(701) M/S ROHAN MOTORS THROUGH THEIR WORKSHOP MANAGER ROHAN MOTORS Vs. SMT. JASBIR KAUR W/O SH. HARJEET SINGH AND OTHERS[UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 29-11-2023 Consumer Protection Act Procedural Fairness District Consumer Forum Closing opportunity to file written statement Proper cause for delay Traffic jam preventing timely appearance Consumer Commission has power to set aside such orders. India Law Library Docid # 2401003
(702) THE ORIENTAL INSURANCE COMPANY LTD. AND OTHER Vs. MRS. PATEL HIRAL RAGHUNATH AND OTHER[GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 29-11-2023 Consumer Protection Act, 1986 — Section 15 — Appeal against District Forum order — Grounds for appeal — Insurance claim repudiation — Pre-existing disease clause — Interpretation of policy terms — No direct nexus between diabetes and coronary artery disease — District Forum order upheld. India Law Library Docid # 2400971
(703) UNITED INDIA INSURANCE CO. LTD. AND OTHERS Vs. KAMLA DEVI AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision jurisdiction of National Commission — Limited scope — Exercise of powers only in cases of jurisdictional error, failure to exercise jurisdiction, or illegal or materially irregular exercise of jurisdiction by the State Commission. India Law Library Docid # 2400949
(704) M/S ROYAL INFRACONSTRU LTD. Vs. M/S EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LTD. AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-11-2023 Preamble: This judgement concerns a claim filed by a complainant, a manufacturer of steel railway sleepers, against the Export Credit Guarantee Corporation of India Ltd. (ECGC) for non-receipt of export proceeds due to issues arising from sanctions against Iran. The complainant secured a purchase order from an Iranian company, and the financial transaction was to be handled via a Letter of Credit (LC) issued by the State Bank of India. The complainant also obtained an insurance policy from ECGC India Law Library Docid # 2400947
(705) PUNJAB & SIND BANK Vs. NACHATTER SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 28-11-2023 Consumer Protection Act, 1986 — Section 21(b) — Revision Petition — Scope of revisional jurisdiction — Limited to errors of jurisdiction, illegality, or material irregularity by lower forums — Cannot interfere with concurrent findings of fact based on appreciation of evidence. India Law Library Docid # 2400948
(706) UHBVNL GOHANA, TEHSIL GOHANA AND OTHERS Vs. RAJ KUMAR R/O GOHANA, TEHSIL GOHANA AND OTHERS[HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 28-11-2023 Consumer Protection — Electricity Bills — Time Limitation — Recovery of dues — Section 56(2) of Indian Electricity Act allows recovery of electricity dues only within two years from the date they first became due. India Law Library Docid # 2400975
(707) SHRIRAM GENERAL INSURANCE COMPANY LIMITED AND OTHERS Vs. SANJAY KUMAR S/O SH. NARAIN SINGH[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 28-11-2023 Consumer Protection Act Unfair Trade Practice and Deficiency in Service Insurance Company's liability to pay claimed amount to complainant Insurance company unilaterally remitted assessed amount to financer without complainant's consent Held, this amounts to deficiency in service and unfair trade practice. India Law Library Docid # 2400986
(708) THE ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION PARAVATTI TRISSUR AND OTHERS Vs. SUKUMARAN AMBADI PROPREITOR AMBADI BLDG KK ROAD PARAVATTI TRISSUR[KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 27-11-2023 Consumer Protection Act, 1986 Section 2(1)(d) Consumer Definition Landlord earning livelihood by collecting rent from building parts is a consumer if the building was constructed for self-employment and rent is the sole source of income. India Law Library Docid # 2400991
(709) HYUNDAI MOTORS INDIA LTD. Vs. P.R.MEENA AND OTHERS[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986 — Deficiency in service — Manufacturing defects — Car purchased new — Tyre and rim came off within one month of purchase — District Commission found poor workmanship and awarded compensation — National Commission upheld the finding, stating that a new car giving trouble within a month leads to dissatisfaction and loss of satisfaction for the consumer — Complaint that the car was driven negligently was rejected by the Commission, as even negligent driving would not c India Law Library Docid # 2400966
(710) DR. ROOPA SALWAN Vs. UCO BANK AND ANOTHER[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986, Section 2(1)(g) and 2(1)(o) — Deficiency in Service — Banking — Forgery and Cheating — For allegations of forgery and cheating, which involve complex factual disputes and potentially criminal acts, consumer fora are not the appropriate venues as their proceedings are summary in nature. Such matters should be adjudicated by regular courts. India Law Library Docid # 2400967
(711) EMAAR INDIA LIMITED Vs. RADHIKA SAREEN[CHANDIGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986 (now Consumer Protection Act, 2019) — Amendment of pleadings — Allowing amendment of complaint to claim possession instead of refund — Whether permissible — Held, yes. The purpose of amendment is to serve the ends of justice and determine the real questions in controversy. Amendments should be allowed unless they cause injustice. Supreme Court has held that where relief of possession is an alternative to refund, amendment should be allowed if it emanates from the fa India Law Library Docid # 2400961
(712) S.B.I. LIFE INSURANCE COMPANY LIMITED AND OTHERS Vs. MRS. RANJNA BAJAJ[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986 — Section 12 — Complaint — Repudiation of Insurance Claim — Group Insurance Scheme — Life Assured concealed pre-existing heart disease in proposal form — Whether repudiation justified. India Law Library Docid # 2400998
(713) NEELAM SETH WIFE OF SHRI ANIL SETH Vs. M/S SANDHU AUTOMOBILES PVT. LTD. AND OTHERS[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 2019 — Section 41 — Appeal against Consumer Commission order — Dismissal of complaint due to lack of evidence of manufacturing defect within warranty period and approaching commission after warranty expiry — Appeal dismissed. India Law Library Docid # 2400999
(714) MR. RAJESH KUMAR Vs. STAR HEATH AND ALLIED INSURANCE COMPANY LIMITED[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 2019 — Section 41 — Appeal against District Commission order — Enhancement of awarded amount with interest — Complainant filed appeal for enhancement of mediclaim amount awarded by District Commission. India Law Library Docid # 2401000
(715) VIJAY BHARGAVA Vs. UNION OF INDIA AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986, Section 19 Jurisdiction of Consumer Forum Railways Act, 1989, Section 124A, Section 123(c), Section 15 of Railway Claims Tribunal Act, 1987 Accidental falling of a passenger from a train carrying passengers falls under the definition of an 'untoward incident' as per Section 123(c)(2) of the Railways Act Claims arising from 'untoward incidents' are to be adjudicated by the Railway Claims Tribunal and not by Consumer Fora Consumer Fora lack jurisdiction to hear India Law Library Docid # 2400944
(716) NEW INDIA ASSURANCE CO. LTD. Vs. M/S. THE DESIGN SANGRAH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 1986 — Section 19 — Appeal against Order of State Commission — Dismissal of Complaint — Claim for Fire/Perils Insurance — Assessment of Loss — Rejection of Surveyor's Report — Appointment of Second Surveyor/Investigator — Non-disclosure of Reasons — Arbitrary Rejection — Burden of Proof on Insurer — Fraudulent Claim Allegations — Whether State Commission erred in relying on first surveyor's report and rejecting second surveyor's report. India Law Library Docid # 2400945
(717) NIAKSHA THAKUR D/O SH. MANISH THAKUR AND OTHERS Vs. HDFC STANDARD LIFE INSURANCE COMPANY LIMITED AND OTHERS[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Insurance — Claims — Settlement — Life insurance policyholder died after two and a half years of taking the policy — Insurance company failed to provide evidence of pre-existing illness or concealment by the policyholder — Insurance company directed to settle the claim within 45 days. India Law Library Docid # 2400985
(718) RAMAKRISHNA HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. AND OTHERS Vs. VIJAYA M KANCHANAHALLI AND OTHERS[KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 24-11-2023 Consumer Protection Act, 2019 — Section 41 — Appeals — Dismissal of appeals against District Commission orders — Appellants, OP societies, argued that bye-laws barred members from claiming interest on deposited site value — Commission upheld District Commission's decision to award interest, finding that the OP societies' failure to develop the layout as promised invalidated this bye-law clause — Waiting indefinitely for development constitutes deficiency in service, justifying interest on deposi India Law Library Docid # 2400988
(719) COUNTRY CLUB (INDIA) LIMITED Vs. MR. VIJAY SEHGAL[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 2019 — Section 41(1) and Consumer Protection Act, 1986 — Section 15 — Application for Condonation of Delay — Proceedings initiated before the enactment of the Consumer Protection Act, 2019 are governed by the Consumer Protection Act, 1986 — New Act is prospective in nature — Cases pending or adjudicated before the commencement of the new Act continue to be governed by the old Act. India Law Library Docid # 2400965
(720) M/S. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD. Vs. DIVISIONAL MANAGER, ORIENTAL INUSRNACE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 23-11-2023 Consumer Protection Act, 1986 — Section 19 — Appeal Against State Commission Order — Dismissal of Complaint — Review of State Commission's decision regarding enforceability of discharge voucher. India Law Library Docid # 2400955