Consumer Cases
Limitation Period Under Policy Is Shorter Than Statutory Period For Filing Complaint, Unenforceable And Void: NCDRC Holds Oriental Insurance Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), held that the Consumer Protection Act 1986 provides a two-year limitation period for filing a complaint, and the insurer cannot reduce it through a policy clause. Brief Facts of the Case The complainant established a husk and coal-based Power Plant, which...
No Evidence Of Negligence Or Deficiency: Chandigarh District Commission Dismisses Complaint Against Ivy Hospital Alleging Surgery Without Consent
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench of Pawanjit Singh (President), Surjeet Singh (Member), and Suresh Kumar Sardana (Member) dismissed a complaint against Ivy Hospital and its doctor alleging Total Laparoscopic Hysterectomy without the Complainant's knowledge. The bench held that the Complainant failed to provide any evidence of negligence...
Chandigarh District Commission Holds Vistara Liable For Denying Boarding To Passengers With Valid Tickets
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench of Pawanjit Singh (President), Surjeet Singh (Member), and Suresh Kumar Sardana (Member) held Vistara Airlines liable for deficiency in services and unfair trade practices for preventing Complainants from boarding even when they possessed valid tickets from London to India. Brief Facts: The...
Builder's Liability For Delayed Possession Ends With Valid Possession Offer: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that a builder cannot be asked to compensate for late possession beyond the date of the offer of possession. Brief Facts of the Case The complainant booked a flat with Jaiprakash Associates/builder and had alleged a delay in handing over the possession of the flat. The complainant...
UP RERA Issues Public Notice For Builders To Attend Online Hearing Of 28 Complaints
Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has issued a public notice in newspapers, directing builders from various districts of the state to attend and present their case in the online hearing of 28 complaints scheduled on different dates in the upcoming month. UP RERA's public notice serves as a final reminder for builders who have repeatedly missed...
Unsuccessful Treatment Or Differing Opinions Does Not Equate To Medical Negligence: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Binoy Kumar, dismissed a complaint against Medanta Hospital and ruled that an unfavorable outcome of treatment alone or a divergence in professional opinion does not amount to negligence on the part of the medical professionals as long as they're acting as per the accepted practice. Brief Facts of the Case...
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...