Insurance — Suppression of Material Facts — Violation of terms and conditions of policy — Insured died — Claim repudiated — Insurance policy is contract entered between parties in utmost good faith and concealing of any information or giving incorrect information amounts to violation of terms and conditions — Repudiation justified.

I (2012) CPJ 200 (NC)

Jurisdiction — Remedy under Act, 1986 is in addition to and not in derogation of other remedies — Co-operative Society falls within expression of person as used under Act, 1986 and remedy under Act, 1986 is available to it because such remedy is not in derogation to provisions of Act, 1964.

I (2012) CPJ 194 (NC)

Education — Refund of Fee — Unfair Trade Practice — Although petitioners were not conventional educational institution but since, they are providing coaching and training to students of an educational nature, same principle that applies to educational institutions would also apply to these institutions in respect of fees — Refund of advance fees justified.

I (2012) CPJ 191 (NC)

Insurance — Insured equipments stolen — Breach of policy conditions — Information given in proposal form that premises where equipment was kept was not in use yet policy issued in favour of appellant — Respondent could not be allowed to take aid of exclusion clause of insurance policy by saying that keeping of equipment at uninhabited place for more than 7 days, without any security measure is violation of terms of policy — Matter remitted back.

I (2012) CPJ 178 (NC)

Medical Negligence — Enhancement of compensation — Joint liability — Responsibility of hospital to take care of patient — Patients go to hospital and not to particular doctor in hospital — Hospital was necessary party to proceedings before Consumer Commission — Liability of hospital and doctor was joint and several.

I (2012) CPJ 166 (NC)

Consumer — Explanation following Section 2(1)(d)(ii) of Act would be clarificatory in nature and does not supplant meaning of word ‘consumer’, vis-a-vis, ‘services’ as it appears in main section where exclusion clause will come into play if it is for ‘commercial’ purpose.

I (2012) CPJ 166 (NC)

Investment — Improving ‘Livelihood Security’ of employees — Complainant/University invested funds of its employees with OP for their benefits — Investment made by University for improving ‘livelihood security’ of their employees who would be left with better ‘financial security’, after retirement — Therefore, investment shall not under any circumstances fall under word ‘commercial’ excluding complainant from definition of ‘consumer’ — Complaint maintainable.

I (2012) CPJ 160 (NC)

Seeds — Adulterated — Report of Technical Officer cannot be ignored merely because a sample of the seeds manufactured and distributed by respondents and used by petitioner was not subjected to full-scale laboratory test to determine the extent of adulteration — Reasonable compensation awarded.

I (2012) CPJ 158 (NC)

Electricity — Theft — Special Court — Charge of theft of electrical energy against the respondents could not be proved before Special Court — Order upheld.

I (2012) CPJ 156 (NC)

Restoration — Revision Petition — Undue weightage has been taken of accommodation shown by this Commission in believing words of various Advocates who have claimed to represent petitioner — This practice is unbecoming of diligent petitioner — Restoration not allowed.

I (2012) CPJ 150 (NC)

Insurance ( Life ) — Cancellation of group insurance policy — In cancelling policy, Insurance Company needed to write to “the insured” and not to “the insured person” — It was sufficient for Insurance Company to send notice only to ‘insured’, viz., the State Bank of India Officers Association — Repudiation justified.

I (2012) CPJ 148 (NC)

Telephones — Telecom Connections — Tariffs fixing — Not identical in all places — Rates of tariff applicable to connection could not be identical in all places in view of various techno-economic factors — No unfair trade practice.

I (2012) CPJ 138 (NC)

Insurance — Fire — Mother Board of Telecom Exchange and line control cards were damaged beyond repairs — Surveyor appointed — Proposal form does not show that additional premium was required to be paid for coverage of perils caused due to short-circuiting — Exclusion clause is not part of fire insurance policy itself — Such technical plea is raised with a view to avoid legal liability — Insurer liable to pay for loss.

I (2012) CPJ 129 (NC)

Revision — Powers of Commission are very limited and have to be exercised only if there is some prima facie jurisdictional error in impugned order.

I (2012) CPJ 128

Airlines — Cancellation of flight — No prior intimation — No alternate flight arranged — It was bounden duty of appellant to arrange confirmed tickets for complainants for their hassle free journey — Compensation granted.

I (2012) CPJ 125

Insurance ( Life ) — Death before acceptance of policy — Proposal of policy was accepted after death of proposer — In such condition, complainant not entitled to amount covered under policy as same was not in consonance with Rules.

I (2012) CPJ 122

Airlines — Inordinate delay in taking off flight — Suffering due to substandard food provided — Non-availability of wheel chair — Delayed operation of flights by appellant airlines was not due to reasons beyond their control — Such delay could have been avoided by appellant if due diligence was exercised — Deficiency proved.

I (2012) CPJ 116

Motor Vehicle — Three-wheeler for cartage of goods — Defects in engine — Contention, when goods are obtained for resale or for any commercial purpose, the person ceases to be consumer unless goods bought and used by him are for earning his livelihood by means of self-employment — Accepted — Complainant is not a consumer.

I (2012) CPJ 110 (NC)

Goods — Manufacturing defect — For any manufacturing defect in product, it is the manufacturer and not the dealer who could be held liable.

I (2012) CPJ 107 (NC)

Limitation — Condonation of Delay — Real purpose of Section 14 of Limitation Act, 1963 is to extend period of limitation prescribed by adding period during which suit or other proceeding has been prosecuted with due diligence and in good faith in a Court which either on account of defect of jurisdiction or other cause of like nature, was unable to entertain it — This section however, does not help a person who is guilty of negligence, laches or inaction — Reliefs claimed in writ petition and reliefs claimed in consumer complaint are different — Complainant cannot get benefit of Section 14 of Act seeking condonation of delay.

I (2012) CPJ 101 (NC)

Insurance — Transfer of certificate — Vehicle stolen — No privity of contract between complainant and petitioner — Complainant did not get novation of contract of insurance in person or property — He did not have insurable interest on date on which vehicle was stolen — Insurance Company cannot be held liable to pay claim in case of own damage of vehicle — Repudiation justified.

I (2012) CPJ 98

Insurance — Accident — Surveyor appointed — Driving licence validity — Insurance Company cannot be held liable to pay compensation on account of damages of tractor as same being driven by complainant in violation of terms and conditions of insurance policy.

I (2012) CPJ 92

Consumer Dispute — Pricing of flats cannot be a consumer dispute.

I (2012) CPJ 79

Jurisdiction — Builders —Entire dispute was of business to business and not consumer to business — Barred by jurisdiction.

I (2012) CPJ 63

Jurisdiction — Electricity — Provisions of Electricity Act barred jurisdiction of Civil Court or Consumer Forum.

I (2012) CPJ 55

Insurance — Assessment of loss —Illegal deductions — Deductions made by Surveyor for possibilities of variation in quantities, rate and to cover other contingencies found illegal — Repudiation unjustified.

I (2012) CPJ 49 (NC)

Shipping — Auction of Consignment — Delay in Release — Demurrage and Storage Charges — Complainants appear to have made request for waiver on last day for payment of demurrage and storage charges, only to make out case of deficiency against OP, which does not stand substantiated — However, under RBI regulations, storage charges could not be remitted from India to any port authority outside India — OPs were not legally entitled to recover storage charges and are willing to refund same, OP directed to refund same.

I (2012) CPJ 47 (NC)

Electricity — Excessive bill — Tampering — Slow Meter — Inspection report was drawn up by OP in presence of petitioner, which was also signed by him — This report specifically noted that meter seals had been tampered with and meter was running about 50% slow — Correct course for consumer with a dispute regarding correctness of electricity meter or of billed electricity consumption would be to apply to Electrical Inspector designated — Petitioner had not adopted said course.

I (2012) CPJ 43

Medical Negligence — Substandard Treatment — Serious negligence and lapses on part of OP in not referring child to higher burn centre soon after administration of initial treatment — As per statement of Plastic Surgeon, treatment provided to child in OP-2 hospital was not standard treatment — Deficiency proved.

I (2012) CPJ 41

Telegraph — Special remedy is provided in Telegraph Act for resolution of disputes in respect of telephone bills — Since, special remedy available under particular Act, remedy under Consumer Act is barred.

I (2012) CPJ 38

Banking and Financial Institutions Services — Wrong Debit Entry — No deficiency on part of OP proved as for failure of machine, which is beyond human control.

I (2012) CPJ 36 (NC)

Insurance ( Life ) — Revival of Policy — Accident happened on date of reviving policy — Repudiation — Policy revived by authorized officers of petitioner, on spot, at special camp on payment of requisite amount — Assured paid all subsequent premiums for relevant period — In such circumstance, Petitioner was not justified in repudiating claim after reviving the policy and accepting premiums for relevant period — No co-relation between accident and revival of policy — Repudiation unjustified.

I (2012) CPJ 34

Limitation — Administrative and procedural delay — Contention that there was administrative and procedural delay in filing appeal rejected — As per provisions, Consumer Forum is under duty to dismiss complaint filed beyond period of limitation if sufficient cause of delay was not shown — Administrative or procedural delay in processing case cannot be considered as sufficient cause for condonation of delay.

I (2012) CPJ 31

Insurance — Fire — Delayed Intimation — As per general condition of policy, it was duty of insured to intimate Insurance Company immediately within 24 hours or in any event, within 14 days of happening of any insured event giving rise to or likely to give rise to any claim under this policy and to give written notice to company — Delay of five months never be pardoned, particularly when Insurance Company had been deprived of getting matter investigated by some qualified Surveyor and Loss Assessor and to assess loss — Repudiation justified.

I (2012) CPJ 29

Courier — Non-­delivery of Letter — There was privity of contract between complainant and appellant — Deficiency proved.

I (2012) CPJ 21 (NC)

Medical Negligence — Blood Transfusion — Infected Blood — Unauthorized Blood Bank — Blood for transfusion was purchased from respondent’s blood bank and disease was contracted during medically acknowledged period of incubation, confirms fact that it was because of contaminated blood that patient suffered Hepatitis B — Respondents were running unauthorized blood bank which casts adverse inference on safety standards observed in blood bank — Negligence proved.

I (2012) CPJ 20

Housing — Delayed Possession — Shortfall of Area — Substandard material — As per report of qualified Architect, deficiency of 145.34 sq. ft. in total builtup area proved — Lower quality of wood used — Deficiency in service established — Compensation granted.

I (2012) CPJ 19

Auction — Scheme to construct 42 shops — Respondent got layout changed and constructed 68 shops — Payment of proportionate amount to compensate shortage of accommodation provided by respondent.

I (2012) CPJ 19 (NC)

Insurance — Fire — Engine of lorry damaged due to fire — Repudiation of claim — If engine is taken out for carrying out some repairs then it does not cease to be part of motor vehicle i.e. lorry — It is too much on part of petitioner to contend that once a part is taken out it ceases to be covered under policy — Repudiation unjustified.

I (2012) CPJ 13 (NC)

Electricity — Connection — Dishonest abstraction — Already participated in availing process of adjudication of a dispute under a statute, a person cannot switch to alternative or additional remedy.

I (2012) CPJ 1

Jurisdiction — Commercial purpose — By no stretch of imagination, a private limited company could be treated as a person by which goods were bought and used or services were availed, exclusively for purposes of earning his/its livelihood by means of self-employment — Complaint not maintainable.

IV (2011) CPJ 111 (SC)

Accident— Assessment of Compensation — Victim suffers permanent disability, then efforts should always be made to award adequate compensation not only for physical injury and treatment, but also for loss of earning and his inability to lead a normal life and enjoy amenities, which he would have enjoyed.

IV (2011) CPJ 111 (SC)

Accident— “Compensation” — In case inAvolving total or partial disablement, compensation would include not only expenses incurred for immediate treatment, but also amount likely to be incurred for future medical treatment for a particular injury or disability caused by accident — Amount of compensation invariably includes pecuniary and non-pecuniary damages.

IV (2011) CPJ 74 (SC)

R.V. Raveendran, J.— Uphaar Cinema Tragedy:

Punitive Damages — Illegal Acts — Licensee is liable to return and reimburse profits from illegally installed seats.

IV (2011) CPJ 74 (SC)

Negligence — Compensation — Public Law Remedy — Quantum — Awarding compensation to large group of persons, by way of public law remedy.

IV (2011) CPJ 74 (SC)

R.V. Raveendran, J.— Uphaar Cinema Tragedy:

Negligence — Contributory — Apportionment — Death of 59 persons due to asphyxiation by inhaling noxious fumes/smoke — Payment of Compensation — Liability of Municipal Corporation of Delhi (MCD) and Licensing Authority — Liability shall be 85% on part of licensee and 15% on part of DVB.

IV (2011) CPJ 65 (SC)

Housing — Plot — Encroachment — Possession delivered to original allottee free from all encumbrances — Appellant not responsible — Orders set aside.

IV (2011) CPJ 684 (NC)

Insurance — Accident — Injury in spinal cord causing paralysis of her upper and lower limbs — Permanent disability — Claim repudiated — Benefit of 100% of the sum assured is available in case of “permanent total disablement” only — Disability certificate issued by Medical Board mentioned 50% disability — Complainant not entitled to get insurance amount.

IV (2011) CPJ 677 (NC)

Limitation — Failure to diagnose disease — Error of Judgment — Report of expert committee — No Negligence.

IV (2011) CPJ 669 (NC)

Auction — Consumer — Commercial plot — Possession not delivered — Deficiency in service in terms of failure of respondent to carry out assured development work is established.

IV (2011) CPJ 666 (NC)

Review — National Commission has power to review an order made by it or reconsider and recall ex parte order.

IV (2011) CPJ 650 (NC)

Securities — Shares — Sale and purchase — Notional and imposed loss — Consumer — Shares were sold by appellant without any instructions — Appeal dismissed.

IV (2011) CPJ 635 (NC)

Motor Vehicle — Certificate of sale — Manufacturing date disputed — Manufacturer not held liable — Compensation payable by dealer only.

IV (2011) CPJ 579 (NC)

Insurance — Theft — Recovered in bad condition — No insurable interest — Policy is not transferred in name of transferee — Company not liable to pay claim in own damage of vehicle — Repudiation justified.

IV (2011) CPJ 568 (NC)

Airlines— Cargo not delivered — Full payment made by purchaser — Complainant in financial liability — Compensation granted — No commercial purpose involved.

IV (2011) CPJ 557 (NC)

Insurance — Delay in lodging claim — Claim repudiated — Respondent had charged premium @ Rs. 100 from each of depositors, liability of Insurance Company would be Rs. 3 lacs to each of the account holders and not 50% in case of joint account holders.

IV (2011) CPJ 553 (NC)

Housing — Membership — Excess price of type-C flat collected — Fntitled for refund of interest charged, subsequent to year 2000, as by that time respondent had already paid original cost of changed category flat.

IV (2011) CPJ 159

Printer — Manufacturing defects — Repair — Damages towards financial loss, harassment — Installed at registered office of complainant — Not a commercial purpose.

IV (2011) CPJ 153

Motor Vehicle — Accident — Warranty Period — Repair charges collected — Refund of repair charges.

IV (2011) CPJ 151

Insurance — Organization can file a complaint against persons/body or corporation like appellant in interest of general public.

IV (2011) CPJ 151

Advertisement — Displayed or exhibited on buses — Unfair Trade Practice — Consumer — Contrary to Rule 127, Karnataka Motor Vehicles Rules, 1989 — Divert or distract attention of drivers of other vehicles on road — Compensation reduced.

IV (2011) CPJ 148

Banking and Financial Institutions Services — Loan — Purchase of computer — Insurance — Breakdown — Duty of bank to get all required risks covered under insurance cover.

IV (2011) CPJ 146

Service of Notice — Registered AD not received back undelivered — Period of more than one month passed — Deemed service — Proceeded against ex parte.

Sunjay Biotech Solution Pvt. Ltd. v. Navdeep Bioceuticals —IV (2011) CPJ 146

IV (2011) CPJ 142

Club — Membership — Free air tickets and food vouchers not provided — Facilitation of booking of complimentary holidays not done — Unfair trade practice — Annual subscription fee charged — Non-booking of resort even after request, complainant could neither get air ticket booked nor able to use food vouchers — Complainant got frustrated and did not deposit annual subscription fee — Refund (Amount already deposited) with interest allowed.

IV (2011) CPJ 141

Insurance — Death by murder — Respondent herein did not object to findings of Forum in another case the death of insured was accidental — Principle of estoppel will stand in their way of taking a reverse stand in present case — Repudiation unjustified.

IV (2011) CPJ 130

Insurance ( Life ) — Death of Insured — Suppression of material facts — Claim repudiated on ground of concealment of physical disability/disorder — Accepting the premium and entering into agreement, Insurance Company cannot wriggle out of liability — Insurance policies should not be issued and repudiated in such casual and mechanical manner.

IV (2011) CPJ 123

Limitation — Condonation of delay — Delay of 361 days — Reason for delay is administrative and procedural — Not sufficient and convincing.

IV (2011) CPJ 515 (NC)

Insurance — Burglary — Surveyor appointed — Loss assessed — Claim repudiated — Exclusion clause — It is not necessary that person present at premises should necessarily be an employee of insured — It cannot be comprehended that security guard is not a lawful person in a business premises.

IV (2011) CPJ 496 (NC)

Jurisdiction — Pensionary benefits denied — Forum is not the appropriate authority because complainant cannot be treated as a consumer qua his employer.

IV (2011) CPJ 486 (NC)

Medical Negligence — Pregnancy period — Labour pains — Uterus membrane ruptured — Undue physical pressure exerted — Baby died — It is not legally permissible to hold doctor guilty merely because one set of medical literature not recommending use of Tramadol injection for labour pain relief since there is another opinion holding that administration of this analgesic is unlikely to have caused respiratory distress — Deep sympathies to complainant for their loss.

IV (2011) CPJ 481 (NC)

Builder — Development agreement entered — Breach of — Consumer — Statutory obligation not carried out.

IV (2011) CPJ 478 (NC)

Insurance — Fire — Stock gutted — Surveyor deducted 25%, not acceptable — Arbitrary deduction of 10% by State Commission acceptable.

IV (2011) CPJ 462 (NC)

Insurance — Fire — Surveyors appointed — Claim repudiated — No evidence to prove the same — There exist several circumstances on record which would leave no doubt that fire was accidental and loss occasioned due to fire is fully covered under Insurance Policy.

IV (2011) CPJ 458 (NC)

Insurance — Surveyor report — Forum has not given any cogent reasons to discard report of licensed surveyor and simply accepted version of complainant in respect of loss admissible as per rules — Mere production of bills or estimates cannot be the basis for discarding report of surveyor.

IV (2011) CPJ 458 (NC)

Surveyor Report — Forum has not given any cogent reasons to discard report of licensed surveyor and simply accepted version of complainant in respect of loss admissible as per rules — Mere production of bills or estimates cannot be the basis for discarding report of surveyor.

IV (2011) CPJ 457 (NC)

Practice and Procedure — Appeal had been filed against same order of Forum — Appeal had earlier been disposed of on merits by State Commission order which was not challenged and hence became final.

IV (2011) CPJ 455 (NC)

Jurisdiction — Consumer — Commercial space — Any person who avails services from a service provider for commercial purpose is not entitled to invoke jurisdiction of Consumer Fora.

IV (2011) CPJ 414 (NC)

Determination of Compensation — Multiplier method provided under Motor Vehicles Act for determination of compensation is only proper and scientific method for determination of compensation even in cases where death of patient has been occasioned due to medical negligence.

IV (2011) CPJ 414 (NC)

Apportionment of Awarded Compensation — Medical negligence — No strait-jacket formula.

IV (2011) CPJ 414 (NC)

Compensation — Foreign Courts award vis-a-vis Indian Courts award.

IV (2011) CPJ 414 (NC)

Medical Negligence — Wrongful treatment — Contributory negligence — Apportionment of liability — Supreme Court held medical negligence and remanded matter for deciding adequate compensation.

IV (2011) CPJ 411 (NC)

Housing — Allotment cancelled — Delay in payment of last instalment — Amount charged for delay highly disproportionate — Taking this into account quantum of lump sum compensation enhanced.

IV (2011) CPJ 398 (NC)

Negligence — Consumer — Restaurant roof collapsed — Absence of due care in maintenance of building, upkeeping of structure resulted into collapse — Service rendered at restaurant not only includes the service of quality food, proper service of waiters but also includes comfortable and safe infrastructure for consumption of eatables — Service of boarding is covered by Section 2(1)(o) of Act — Deficiency in service proved — Compensation awarded.

IV (2011) CPJ 392 (NC)

Plot — Allotment — Cancellation — Departmental Appellate Authority — Consumer Fora cannot sit on judgment after a consumer has adopted some route on his own free will to get relief from another competent Forum.

IV (2011) CPJ 390 (NC)

Banking and Financial Institutions Services — Agricultural loan — Death of ‘AS’, wife claimed for Rs. 1 lakh under Agricultural Securitization Scheme after deduction of loan amount — Failure to pay — Technical objections will not make any difference — Revision dismissed.

IV (2011) CPJ 385 (NC)

Shipment — Cargo — Delay in transportation — Specific time frame for delivery of consignment at Durban and also informed reason why consignment had to reach Durban in time — Negligence and deficiency in service on part of each respondent is writ large — Compensation enhanced.

IV (2011) CPJ 380 (NC)

Medical Negligence — Wrongful surgery — Patient expired — Attempted to manipulate indoor register record — Medical negligence is not only related to negligence in treatment of patient but is inclusive of impropriety in dealing with patient by conducting DNC procedure without preparing any record about the same — Negligence proved — Cost imposed.

IV (2011) CPJ 378 (NC)

Insurance — Theft — Insurance value of motor vehicle mentioned on which premium paid — No reduction in value of motor vehicle — Surveyor report purely guesswork and hearsay.

IV (2011) CPJ 376 (NC)

Education — Transfer to another institute — Entire fee for remaining years charged — Refund of fees — No loss to institution even course left in midstream — No bond/bank guarantee taken from respondent to effect that balance fee for whole course would be received by petitioner’s institute even if respondent left in the midstream — Part relief given to institution justified.

IV (2011) CPJ 361 (NC)

Medical Negligence — Post-operative treatment — Patient expired — Contract of bacterial infection in a timely manner it would not have led to septicemia which eventually caused death of patient — Negligence proved.

IV (2011) CPJ 358 (NC)

Medical Negligence — Surgery of nose performed — Serious complications post-surgery — Continuous cause of action — Continuous medical consultation and treatment between the alleged surgery in 2002 and the filing of the consumer complaint in 2004 — Matter remanded for fresh consideration.

IV (2011) CPJ 356 (NC)

Housing — Allotment under disabled persons quota — Instalment facility for paying balance cost — Initial scheme envisaged payment of balance cost of house in a number of instalments — Petitioner should grant facility of instalment payment.

IV (2011) CPJ 354 (NC)

Limitation — Continued cause of action — Allotment — Cancellation — Refund of amount — Set-off against cost of new plot — Complainant continued to have valid and continuing interest in allotment of alternative plot of land in lieu of that under cancelled scheme.

IV (2011) CPJ 343 (NC)

Equity — Principles — No leniency should be shown to litigants who in order to cover up their own fault and negligence, goes on filing meritless petitions — Such unscrupulous litigants whose only aim and object is to deprive opposite party of the fruits of decree must be dealt with heavy hands.

IV (2011) CPJ 338 (NC)

Education — Discontinuation of course — Refund of amount — When all the 10 seats were filled up and one seat could not be filled up due to absence of response from fourth candidate, it cannot be said that respondents suffered financial loss due to withdrawal of petitioner in middle of educational year.

IV (2011) CPJ 323 (NC)

Insurance — Accident claim — Surveyor appointed — Claim repudiated — Principle of indemnity does not permit complete renewal of bus body when appropriate repairs would reinstate the insured bus to its pre-accident status — Surveyor’s assessment based on such repairs cannot be thrown overboard merely on ground that insured complainant chose instead to get the bus body completely replaced.

IV (2011) CPJ 318 (NC)

Electricity — Excess sanctioned load — Disconnection— Service of mandatory notice has not been proved by petitioner.

IV (2011) CPJ 314 (NC)

Airlines —Preponement charges — Delay in boarding — Non-joinder of parties — Agent had implicit authority to collect entire cost of ticket on behalf of principal — Not open to appellant to claim that they are not responsible for lapse of agent — Non-joinder of travel agent as a party to proceedings before State Commission does not arise — Compensation granted.

IV (2011) CPJ 309 (NC)

Medical Negligence — Improper Diagnosis — Improper treatment — Evidence produced by respondent in respect of his subsequent treatment, surgery and medical opinion of doctors are adequate proof in support of his case of medical negligence against the petitioner/doctor — Negligence proved — Order of State Commission upheld.

IV (2011) CPJ 300 (NC)

Motor Vehicles — Manufacturing defect — Unfair trade practice — Old car given and not brand new one manufactured in 2000 — Manufacturer only held guilty of compensation granted for mental agony and harassment caused.

IV (2011) CPJ 294 (NC)

Insurance — Accident claim — Surveyor appointed — Claim repudiated — Contention not accepted — Cost of Rs. 50,000 imposed on Insurance Company.

IV (2011) CPJ 285 (NC)

Land — Purchased — Not registered — Refund of amount with interest and cost.

IV (2011) CPJ 280 (NC)

Medical Negligence — Wrongful Surgery — Patient expired — In a complicated case, without support of any expert’s opinion, complainant’s case of alleged medical negligence cannot be accepted only on basis of her affidavit or some entries in medical record — Negligence not proved.

IV (2011) CPJ 276 (NC)

Insurance — Fire — Stocks gutted — Claim repudiated on account of fraud not accepted — Fabricated/objectionable Bills deducted by surveyor — Entire claim cannot be repudiated.

IV (2011) CPJ 273 (NC)

Insurance — Fire — Stocks gutted — Wrong assessment by surveyor — Damage to building extensive yet loss assessed by surveyor not realistic.

IV (2011) CPJ 268 (NC)

Medical Negligence — Lack of infrastructure — Not accepted — Primary health care with basic medical facilities supported by availability of a hierarchy of higher levels of medical treatment in appropriate cases is generally accepted model of public health facilities — No negligence.

IV (2011) CPJ 268 (NC)

Medical Negligence — Wrongful treatment — No medical literature cited or furnished by appellant — OPs have produced wide range of medical literature from reputed sources to rebut said allegation — Negligence not proved.

IV (2011) CPJ 267 (NC)

Insurance — Accident claim — Vehicle overloaded — Breach of policy conditions — Overloading of passengers led to higher momentum of mini bus which could not be controlled and led to the impact and caused extreme damage.

IV (2011) CPJ 261 (NC)

Insurance ( Life ) — Suppression of material facts — Full premium not paid before death — No proposal had come into force — Repudiation justified.

IV (2011) CPJ 99

Execution — Limitation — Restoration — Fresh execution — Forum dismissed application — Hence appeal — Limitation for giving an execution application under law is 12 years — Decree holder can give more than one application and need not ask for restoration because a fresh application can be entertained — Decree holder may file fresh execution application before District Forum.

IV (2011) CPJ 97

Sterilization — Unwanted pregnancy occurred — Non-consumer dispute — Methods of sterilization are not hundred percent safe — Unwanted pregnancy can be terminated and is legal and permissible under Medical Termination of Pregnancy Act, 1971 — Unreasoned judgment quashed.

IV (2011) CPJ 91

Medical Negligence — Chemotherapy — Ulcer developed at point of injunction of chemotherapy — Doctor must give prescription with proper instructions to patient.

IV (2011) CPJ 88

Jurisdiction — Tubewell — Failed to pump water — Refund of amount — Questions to be decided by Fora being complex and complicated, their proper adjudication would require recording of detailed and voluminous evidence as well as examining of expert witnesses — Remedy in Civil Court.

IV (2011) CPJ 85

Consumer — Locus standi — Complainant not a nominee under policy but is a legal heir and could have made an insurance claim — She is a consumer and has locus standi to file consumer complaint.

IV (2011) CPJ 62 (SC)

Jurisdiction — Remedy available with Authorities — When an allottee files an Appeal or avails the remedy available with the Authorities he cannot move the forum/State Commission/National Commission, III (2006) CPJ 136 (NC).

IV (2011) CPJ 62 (SC)

Auction — Interest — Purchase of shop — Further amount not paid — Appeal filed before Administrator — Matter remanded to National Commission in view of Surinder Mohan v. Municipal Corporation and Anr., III (2006) CPJ 136 (NC).

IV (2011) CPJ 62

Practice and Procedure — Document — District Forum failed to analyse document and not given opportunity to parties to contest case — Matter remanded back.

IV (2011) CPJ 55

Insurance — Theft — Claim time-barred — Claim repudiated — Claim remained undecided, cause of action will continue till Insurance Company pays or rejects the claim.