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...

Insured Has A Duty To Disclose Pre Existing Aliments To Insurer : NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the contracts of life insurance are based on utmost good faith and the insured has a duty to disclose all material information, including pre existing ailments to the insurer. Brief Facts of the Case The complainant filed a death claim to Bajaj Insurance/Insurer for his wife's...

Consumer And Criminal Proceedings Are Distinct From Each Other with Respective Jurisdictions: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the compensation granted by the consumer commission is not akin to a criminal sentence or punishment. Unlike criminal courts, which demand proof beyond a reasonable doubt for culpable offenses, consumer complaints about service deficiencies or unfair trade practices operate under...

In Revision Jurisdiction, National Commission Can Interfere only In Cases of Substantial Jurisdictional Error: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the Commission can only interfere in orders by the State Commissions and the District Forums if there is a scope of illegality, material irregularity, or jurisdictional error. Brief Facts of the Case The complainant applied for a ration card through the Opposite Party (OP)...

Benefit Of Doubt Must Go In Favour Of Passenger In Case Of Ambiguity In Railway Guidelines: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Eastern Railways liable for deficiency in service due to treating a passenger as ticketless because of ambiguity in their own stated guidelines.Brief Facts of the Case The complainant alleged that he was physically assaulted by railway personnel despite holding a valid ticket while traveling to New...

NCDRC Holds United India Insurance Liable For Deficiency In Service Due To Denial Of Insurance Claim Citing Policy Ambiguity

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the insurance policies should be interpreted broadly to align with reasonable expectations of the insured. Brief Facts of the Case The complainant's husband applied for a loan of Rs.10.00 lacs from Syndicate Bank for house construction. The bank sanctioned the loan with a...

Telangana RERA Orders Builder To Fix Structural Defect Arising Out Of Project

Telangana Real Estate Regulatory Authority (TSRERA) bench, consisting of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has directed the builder to rectify the structural defects related to construction quality and amenities arising from the project following the transfer of possession to the homebuyers, as per Section 14(3)...