Consumer Cases Monthly Round Up: December 2024

National Consumer Disputes Redressal Commission NCDRC Holds Bajaj Insurance Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim Case Title: Vasantiben Vs. Bajaj Allianz Life Insurance Company Ltd Case Number: R.P. No. 1737/2017 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held Bajaj Allianz Life Insurance liable for deficiency in service over wrongful repudiation of a legitimate insurance claim and overturned the State Commission's order. NCDRC Dismisses Medical Negligence Claim Against Kims Al-Shifa Hospital Case Title: Dr. Nayan Thara Vs. Subaida Case Number: R.P. No. 1492/2019 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra allowed a revision petition by the hospital and overturned the State Commission's order of deficiency in service by the hospital. Medical Negligence: NCDRC Holds Doctors Of Fortis Hospital Liable Case Title: Fortis Health Care (India) Ltd. Vs. Bhagchand Meena Case Number: F.A. No. 1093/2018 The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra in an appeal by Fortis Hospital held that expert evidence in medical negligence cases should be judged on a case by case basis, placing the onus on the hospital to dispute allegations of negligence. Duty To Collect Specimen Not Supported By Contract Terms: NCDRC Dismisses Appeal Against Cryoviva Biotech Case Title: Nisha T.S. Vs. Cryoviva Biotech Pvt Ltd. Case Number: F.A. No. 601/2019 The National Consumer Disputes Redressal Commission, presided by AVM J Rajendra dismissed a deficiency claim against Cryoviva Biotech and held that the duty to collect the disputed specimen as per the contract was on the patient and not the company. Bank Bound To Personally Notify Discontinuation Of Policy: NCDRC Holds SBI Liable For Deficiency In Service Case Title: State Bank of India Vs. Sheetal Navnath Vaidya Case Number: R.P. No. 1222/2023 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that a bank is bound to personally notify the customer upon discontinuation of an insurance policy entered through them. Insured Cannot Assume Obligation On Part Of Bank To Renew Policy: NCDRC Case Title: State Bank of India Vs. R. Vishwanatha Pai Case Number: R.P. No. 4248/2012 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra overruled the State Commission's order against SBI and held that the insured cannot assume obligation on the bank's part to renew the policy unless agreed otherwise. Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC Case Title: M/S. Hundi Lal Jain Cold Storage & Ice-Factory Pvt. Ltd. Vs. United India Insurance Co. Ltd. Case Number: F.A. No. 214/2017 The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC Case Title: R. Harish Gupta Vs. Kumari Kritika Case Number: R.P. No. 3005/2023 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that doctors are not liable for medical negligence if the disputed treatment is recognized as sound medical practice. Insurance Policies Must Be Read Holistically: NCDRC Holds LIC Liable For Deficiency In Service Case Title: Life Insurance Corporation of India Vs. Satwinder Kaur Case Number: R.P. No. 95/2022 The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi and Dr. Inder Jit Singh held that insurance policies should be read inclusively to meet the reasonable expectations of the insured. NCDRC Cannot Act As An Appellate Court To Re-Examine Facts Case Title: Rajasthan State Industrial Development & Investment Corporation Ltd. (RIICO) Vs. Dwarka Prasad Case Number: R.P. No. 1327/2019 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that the NCDRC's revisional jurisdiction is limited in nature and it cannot act as an appellate body. Completed Wrong With Ongoing Effects Does Not Constitute Continuing Wrong: NCDRC Dismisses Petition Against ICICI Case Title: Naresh Kumar Sharma & Anr Vs. ICICI Bank Limited & Anr. Case Number: R.P. No. 1216/2022 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra dismissed a petition against ICICI barred by limitation and held that a completed wrong becomes a continuing wrong only when the breach of duty persists. NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement Case title: Suman Kumar Mishra & Ors. vs ...

Consumer Cases Monthly Round Up: December 2024

Amrisha Kumari

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