Insurer's Failure To Disclose Exclusion Clause Makes It Unenforceable : NCDRC

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member) in an appeal by Bajaj Allianz Life Insurance held that insurer's failure to communicate an exclusion clause to the insured makes that clause non-binding in nature. Brief Facts of the Case The complainant obtained two home loans totaling ₹28,95,000 and ₹48,60,000...

Employer Should Be Regarded As Agent Of Insurer, Necessitating Protection Of Life Assured's Interests: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, held Life India Corporation and the employer of the insured liable for deficiency in service over denial of insurance claim citing non-payment of premium by the employer. Brief Facts of the Case The complainant was the wife and the nominee of the late husband, an employee...

Builder Failed To Hand Over Possession Even After Delay Of 11 Years, Haryana RERA Orders Refund To Homebuyer With Interest

Haryana Real Estate Regulatory Authority (Authority), Panchkula bench, comprising of Dr. Geeta Rathee Singh (Member) and Chander Shekhar (Member), has directed the builder to refund the amount paid by the homebuyer to purchase a flat with 10.85% interest, after the builder failed to hand over possession even after a delay of eleven years. Background Facts The builder...

Death By Poisoning Has to Be Based On Substantial Evidence: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, allowed a petition by Life Corporation Of India and overturned the order by the State Commission. It was held that, in an insurance claim, death by poisoning has to be based on substantial evidence, which the State Commission did not have. Brief Facts of the Case The husband of the...

Mere Correspondence Cannot Prolong Limitation Period; Insurance Complaints Should Be Filed Within Prescribed Timeframe: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker(member), dismissed an appeal against New India Assurance and held that insurance claims have to be filed within the stipulated time and mere correspondence does not extend the limitation period. Brief Facts of the Case The complainant, a wholesale trader of FMCG goods,...

Suggestion By Commission To File A Fresh Complaint If Dissatisfied From Repairs Unnecessarily Prolongs Litigation: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice A. P. Sahi, in an appeal against Padam Graphics for a defective machine, held that the State Commission's suggestion to file a fresh complaint if dissatisfied with the repairs is redundant and serves to prolong litigation unnecessarily. It was further held that instead of dismissing the complaint by asking...

MahaREAT Orders Builder To Pay Interest To Homebuyer For Delay In Providing Possession

The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has directed the builder to pay interest to the homebuyer for the delay in providing possession of the flat. As per the agreement for sale, the builder was supposed to hand over possession of the flat by 31st...

Karnataka RERA Orders Builder To Pay 48 Lakh Rupees To Homebuyer As Interest For Delay In Handing Over Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed the builder to pay forty-eight lakh rupees to the homebuyer as interest for the delay in handing over possession of the flat. As per the agreement, the builder was supposed to hand over possession by March 2019. Background Facts The Homebuyer (Complainant) purchased a flat in...

Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Justice A. P. Sahi held Emaaar MGF Land liable for deficiency in service due to delay in handing over the possession of the flat booked. Brief Facts of the Case The complainant booked a flat in the Gurgaon Greens project by Emaar MGF Land/builder by paying an initial amount. However, the builder failed...

Collecting More Amount Than Agreed Amount As EMI: NCDRC Holds Central Bank Of India Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Inder Jit Singh held that a bank cannot change the agreed EMI amount on its own. Furthrmore, It was also held that a plea cannot be raise later in a subsequent higher court if it hasn't been raised in the initial pleadings and no related issue are framed on it. Brief Facts of the Case The complainant, an employee...

Builder Cannot Forfeit Earnest Money If Possession Not Offered Within Stipulated Time: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, held that forfeiture of earnest money cannot be done if possession is not offered within the stipulated time to the party in question. Brief Facts of the Case The builder advertised “Puram Premium Apartment,” promising high-end living. The Complainant booked a flat, paying Rs. 6,90,000...

Buyers Cannot Be Made To Wait Indefinitely For Possession: NCDRC Holds VGN Projects Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held VGN Projects Estates liable for deficiency in service over delayed possession of the booked flat to the owner. Brief Facts of the Case The complainant and his wife entered into agreements with VGN Projects Estates//builder to purchase and construct an apartment in the “CGN...