Bangalore District Commission Holds Niva Bupa Health Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

The Additional District Consumer Disputes Redressal Commission-II, Bangalore Urban bench of Vijaykumar M. Pawale (President), V. Anuradha (Member) and Kum. Renukadevi Deshpande (Member) held 'Niva Bupa Health Insurance Co. Ltd.' liable for deficiency in service for wrongfully repudiating a health insurance claim by erroneously linking the treatment for 'acute exacerbation of reactive...

Possession Of Plot Offered Twice, HUDA Not Liable For Delay Caused Due To Road Shifting, Subsequent Plan Approval: NCDRC

The National Consumer Disputes Redressal Commission, New Delhi bench of Justice AP Sahi (President) and Bharatkumar Pandya (Member) held that the Haryana Urban Development Authority (HUDA) was not liable for delay in delivering possession of an allotted plot, as it had offered the same twice, and the initial delay was caused due to shifting of a road and approval of a revised...

Failure To Rectify Persistent Issues With Defective Mobile Phone, Mysore District Commission Holds One Plus, Its Service Centre Liable

The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench of A.K. Naveen Kumari (President) and Maruthi Vaddar (Member) held 'OnePlus' and its service centre liable for deficiency in service and unfair trade practice for failing to adequately address persistent software and hardware issues in a defective mobile phone. It was observed that OnePlus failed to meet...

Failure To Deliver Bed & Mattresses, South-West Delhi Commission Holds 'Homstyl Furniture' Liable

The District Consumer Disputes Redressal Commission-VII, South-West, Delhi bench of Suresh Kumar Gupta (President), Harshali Kaur (Member) and Ramesh Chand Yadav (Member) held 'Homstyl Furniture' liable for liable for deficiency in service and unfair trade practice, for its failure to deliver bed and mattresses despite receiving an advance payment. Homstyl Furniture was directed to...

Insurance Claim Can Be Denied If Driver Lacked Valid License At Time Of Accident, NCDRC Dismisses Revision Petition Against National Insurance Co.

The National Consumer Disputes Redressal Commission, New Delhi bench of Dr Inder Jit Singh (Presiding Member) and Dr Sadhna Shanker (Member) held that an insurance claim can be lawfully denied if the driver of the insured vehicle did not possess a valid driving license at the time of the accident. The bench held that the absence of a valid license amounts to a breach of...

Unjustified Imposition Of 10% Interest For Deficiency In Service Is Unreasonably High, Must Range Between 6-10%: NCDRC

The National Consumer Disputes Redressal Commission, New Delhi bench of Binoy Kumar (Presiding Member) and Justice Saroj Yadav (Member) held that interest rates in insurance-related consumer disputes generally range between 6-9% per annum and an interest rate of 10% cannot be imposed with justification. Brief Facts: The Complainant availed a theft insurance policy for his vehicle...

Multiple Policies In Short Span, Different Name Variations Shows Knowledge Of Pre-Existing Illness: Mysore Commission Dismisses Complaint Against LIC

The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench of A.K. Naveen Kumari (President), M.K. Lalitha (Member) and Maruthi Vaddar (Member) held that when an insured person obtains multiple insurance policies within a short span and uses different name variations and involving different agents, it suggests that he was aware of a pre-existing illness. The bench held...

Failure To Replace Defective Shoes Within Warranty Period, Lucknow District Commission Holds Liberty Shoes Liable

The District Consumer Disputes Redressal Commission – II, Lucknow bench of Amarjeet Tripathi (President) and Pratibha Singh (Member) held 'Liberty Shoes' liable for deficiency in service and unfair trade practice for its failure to honour its warranty commitment. Liberty Shoes also failed to initiate a replacement or refund the cost of defective shoes purchased by the consumer,...

Insurance Claim Cannot Be Denied For Breach Of Impossible Condition : Supreme Court

The Supreme Court held that an insurance company cannot reject a claim on the grounds of breach of a condition in the contract that was impossible to fulfill. A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma upheld the insured's marine claim, which New India Assurance Co. Ltd. had rejected on the grounds that the insured breached a condition requiring the voyage to start...

Consumer Forums Not Legally Authorised To Issue Arrest Warrants: Calcutta High Court

The Calcutta High Court has held that consumer forums, in exercise of their powers under the Consumer Protection Act, are not authorised to issue arrest warrants while imposing penalties under Sections 71 or 72 of the act. Justice Suvra Ghosh held: Section 72 of the Act envisages penalty for non-compliance of the order of the District Commission, State Commission or National Commission, as...

Failure To Pay Maturity Amount Under Monthly Income Scheme, Central Delhi District Commission Holds India Post Liable

The District Consumer Disputes Redressal Commission, Central Delhi bench of Inder Jeet Singh (President) and Ashwani Kumar Mehta (Member) held 'India Post' liable for deficiency in service for failure to pay the maturity amounts and interest on 'Monthly Income Scheme' accounts despite multiple requests. Brief Facts: Mahesh Kumar Chawla (“Complainant”) availed two 'Monthly...

Burn Injuries, Property Damage In Fire Due To Cylinder Leakage: NCDRC Directs BPCL To Pay Compensation

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench of Mr. Subhash Chandra (Presiding Member) and AVM J. Rajendra (Member) has directed 'Bharat Petroleum Corporation Limited' to pay Rs. 5 Lakh to the Complainants for the medical treatment of their daughter and the damage to their property caused by a gas leakage induced fire. Brief Facts: The Complainants...