Consumer Cases Weekly Round-Up: 20th To 26th May 2024

National Consumer Disputes Redressal Commission Alerting Insurer About Renewal Of Insurance Is Bank's Responsibility: NCDRC Holds Syndicate Bank Liable For Deficiency In Service Case Title: Bank Manager, Syndicate Bank Vs. Ishwar Dayal The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Syndicate Bank liable for deficiency in service and held that it is the responsibility of the bank to renew insurance or insist the insurer on renewing it. National Consumer Disputes Redressal Commission Accepting Evidence Without Filing Written Statement Is Same As Allowing A Late Reply: NCDRC Case Title: Kotak Mahindra Life Insurance Vs. Om Prakash Dubey The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that evidence can't be accepted without filing a written statement within 45 days. Furthermore, it was held that parties could not place retrospective reliance in appeals on judgments that are pronounced after the filing of the original complaint. National Consumer Disputes Redressal Commission Transactions Arising From A Public Auction Do Not Establish A Consumer-Service Provider Relationship:NCDRC Case Title: Mohd Siddique Khan Vs. Forest Division Officer The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held a public auction purchaser is not a consumer, and the Opposite Party is not a service provider. National Consumer Disputes Redressal Commission In Revision Jurisdiction, National Commission Can Interfere only In Cases of Substantial Jurisdictional Error: NCDRC Case Title: Babu Ram Vs. Sartaj Ali The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the Commission can only interfere in orders by the State Commissions and the District Forums if there is a scope of illegality, material irregularity, or jurisdictional error. National Consumer Disputes Redressal Commission Consumer And Criminal Proceedings Are Distinct From Each Other with Respective Jurisdictions: NCDRC Case Title: M/S. Kalindi Enterprises Vs. Suresh G Kumar The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the compensation granted by the consumer commission is not akin to a criminal sentence or punishment. Unlike criminal courts, which demand proof beyond a reasonable doubt for culpable offenses, consumer complaints about service deficiencies or unfair trade practices operate under different legal standards. National Consumer Disputes Redressal Commission Doctors Cannot Be Deemed Negligent For Choosing One Acceptable Medical Procedure Over Another, Even If Outcome Is Unfavorable: NCDRC Case Title: Parulben Shailesbhai Chunara Vs. Dr. Vinaykumar C. Sinh The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that medical opinions may vary on the appropriate course of action for treating a patient, but if a doctor follows acceptable medical practices and the court determines that they provided care with due skill and diligence, it is challenging to deem the doctor negligent even if the patient does not survive or suffers a permanent condition. National Consumer Disputes Redressal Commission Delay In Processing Revival Of Policy After Receiving Premium Is Insurer's Fault: NCDRC Case Title: IDBI Federal Life Insurance Co. Ltd. Vs. Krishna Bera The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that IDBI Federal Life Insurance liable for deficiency in service due to denial of revival of the policy even after receiving the premium amount from the insured. National Consumer Disputes Redressal Commission Builder's Failure To Transfer Maintenance Funds Collected From Association Members Constitutes A Deficiency In Service: NCDRC Case Title: Canon Properties Pvt Ltd. Vs. Dum Dum Club Town Residents Association The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held Canon Properties liable for deficiency in service for withholding maintenance charges from the flat owners. National Consumer Disputes Redressal Commission Insurer Has Discretion To Reject A Surveyor's Report If It Is Arbitrary Or Unreasonable: NCDRC Case Title: M/S. Shah Vadilal Jethalal Vs. New India Assurance Co. Ltd The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal against New India Assurance, citing the complainant's failure to demonstrate any arbitrariness or perversity in the insurer's rejection of the surveyor's report. National Consumer Disputes Redressal Commission Concealment Of A Non-Life-Threatening Condition Not Causing Death Should Not Invalidate An Insurance Claim: NCDRC Case Title: Life Insurance Corporation Of India Vs. Shubhalaxmi Shankar...

Consumer Cases Weekly Round-Up: 20th To 26th May 2024

Apoorva Pandita

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