Facts Can Only Be Determined By Evidence Before Forum Of First Instance And Not In Revision Just For The Sake Of Prolonging The Lis; NCDRC

The bench of National Commission comprising Justice Karuna Nand Bajpayee, Member and Dinesh Singh, Presiding Member has observed that, "the facts can only be determined by leading evidence before the forum of first instance or in rare cases by filing additional evidence before the forum of appellate jurisdiction and should not be raised in revision just for the sake of prolonging...

Involvement Of Driver In Theft Of Vehicle, Insurance Company Still Liable; NCDRC

The bench of National Commission comprising Justice Viswanath, Presiding Member and Surat Ram Maurya, Member has stated that, the Insurance Policy covered the loss to the vehicle by burglary, house breaking or by malicious act. It is a case of theft and involvement of driver in the theft will not rule out the commission of theft. In this case, the Insured (Respondent) took...

Hotel Did Not Have Smoke Detector And Staffs Were Not Acquainted To Operate Fire Extinguishers; Deficiency in Service of Hotel; NCDRC Imposes Costs

The bench of National Commission comprising Justice C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member has observed that, the Hotel did not have smoke detector and the staffs of hotel were not acquainted to operate fire extinguishers. Negligence on the part of the hotel is proved. In this case, the deceased was serving as Sales Director in Riddhi Technology, Pvt...

Failure Of Treatment Is Not Prima Facie A Ground For Medical Negligence; SCDRC Delhi

The bench of State Commission comprising Justice Sangita Dhingra Sehgal (President) and Sh. Rajan Sharma, Member has observed that, the hospital gave appropriate treatment to the patient free of cost, which includes daily dressing and medication even after her discharge from the hospital. Looking into the aforesaid events, it is clear that the hospital had exercised due care and caution...

Doctors Has Treated The Patient As Per Reasonable Standards And Care; No Negligence Or Deficiency On Their Part; NCDRC

The bench of National Commission comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member has observed that, the limb salvage surgery was not done forcibly, but it was done after obtaining the informed consent of the Patient. It was the due diligence of team treating doctors, which avoided amputation of right Leg. The Patient, thereafter, could walk on his own feet...

Insured Should Take All Reasonable Steps To Safeguard The Vehicle Insured From Loss Or Damages; Reiterates SCDRC Chandigarh

The bench of State Commission Chandigarh comprising Justice Raj Shekhar Attri, President, Padma Pandey, Member and Rajesh K. Arya, Member, has relied upon the case of Reliance General Insurance Company Ltd. vs. Daljeet Singh Kashmeer Singh Batth where it was stated that, "the insured should take all reasonable steps to safeguard the vehicle insured from loss or damages." In this...

Respondents Not Deficient In Providing Services, No Compensation To Be Provided; SCDRC Delhi

The bench of State Commission Delhi comprising Justice Sangita Dhingra Sehgal and Sh. Rajan Sharma, Member has observed that, the complainants have failed to establish their case as against the opposite parties, who cannot be held liable for any deficiency-in-services or adopting any alleged unfair-trade-practice. In this case, Sh. Ajit Singh was the tenant and he was having an LPG...

Deficiency In Service Of Indigo Airlines For Not Informing Cancellation Of Flight And Details Of Alternate Flights; SCDRC Punjab

The bench of State Consumer Disputes Redressal Commission, Punjab comprising Justice Daya Chaudhary, President, Rajinder Kumar Goyal, Member and Urvashi Agnihotri, Member has observed that, there is a deficiency in service on the part of Indigo Airlines for not informing the cancellation of flight along with details of alternate flights through SMS on mobile phone of passenger. In...

Terms Of Agreement Are Wholly One-Sided And Unfair To Flat Purchaser; Builder Cannot Seek To Bind Flat Purchaser With Such Terms; NCDRC

The bench of National Commission comprising Justice R.K. Agrawal, President and Binoy Kumar, Member has observed that, the terms of the Apartment Buyer's Agreement were wholly one-sided and unfair to the Flat Purchaser. The Builder cannot seek to bind the Respondent with such one-sided contractual terms. In this case, the Complainants jointly booked an Apartment in the Group...

Report By A Surveyor Is An Important Piece Of Evidence And Has To Be Given Due Weightage; NCDRC

The bench of National Commission comprising C. Viswanath, Presiding Member has observed that, the report submitted by a surveyor is an important piece of evidence and has to be given due weight, though it is not sacrosanct and can be ignored, provided there is cogent evidence otherwise. In this case, the Appellant (Insured) is a proprietor of M/s Britolite Industries. He took...

It Is Not An Error Of Judgment But Breach In Duty Of Care From Doctors, Who Treated The Patient; NCDRC Awards Compensation

The bench of National Commission comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member has observed that, the treating doctors failed in their duties to act with reasonable degree of skill and knowledge. They have not exercised a reasonable degree of care to handle the emergency by adopting basics of ABC of trauma. Commission stated that, the State Commission erred...

Doctors Left Sponge In The Abdomen During LSCS Operation, Liable For Medical Negligence; NCDRC

The bench of National Commission comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member has observed that, no amount of money can turn back the time and reverse the harm already done, but receiving compensation for unnecessary surgery or surgical errors can at least help the patient to overcome some of the challenges that lie ahead. Commission stated that, mistakes...