Category: Consumer

“Fire Insurance Claim Revived: Manufacturer Gets Chance to Challenge Reports After Rejection” – The Court analyzed the definition of ‘person’ under the Consumer Protection Act and concluded that a company can be considered a consumer – The Supreme Court set aside the order of the National Commission and remanded the matter for reconsideration, allowing Appellant to file a rebuttal.

SUPREME COURT OF INDIA DIVISION BENCH M/S. KOZYFLEX MATTRESSES PRIVATE LIMITED — Appellant Vs. SBI GENERAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : B.R. Gavai and Sandeep…

Consumer Protection Act, 2019 – Sections 47, 49(2) and 59 – Court observed that the appellant was not an illiterate person and had signed the agreement after being aware of the adjustable interest rate option – The Court also noted that the appellant had not produced any evidence to show that he had a better option of securing loan from another institution – The Court held that the email could not override the policy decisions of HDFC and that the appellant could not seek refund of the interest paid after having received the loan amount and repaid it as per the agreement.

SUPREME COURT OF INDIA DIVISION BENCH RAJESH MONGA — Appellant Vs. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED AND OTHERS — Respondent ( Before : A.S. Bopanna and M.M. Sundresh, JJ. )…

Consumer Law – they neither have the skills nor the expertise to do so. However, they are liable to pay the monetary compensation as directed by the consumer forums from the estate of the deceased developer – The court applied the principles of contract law, consumer protection law, and succession law to arrive at its decision – It distinguished between proprietary rights and personal rights, and between inheritable rights and uninheritable rights – It also discussed the nature and status of a proprietary concern and its legal representatives.

SUPREME COURT OF INDIA DIVISION BENCH VINAYAK PURSHOTTAM DUBE (DECEASED), THROUGH LRS — Appellant Vs. JAYASHREE PADAMKAR BHAT AND OTHERS — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan,…

Supreme Court held that the respondent-company had breached the agreement by not offering possession of the apartment for fit outs by the stipulated date and the appellants had the right to terminate the agreement and claim unconditional refund with interest at 12% p.a. as per the agreement – The Supreme Court also held that the NCDRC had overstepped its jurisdiction by rewriting the terms and conditions of the contract and applying its own subjective criteria.

SUPREME COURT OF INDIA DIVISION BENCH VENKATARAMAN KRISHNAMURTHY AND ANOTHER — Appellant Vs. LODHA CROWN BUILDMART PVT. LTD. — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ. )…

Consumer Law – Medical Negligence – – the respondent filed a review petition with the NCDRC, which granted it ex parte, reducing the compensation to Rs. 2 lakhs and stating that the respondent had already paid the amount – The appellant then filed a review petition with the Supreme Court, which reinstated the original order of Rs. 2 lakhs with interest at 12% – The Supreme Court also imposed a cost of Rs. 50,000 on the respondent for making a false representation

SUPREME COURT OF INDIA DIVISION BENCH P.C. JAIN — Appellant Vs. DR. R.P. SINGH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Civil Appeal No(S). …of…

Consumer Law – Policy – Supreme Court held that the date of issuance of the policy would be the relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt – The appeals were accordingly allowed and the orders passed by the National Consumer Disputes Redressal Commission were set aside.

SUPREME COURT OF INDIA DIVISION BENCH RELIANCE LIFE INSURANCE COMPANY LTD. AND ANOTHER — Appellant Vs. JAYA WADHWANI — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Insurance Claim – Replacement of Car – On account of damage caused to BMW Car due to accident – In case of total loss/constructive total loss, instead of paying the amount, the insurer has an option available to replace the vehicle with a new one – Thus, it is not the right of the insured under the policy conditions to always claim replacement of the car – It is at the option of the insurer

SUPREME COURT OF INDIA DIVISION BENCH BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. — Appellant Vs. MUKUL AGGARWAL AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Consumer Complaint – Deficiency of service or defect – Adverse reaction due to administration of vaccine Engerix-B – Non-mentioning of myositis being suffered as an adverse reaction in the literature accompanying the injection or on the vial not amounts to deficiency of service, more particularly when the adverse reaction was minimal only to the extent of 0.02 in one million – If the matter is looked at from its correct perspective it is seen that except for the appellant assuming that he has suffered myositis and the cause for the same was the Engerix-B vaccine being administered, the same has not been established with the minimal required evidence to conclude even on preponderance of probability – Complaint dismissed

(2023) 11 SCALE 325 SUPREME COURT OF INDIA DIVISION BENCH PRAKASH BANG — Appellant Vs. GLAXO SMITHKLINE PHARMACEUTICALS LTD. AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant…

Medical negligence – Adopting an alternative medical course of action would not amount to medical negligence – After the difficulties faced during the ‘Tracheostomy Tube’ (TT) decannulation process and the discovery of a stridor, opting for the ‘Nasotracheal Intubation’ (NI) procedure as an alternative course of treatment to aid respiration could be medically justified as well

SUPREME COURT OF INDIA DIVISION BENCH M.A BIVIJI — Appellant Vs. SUNITA AND OTHERS — Respondent ( Before : Manoj Misra and Hrishikesh Roy, JJ. ) Civil Appeal No. 3975,…

Medical Negligence – The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.

SUPREME COURT OF INDIA DIVISION BENCH MRS. KALYANI RAJAN — Appellant Vs. INDRAPRASTHA APOLLO HOSPITAL AND OTHERS — Respondent ( Before : Prashant Kumar Mishra and A.S. Bopanna, JJ. )…

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