Damage Caused Due To Not Maintaining Requisite Temperature In Storage, Insured Not Entitled To Any Relief; NCDRC

The bench of National Commission comprising Justice Ram Surat Ram Maurya, has observed that, the damage was caused as the Plant In-charge, had failed to maintain requisite temperature inside the chambers, where potatoes were stored. Commission observed that any damage to the stocks due to rise or fall in temperature caused by stoppage of any section or sections of refrigeration...

District Forums To Decide Plea For Condonation Of Delay As Preliminary Issue Before Proceeding To Decide The Complaint On Merits: UP State Consumer Commission

The Uttar Pradesh State Consumer Disputes Commission by a recent judgment in the case of Balrampur Nursing Home vs. Shri Dhokhai while allowing a revision petition has held that as per the provisions contained in S. 69 of the Consumer Protection Act 2019, it is imperative for the District Consumer Forums to decide the Applications for Condonation of Delay as a preliminary...

Flat Purchasers Cannot Be Made To Wait For An Indefinite Period Hoping To Obtain Possession; Reiterates NCDRC

The bench of National Commission comprising Justice Deepa Sharma, Presiding Member and Subhash Chandra, Member has observed that, the opposite party has not provided any documentary evidence to prove that the complainants are not 'consumers' under the scope of section 2 (1) (d) of the Consumer Protection Act, 1986, except relying on the fact that they paid 50% of the amount in...

Insured Failed To Verify Damaged Material, Insurance Company Not Liable; NCDRC

The bench of National Commission comprising Justice C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member, has observed that, as per the insurance policy only stocks of dal and raw materials were insured but the insured has wrongly claimed loss of machinery and building also. The damage was caused to machinery and building and not to the stock of pulse and...

Wrong Blood Transfusion Resulting In Death, A Case Of Medical Negligence; NCDRC

A bench comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member, has observed that, in most of the cases the hospital staff failing to respond to the signs and symptoms of a blood transfusion error. Thus, the cause can be as simple as a breakdown in safety protocols or poor training. The bench noted that, though most hospitals and surgical centres have strict...

Concealment Of Material Facts By Insurance Company, NCDRC Imposes Costs

A bench comprising Justice C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member, has observed that the Insurance Company deliberately tried to conceal the separate report submitted by the Surveyor regarding cause of fire and did not file the same along with the Appeal. The bench noted that, there is clear concealment of material fact on the part of the Insurance...

A Mere Deviation From Normal Professional Practice Is Not Necessarily Evidence Of Negligence; Reiterates NCDRC

A bench comprising Justice Dr. S.M. Kantikar, Presiding Member and Binoy Kumar, Member, has relied upon the case of Jacob Mathew vs. State of Punjab and Anr., which stated that "A mere deviation from normal professional practice is not necessarily evidence of negligence. Also, a mere accident is not evidence of negligence. So also, an error of judgment on the part of a professional...

In Medical Negligence Case, NCDRC Finds Hospital And Doctors Liable

A bench comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member, has observed that the patient's duty of care starts from the time of admission. The responsibility of care is on treating doctor and hospital till the patient's discharge from the hospital. The bench stated that it appears the doctors in the S.P. Fort hospital in Thiruvananthapuram, Kerala was...

Person Not Eligible Under FBS-AIOS Scheme, As There Was Material Concealment In Membership Form; NCDRC

A bench comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member, has observed that the patient concealed material fact that he was free from major ailments and for the last two years he has not suffered from any cancer or underwent any major operation. Material concealment of the Renal Carcinoma in the membership form filled by the deceased, is not acceptable...