State Commission's order upheld if no illegality. India Law Library Docid # 2401432