Transfer Of Insurance Policy Must Be Within 14 Days Of Transferring Ownership Of Vehicle : Uttarakhand State Commission

The State Consumer Disputes Redressal Commission, Uttarakhand bench comprising Ms Kumkum Rani (President) and Mr B.S. Manral (Member), allowed an appeal filed by National Insurance Company Limited. The allegations against the Insurance Company involved the repudiation of an accidental claim based on the absence of the Complainant's name in the insurance policy. The bench held that...

Subrogation of Rights By Commercial Entity Doesn't Extend Status Of 'Consumer' To Subrogee, NCDRC Allows Appeal Filed By East India Transport Agency

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising J. Rajendra (Presiding Member) held that an entity engaged in commercial activities solely for the purposes of profit-making cannot be said to be covered under the definition of a 'consumer' under the Consumer Protection Act, 2019. Even if the commercial entity subrogates its right to recover the amount to a...

Maharashtra RERA Releases Order Mandating Detailed Disclosure Of Amenities In Sale Agreements

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has released order mandating builders to disclose the details about the amenities to homebuyers that will be provided to them in the project in sale agreements.Important Points Detailed Listing of Facilities/Amenities: Builders are required to specify all facilities and amenities provided in the building, common areas,...

Can't Repudiate Genuine Insurance Claims Based On Delayed Intimation, NCDRC Dismisses Revision Petition Filed By United India Insurance Company

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr J. Rajendra (Presiding Member) held United India Insurance Company liable for wrongfully repudiating a valid insurance claim of a stolen tractor based on a delayed intimation of 10 days. The NCDRC held that delay in intimation of claim was no longer an issue in insurance disputes. Brief Facts: On 18th...

Delhi State Commission Holds Bajaj Alliance General Insurance Liable For Deficiency In Service Due To Denial Of Insurance Claim Over Policy Violation

Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside member Ms. Pinaki, held that even in cases where the insured violates their insurance policy terms, the insurance claim can resolved, though with modified conditions. Brief Facts of the Case The The complainant's father purchased a Santro car to gift to her upon her marriage. The...

Indiscriminate Appointment Of Surveyors By Insurance Companies To Get Favorable Report Violates IRDA Regulations: NCDRC

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Subhash Chandra (Presiding Member) and Sadhna Shanker (Member) held that insurance companies cannot appoint surveyors indiscriminately solely to get a favourable report. The appointment of multiple surveyors without any reasonable cause was held to violate the IRDA Regulation No. 64. Brief...

Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Over Delay In Handing Over The Flat By More Than 15 Years

Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside member Ms. Pinaki, held that if possession is not delivered within 42 months or beyond 48 months, it constitutes a deficiency in service on the part of the builder Brief Facts of the Case The complainant booked a flat in the “TDI CITY” project developed by TDI Infrastructure...

Insurance Contracts Are Based On Principle Of 'Utmost Good Faith', Insured Under Obligation To Disclose All Material Facts In Proposal Form: NCDRC

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr Subhash Chandra (Presiding Member) and Dr Sandhya Shanker (Member) held that if the insured fails to disclose all material facts in the proposal form, the claim is liable to be repudiated irrespective of whether the cause of death was related to the non-disclosed facts or not. The bench held that...

Rejection Of The Health Insurance Claim Cannot Be Based Solely On Assumption Of Pre-Existing Condition: Delhi State Commission

Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside members Ms. Pinaki and Mr. J.P. Agrawal, held HDFC Insurance liable for deficiency in service over the rejection of a health insurance claim solely on the presence of non-communication of pre-existing conditions. Brief Facts of the Case The complainant's husband applied for an...

The Burden Of Proving Medical Negligence Lies With The Claimant: Delhi State Commission

Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside members Ms. Pinaki and Mr. J.P. Agrawal, dismissed a complaint against Max Super Speciality Hospital and held that mere claims lacking supporting evidence cannot be regarded as valid proof and burden of proof to prove a medical negligence lies with the claimant. Brief Facts of...

Exclusion Of Coverage For Injuries Sustained During Initial Days Of Policy Issuance Is Illegal, Uttarakhand State Commission Holds Birla Sun Life Insurance Co. Liable

The State Consumer Disputes Redressal Commission, Uttarakhand bench comprising Ms Kumkum Rani (President) and Mr B.S. Manral (Member) held Birla Sun Life Insurance Company liable for repudiating a valid claim based on an unreasonable policy clause excluding coverage for injuries sustained within 90 days from the issuance of the policy. It was directed to reimburse the claim amount of...

Karnataka State Commission Remands Matter Back To District Commission Owing To Discrepancies, Suggests Appointment Of Assessor By District Commission For Inspection

The State Consumer Disputes Redressal Commission, Karnataka bench comprising Justice Huluvadi G Ramesh (President), Mr K.B. Sangannanavar (Judicial Member) and Mrs M. Divyashree (Member) remanded a matter back to the Mysuru District Commission as several discrepancies were noted in the Complainant's statement, engineer's report, and receipt of payment. The State Commission held that...