Consumer Cases
Banks Cannot Disown Liability For Locker Contents: NCDRC Holds Central Bank Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that banks must ensure safety and security to prevent incidents and cannot deny responsibility for the locker's contents. Brief Facts of the Case The complainant maintained a locker with the Central Bank of India, paying the annual rent regularly. Thieves stole the complainant's ornaments...
Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held that the surveyor's report in an insurance incident can only be rejected based on pervasiveness and arbitrariness Brief Facts of the Case The complainant had availed a Standard Fire and Special Perils Policy covering machinery, stocks, and buildings from the United India Insurance/insurer...
MahaREAT Refuses To Adjudicate Homebuyer's Appeal Due To Ongoing Injunction Issued By Pune Civil Court
The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), refuses to adjudicate the homebuyer's appeal concerning registration of a real estate project due to the ongoing injunction issued by the Pune Civil Court prohibiting the builder from doing any construction on...
Insurer Has Discretion To Reject A Surveyor's Report If It Is Arbitrary Or Unreasonable: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal against New India Assurance, citing the complainant's failure to demonstrate any arbitrariness or perversity in the insurer's rejection of the surveyor's report. Brief Facts of the Case The complainant, a company incorporated under the Companies Act, 1956 and a distributor...
Concealment Of A Non-Life-Threatening Condition Not Causing Death Should Not Invalidate An Insurance Claim: NCDRC
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held Life Insurance Corporation liable for deficiency in service over invalidating an insurance case citing non-disclosure of prior non-life-threatening health conditions. Brief Facts of the Case The deceased husband of the complainant purchased two life insurance policies from the Life...
Builder's Failure To Transfer Maintenance Funds Collected From Association Members Constitutes A Deficiency In Service: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held Canon Properties liable for deficiency in service for withholding maintenance charges from the flat owners. Brief Facts of the Case The Complainant's Association/Dum Dum Club Town Residents Association argued that during the development and sale of the property, Canon...
Concurrent Findings Of Facts , National Commission Refuses Interference In Revision Petition By United India Insurance Co: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the revisional jurisdiction of the National Commission under Section 21(b) is limited in nature and can only be exercised when the State Commission has either exercised a jurisdiction not vested in it by law, failed to exercise a jurisdiction so vested or acted with material...
Insurer's Liability Is Determined Based On Strict Interpretation Of Terms Of Contract, No Deviation Allowed: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the terms in an insurance contract should be strictly adhered to with no scope of deviation from these terms. Brief Facts of the Case The complainant purchased a LIC Jivan Anand With Profits (With Accident Benefit) policy from the Life Insurance Policy/insurer with a sum assured...
MahaRERA Directs Kalpataru Radiance Project To Refund Money With Interest Or Pay Monthly Interest To Homebuyers Choosing To Stay
In a relief to Homebuyers, Maharashtra Real Estate Regulatory Authority (Authority) Bench, comprising of Ajoy Mehta (Chairperson), has directed the builder to refund the amount with interest to homebuyers opting to withdraw and to pay monthly interest to homebuyers choosing to stay invested in the Kalpataru Radiance Project. Background Facts All sixteen homebuyers (Complainant Sr. No...
MahaREAT Dismisses Homebuyer's Application For Condonation Of 225-Days Delay In Filing Appeal
The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has dismissed the homebuyer's application for condonation of a 225-day delay in filing the appeal, concluding that the explanation provided for the delay is not satisfactory. Condonation of delay means...
Delay In Processing Revival Of Policy After Receiving Premium Is Insurer's Fault: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that IDBI Federal Life Insurance liable for deficiency in service due to denial of revival of the policy even after receiving the premium amount from the insured. Brief Facts of the Case The complainant's husband held an insurance policy under the IDBI Federal Loan Insurance Group Life...
Doctors Cannot Be Deemed Negligent For Choosing One Acceptable Medical Procedure Over Another, Even If Outcome Is Unfavorable: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that medical opinions may vary on the appropriate course of action for treating a patient, but if a doctor follows acceptable medical practices and the court determines that they provided care with due skill and diligence, it is challenging to deem the doctor negligent even if the patient...