Insured Should Take All Reasonable Steps To Safeguard The Vehicle Insured From Loss Or Damages; Reiterates SCDRC Chandigarh

The bench of State Commission Chandigarh comprising Justice Raj Shekhar Attri, President, Padma Pandey, Member and Rajesh K. Arya, Member, has relied upon the case of Reliance General Insurance Company Ltd. vs. Daljeet Singh Kashmeer Singh Batth where it was stated that, "the insured should take all reasonable steps to safeguard the vehicle insured from loss or damages." In this...

Respondents Not Deficient In Providing Services, No Compensation To Be Provided; SCDRC Delhi

The bench of State Commission Delhi comprising Justice Sangita Dhingra Sehgal and Sh. Rajan Sharma, Member has observed that, the complainants have failed to establish their case as against the opposite parties, who cannot be held liable for any deficiency-in-services or adopting any alleged unfair-trade-practice. In this case, Sh. Ajit Singh was the tenant and he was having an LPG...

Deficiency In Service Of Indigo Airlines For Not Informing Cancellation Of Flight And Details Of Alternate Flights; SCDRC Punjab

The bench of State Consumer Disputes Redressal Commission, Punjab comprising Justice Daya Chaudhary, President, Rajinder Kumar Goyal, Member and Urvashi Agnihotri, Member has observed that, there is a deficiency in service on the part of Indigo Airlines for not informing the cancellation of flight along with details of alternate flights through SMS on mobile phone of passenger. In...

Terms Of Agreement Are Wholly One-Sided And Unfair To Flat Purchaser; Builder Cannot Seek To Bind Flat Purchaser With Such Terms; NCDRC

The bench of National Commission comprising Justice R.K. Agrawal, President and Binoy Kumar, Member has observed that, the terms of the Apartment Buyer's Agreement were wholly one-sided and unfair to the Flat Purchaser. The Builder cannot seek to bind the Respondent with such one-sided contractual terms. In this case, the Complainants jointly booked an Apartment in the Group...

Report By A Surveyor Is An Important Piece Of Evidence And Has To Be Given Due Weightage; NCDRC

The bench of National Commission comprising C. Viswanath, Presiding Member has observed that, the report submitted by a surveyor is an important piece of evidence and has to be given due weight, though it is not sacrosanct and can be ignored, provided there is cogent evidence otherwise. In this case, the Appellant (Insured) is a proprietor of M/s Britolite Industries. He took...

It Is Not An Error Of Judgment But Breach In Duty Of Care From Doctors, Who Treated The Patient; NCDRC Awards Compensation

The bench of National Commission comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member has observed that, the treating doctors failed in their duties to act with reasonable degree of skill and knowledge. They have not exercised a reasonable degree of care to handle the emergency by adopting basics of ABC of trauma. Commission stated that, the State Commission erred...

Doctors Left Sponge In The Abdomen During LSCS Operation, Liable For Medical Negligence; NCDRC

The bench of National Commission comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member has observed that, no amount of money can turn back the time and reverse the harm already done, but receiving compensation for unnecessary surgery or surgical errors can at least help the patient to overcome some of the challenges that lie ahead. Commission stated that, mistakes...

Damage Caused Due To Not Maintaining Requisite Temperature In Storage, Insured Not Entitled To Any Relief; NCDRC

The bench of National Commission comprising Justice Ram Surat Ram Maurya, has observed that, the damage was caused as the Plant In-charge, had failed to maintain requisite temperature inside the chambers, where potatoes were stored. Commission observed that any damage to the stocks due to rise or fall in temperature caused by stoppage of any section or sections of refrigeration...

District Forums To Decide Plea For Condonation Of Delay As Preliminary Issue Before Proceeding To Decide The Complaint On Merits: UP State Consumer Commission

The Uttar Pradesh State Consumer Disputes Commission by a recent judgment in the case of Balrampur Nursing Home vs. Shri Dhokhai while allowing a revision petition has held that as per the provisions contained in S. 69 of the Consumer Protection Act 2019, it is imperative for the District Consumer Forums to decide the Applications for Condonation of Delay as a preliminary...

Flat Purchasers Cannot Be Made To Wait For An Indefinite Period Hoping To Obtain Possession; Reiterates NCDRC

The bench of National Commission comprising Justice Deepa Sharma, Presiding Member and Subhash Chandra, Member has observed that, the opposite party has not provided any documentary evidence to prove that the complainants are not 'consumers' under the scope of section 2 (1) (d) of the Consumer Protection Act, 1986, except relying on the fact that they paid 50% of the amount in...

Insured Failed To Verify Damaged Material, Insurance Company Not Liable; NCDRC

The bench of National Commission comprising Justice C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member, has observed that, as per the insurance policy only stocks of dal and raw materials were insured but the insured has wrongly claimed loss of machinery and building also. The damage was caused to machinery and building and not to the stock of pulse and...

Wrong Blood Transfusion Resulting In Death, A Case Of Medical Negligence; NCDRC

A bench comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member, has observed that, in most of the cases the hospital staff failing to respond to the signs and symptoms of a blood transfusion error. Thus, the cause can be as simple as a breakdown in safety protocols or poor training. The bench noted that, though most hospitals and surgical centres have strict...