Consumer Cases
Surveyor's Report To Be Given Importance In Insurance Claim Cases: NCDRC Modifies State Commission's Order Against New India Insurance Company
The National Consumer Disputes Redressal Commission, presided over by Mr. Subhash Chandra and AVM J. Rajendra, held New India Insurance Company liable for deficiency in service. The Commission, however, modified the state commission's order against the insurance company, calling it excessive, while complying with the amount mentioned in the surveyor's report. Brief Facts of...
Trading In Shares Profit-Making Activity, Falls Outside Consumer Act's Scope: NCDRC Dismisses Complaint Against M/S Unique Brokers
The National Consumer Disputes Redressal Commission, presided over by AVM J. Rajendra and Justice Mrs. Saroj Yadav, held that share trading and portfolio services are commercial in nature and not consumer services. Hence, they do not fall under the scope of the Consumer Protection Act 1986. Brief Facts of the Case The complainant invested ₹26,50,000 with a firm of brokers named...
Disputes Involving Fraud, Other Complex Matters Can't Be Discussed By Consumer Fora: NCDRC
The National Consumer Disputes Redressal Commission, presided over by Mr. Inder Jit Singh and Dr. Sadhna Shanker, held that complex matters like civil and criminal disputes doe not fall under the ambit of Consumer Protection Act 1986. Brief Facts of the Case The complainants first bought a small plot at Undri, Pune, for ₹18 lakhs from Shree Vinayaka Developers/developer and got...
Delhi State Commission Holds Air Force Naval Housing Board Liable For Delay In Delivery Of Flat To Indian Air Force Officer
The Delhi State Consumer Disputes Redressal Commission bench comprising Pinki, Judicial Member and Bimla Kumari, Member has held Air Force Naval Housing Board liable for deficiency in service for delay in handing over possession of housing flat to an Indian Air Force officer and sitting over his hard-earned money for an indefinite period. Brief facts: The complainant was...
Overloading Can't Be Fundamental Breach Of Insurance Policy, NCDRC Directs Bharti Axa To Pay Partial Amount
The National Consumer Disputes Redressal Commission (“NCDRC”) bench of AVM J. Rajendra (Presiding Member) and Mr Justice Anoop Kumar Mendiratta (Member) held 'Bharti Axa General Insurance Company' liable for wrongfully repudiating the full claim amount based on overloading of the insured van at the time of the accident. The NCDRC held that overloading of the vehicle does not amount to...
Burden To Establish Breach Of Duty, Injury, Causation Lies On Claimant In Medical Negligence Cases, NCDRC Allows Fortis Hospital's Appeal
The National Consumer Disputes Redressal Commission (“NCDRC”) bench of Dr Inder Jit Singh (Presiding Member) and Dr Sadhna Shanker (Member) allowed an appeal filed by 'Fortis Hospital' challenging the order of the State Commission which directed the Hospital to pay Rs. 15 Lakh for medical negligence. The NCDRC held that the Complainant failed to establish a breach of duty, injury...
Delay Of Four Years In Claim Repudiation: NCDRC Holds National Insurance Company Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided over by Dr. Inder Jit Singh and Dr. Sadhna Shanker Jain, held that the repudiation of claim after expiry of four years from the date of filing amounts to deficiency in service. Brief Facts of the Case The complainant, engaged in warehousing and collateral management, had taken a fidelity guarantee policy from...
Strict Enforcement Of Insurance Terms: NCDRC Dismisses Complaint Against National Insurance Company
The National Consumer Disputes Redressal Commission, presided over by Mr. Subhash Chandra and AVM J. Rajendra, held that insurance terms must be strictly enforced. It also stressed the importance of a surveyor's report in insurance claim cases. Brief Facts of the Case The complainant had purchased a fire insurance policy from National Insurance Co. Ltd./Insurer for stock...
Compensation Must Be Based On Actual Value At The Time Of Loss: NCDRC Holds New India Assurance Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided over by Dr. Inder Jit Singh and Dr. Sudhir Kumar Jain, held that the insurance compensation should match the real value of the goods on the date of the loss, not assumptions. Brief Facts of the Case The complainant, running an authorised Ashok Leyland service centre, had taken a Shopkeeper's Insurance Policy from New...
Uttarakhand State Commission Holds Iffco Tokio General Insurance Liable For Wrongful Repudiation Of Claims
The State Consumer Disputes Redressal Commission, Uttarakhand, Dehradun bench comprising Kumkum Rani, President and C.M. Singh, Member has held IFFCO Tokio General Insurance Co. Ltd for wrongfully repudiating the claim of the complainant on the ground that the reason of death of the insured was not covered under the insurance policy. Brief facts: Complainant's husband availed a loan...
Acting As Real Estate Agent Without Registration, Telangana RERA Imposes Rs. 3.69 Lakh Penalty
Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member) imposed a penalty of Rs. 3.69 Lakhs on Mr. Sikha Balaraju and his two companies for acting as real estate agents without registration, which is a statutory requirement under Section 9 of the RERA Act,...