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(761) MRS. ALKA WIFE OF MR. VIKRAM SINGH Vs. VYAS HOSPITAL, KOTHI CHOWK, VILLAGE TALWAR, POST OFFICE CHANDPUR, TEHSIL SADAR, DISTRICT BILASPUR, H.P. THROUGH ITS PROPRIETOR AND MANAGING DIRECTOR AND OTHER[HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 20-10-2023
Consumer Complainant - Medical Negligence – Death of fetus in womb - To establish the medical negligence on the part of the Doctor, the complainant has to prove three facts, (i) the practice so adopted by the doctor is usual and normal practice, (ii) the doctor who is in medical profession must have deviated the said practices and (iii) the doctor who has adopted the said practices is one which no professional man of ordinary skill would have taken, if he had been acting with ordinary care - Hos
India Law Library Docid # 2400331

(762) M/S. INTEC INFONET PVT. LTD Vs. NORTH EASTERN REGION INSTITUTE OF SCIENCE AND TECHNOLOGY (NERIST)[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 20-10-2023
Consumer Law - Deficiency in service - Tender - Violation of agreement terms - Delay in completion of the project - A contract after inviting tenders for the installation and commission of electrical equipments and expansion of existing fiber optical lines adopting latest technology for meeting the requirements of the Institute - Bills payable to the complainant were withheld admittedly to the tune of 12,37,487/-. Consequently, the entire blame cannot be put on the appellant for non-compliance o
India Law Library Docid # 2400333

(763) ANSAL HOUSING LIMITED Vs. MS. SHASHI GARG[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 19-10-2023
Consumer Protection Act, 1986 - Section 15 - Limitation Act, 1963 - Section 5 - Application for condonation of delay - Appeal against consumer complaint - In order to condone the delay, the Appellant has to satisfy Commission that there was sufficient cause for preferring the appeal after the stipulated period - 'sufficient cause' means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and the applicant must satisfy the Court that he was prev
India Law Library Docid # 2400326

(764) SRIGANESH CHANDRASEKARAN AND OTHERS Vs. M/S. UNISHIRE HOMES LLP AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 19-10-2023
Consumer Protection Act, 1986 - Section 12(1)(c) read with Section 13(6) - Civil Procedure Code, 1908 (CPC) - Order 1 Rule 8 - Deficiency in service and unfair trade practice on account of delay in handing over the possession of flats - It is manifest that there has been a huge delay of more than six years in handing over possession of the apartments to the Complainants - However, in the Chart filed by the Learned Counsel for the Complainants giving details of the Complainants, the date of offer
India Law Library Docid # 2400334

(765) M/S. EASTERN MOTOR, AUTHORISE DEALER OF MARUTI SUZUKI IMPHAL Vs. . R.K. SANAYAIMA SINGH[MANIPUR STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 18-10-2023
Consumer Protection Act, 2019 - Section 2(C)(iv) - Impleadment as a necessary party - An insurance service provider under Section 2(C)(iv) of the Consumer Protection Act, 1986 and the said service provider is ought to provide every brief explanation regarding the service to be provided under the instructions and procedures of the respective insurance companies - Hence, the insurance companies cannot be held as necessary parties since an effective order could be passed without impleading the insu
India Law Library Docid # 2400332

(766) M/S. BIMAL TEXTILES PANIPAT THROUGH ITS PROPRIETOR MR. VIPIN GOYAL Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 17-10-2023
Insurance Claim - Accidental fire - Enhancement of claim amount - Discharge voucher had been signed without any undue influence, threat or coercion on the part of the Insurance Company - There is nothing on record to infer that the Insurance Company exercised some undue advantage for coercing the complainant wielding its prominent position - Complainant dismissed.
India Law Library Docid # 2400299

(767) STATE BANK OF INDIA, MAIN BRANCH, HOSPITAL ROAD, MANSA, DISTRICT MANSA THROUGH IT’S BRANCH MANAGER AND OTHER Vs. YOGTA D/O JATINDERVIR GUPTA[PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 17-10-2023
Consumer Protection Act, 2019 - Section 2 - Education Loan - Subsidy - Respondent/complainant applied for a study loan with the appellants/OPs for an amount of Rs. 5,50,000/- for which an agreement was executed between the parties - Appellants/OPs disbursed the education loan issued by them in the name of respondent/complainant - As per scheme, the loan had to be paid by her in 108 installments starting from one year after the course period of 48 months commencing from 01.08.2015 or after six mo
India Law Library Docid # 2400329

(768) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. KAILASH CHAND VED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-10-2023
Consumer Protection Act, 2019 - Section 58(1)(b) - Deficiency of service and unfair trade practices - Construction faults in Flat - Compensation enhanced by State Commission - Appeal against - Existence of a washbasin in the dining area had clearly been shown in the model of the Flat physically shown to the intending purchasers/Complainants, and failure to provide the same certainly amounted to a deficiency in service - District Forum below were justified in coming to the conclusion that the Com
India Law Library Docid # 2400300

(769) INDIABULLS HOUSING FINANCE LIMITED Vs. DILIP GOYAL[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-10-2023
Consumer Law - Loan Agreement - A party cannot be permitted to avoid the contents of the documents signed by himself as there is always a presumption that he had signed thereupon after properly understanding the contents.
India Law Library Docid # 2400301

(770) DR. ANURADHA Vs. DR. PANDIT AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 12-10-2023
Consumer Complaint - Medical negligence - Uterine prolapse and uterine fibroid surgery - Medical negligence on the part of the doctors involved in her care, resulting in her prolonged suffering - Mere contention of complainant that he too acted negligently, there is no evidence to substantiate it - Undisputed facts clearly indicate that whenever the complainant approached to him, he advised her for sonography and C.T.Scan, and tuberculosis test and on perusal of test report he referred her back
India Law Library Docid # 2400276

(771) BRIJ LAL Vs. THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. [HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023
Brief facts of the complaint are that complainant is the sole proprietor of Amar General Store, VPO Kotli and deals in sale of ready-made garments. The complainant availed loan facility from the opposite party No.2/Himachal Pradesh Grameen Bank, who got the business insured with the opposite party No.1/Insurance company. Sum assured was Rs.6,00,000/- and the risk was covered from 12.02.2016 to 11.02.2017. During the intervening night of 30th June/1st July, 2016, boulders fell on the shop all of
India Law Library Docid # 1882273

(772) DIPTI YOGESH PAREKH Vs. BIRLA SUN LIFE INSURANCE CO. LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023
Heard Mr. Rajan Khosla, Advocate, for the complainant and Ms. Meenakshi Midha, Advocate, for the opposite party. Mrs. Dipti Yogesh Parekh (the nominee of the Deceased Life Assured) has filed above complaint, for directing Birla Sun Life Insurance Company Limited (the Insurer) to pay (i) Rs.5/- crores with interest @10% per annum from 20.02.2015 till the date of payment, towards insurance claim; (ii) Rs.50/- lakhs, as compensation for mental agony and physical harassment; (iii) litigation costs;
India Law Library Docid # 1882352

(773) MANDEEP SINGH JOHAR AND ANOTHER Vs. M/S. IREO PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023
Consumer Law - Interest on delayed payment of instalments - Complainants have not filed demand letters of the instalments showing date of demand, due date of deposit and the date of payments as such, it cannot be held that demand of interest on delayed payment of instalments, is illegal.Q
India Law Library Docid # 2400273

(774) K. KARTHIGA AND OTHERS Vs. HELIOS HOSPITAL AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023
Consumer Complaint - Medical negligence - Patient died due to DVT-Pulmonary Embolism - From various reports of the patient during 28.07.2009 to 04.08.2009, such as, blood culture, bone scan, bone X-ray, complete blood count, C-Reactive Protein, Erythrocyte Sedimentation Rate, MRI, ECG, ECHO, Ultrasound and Radio-nucleotide Bone Scan report, it is not proved that the patient had suffered from DVT-Pulmonary Embolism rather it was proved that he had infective arthritis on left knee joint, due to wh
India Law Library Docid # 2400274

(775) BRIG CARGO INTERNATIONAL AND ANOTHER Vs. M/S. ANURAG EXPORTS AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023
Consumer - Compensation - Loss of consignment and mental agony and harassment - Complainant handed over consignments of 41 rolls of carpets to Brig Cargo International along with Invoice No.195/2000-01 dated 18.10.2000, in the name of M/s. Designer’s Collection 2, D-35410, Hungen, Germany and required documents for its shipment to the port of Hamburg, Germany - These consignments were shipped through E N U Shipping Lines, operated by E M U Lines Pvt. Ltd. on 04.11.2000, who had issued Bills of L
India Law Library Docid # 2400275

(776) HERITAGE COTTAGES PVT. LTD AND OTHERS Vs. SATISH CHANDRA JAIN OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 11-10-2023
Consumer Law - Housing - Failed to deliver possession of the flat - Compensation - Appellant and the Complainant are bound by the terms and conditions of Agreement in question - When OP failed to deliver possession as agreed in between them, the OP is liable to refund the amount deposited. The Complainant cannot be made liable to approach M/s Triveni for compensation - As per Agreement in this case, the Complainant was liable to pay Rs. 34,38,750/-. Whereas, he had paid Rs. 31,69,211/-. Therefor
India Law Library Docid # 2400247

(777) SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. KAPIL WALIA [HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2023
Instant appeal is arising out of the order dated 16.09.2022 passed by Learned District Consumer Commission, Kangra at Dharamshala, in Consumer Complaint No.192/2019 titled Kapil Walia Versus Shriram General Insurance Company. Brief facts of the case are that the complainant is owner of vehicle (Tipper) bearing registration No.HP-68-3252. The tipper was duly insured with opposite party/Insurance company vide insurance policy No.10003/31/17372684 w.e.f. 10.11.2016 to 09.11.2017. The tipper met wit
India Law Library Docid # 1882114

(778) SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. KAPIL WALIA [HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 10-10-2023
Instant appeal is arising out of the order dated 16.09.2022 passed by Learned District Consumer Commission, Kangra at Dharamshala, in Consumer Complaint No.192/2019 titled Kapil Walia Versus Shriram General Insurance Company. Brief facts of the case are that the complainant is owner of vehicle (Tipper) bearing registration No.HP-68-3252. The tipper was duly insured with opposite party/Insurance company vide insurance policy No.10003/31/17372684 w.e.f. 10.11.2016 to 09.11.2017. The tipper met wit
India Law Library Docid # 1882120

(779) BALAMURUGAN AUTOMOBILES Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2023
The complainant is an authorized dealer for sales, service and spares of two wheelers, three wheelers and other vehicles manufactured by M/s. TVS Motors. The complainant contends that it is running its main showroom establishment at 93/3, New Bye Pass Road, Vellore. It also has its additional establishments including one at 63/1 and 63/B in Kakithattadai on Arcot Road in Vellore and two other premises within the establishment run by the complainant namely at 7-A, Railway Station Road, Ranipet an
India Law Library Docid # 1882334

(780) AJMER VIDYUT VITRAN NIGAM LTD. Vs. BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED AMD OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-10-2023
The present Revision Petition (RP) has been filed by the Petitioner against Respondents as detailed above, under section 21(b) of Consumer Protection Act 1986, against the order dated 08.12.2017 of the State Consumer Disputes Redressal Commission, Rajasthan, (hereinafter referred to as the State Commission), in First Appeal (FA) No.467/2017 in which order dated 23.03.2017 of District Consumer Disputes Redressal Forum, Sikar (hereinafter referred to as District Forum) in Consumer Complaint (CC) N
India Law Library Docid # 1882356