Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that for an insurer to deny a legitimate claim, the violations alleged by them have to constitute a fundamental breach. Brief Facts of the Case The complainant insured their vehicle with Bharti Axa General Insurance/insurer. Subsequently, the vehicle was stolen, and an FIR was filed....

Bank's Role As Intermediary Does Not Create Privity Of Contract With Insured: NCDRC Holds Insurance Company Liable

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, in a petition by Sarva Haryana Gramin Bank held that a bank's role as an intermediary does not create a privity of contract with the insurer. The bank in such cases won't be liable for the wrongs committed by the insurer. Brief Facts of the Case Under the Prime Minister Fasal...

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. Brief Facts of the Case The complainant had three insurance policies( Fire Policy, Machine Breakdown...

National Commission Allows Appeal By Fast Engineers In AC Installation Disputes

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, in an appeal by Fast Engineers clarified the proportionate relief in an AC dispute and overruled the State Commission's order. Brief Facts of the Case The complainant had hired Fast Engineers/engineering company/company for installing an LG air-conditioning system. The complainant paid Rs. 18,50,000...

Telangana State Commission Validates Builder's Claim of Outstanding Payments

The Telangana State Commission, presided by Sri. V. V. Seshubabu and K. Ranga Rao allowed an appeal by Narne Estates and modified the District Commission's order. The Commission acknowledged the builder's claim of outstanding payments on behalf of the buyer and directed the buyer to clear the same. Brief Facts of the Case M/S Narne Estates/builder launched a project named...

Telangana State Commission Holds SBI Liable For Deficiency In Service For Collecting Excess Amount From Customer Without Proper Justification

The Telangana State Commission, presided by Smt. Meena Ramanathan And Sri. V. V. Seshubabu held State Bank of India liable for deficiency in service for collecting unaccounted funds from the customer without proper justification. Brief Facts of the Case The complainant, a credit card holder with State Bank of India/bank, paid Rs. 26,250 in six EMIs for an outstanding amount of...

Delhi District Commission Imposes Punitive Damages Worth Rs. 15 Lakhs On Emami For Unfair Trade Practices And Misleading Advertisements

The District Consumer Disputes Redressal Commission, Central Delhi bench of Shri Inder Jeet Singh (President) and Ms Rashmi Bansal (Member) held Emami Ltd. liable for unfair trade practices and misleading advertisement claiming to give fairer skin within three weeks. Brief facts: The complainant purchased 'Fair and Handsome Cream' of Emami (respondent) worth Rs. 79/- from a shop...

Haryana RERA Directs Ansal Builders To Refund Booking Amount Paid By Complainant For Purchasing Shop

Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) has directed M/s Ansal Housing and Constructions Limited to refund the booking amount of 7 lakhs paid by the complainant for purchasing the shop. The complainant approached the authority after the builder retained the booking amount following the complainant's withdrawal from the project in...

Doctors Cannot Be Held Liable Without Reliable Evidence Of Medical Negligence: Delhi District Commission

The Delhi District Consumer Dispute Redressal Commission has dismissed a case of medical negligence against Employee State Insurance hospital and its surgeons for an unsuccessful tubectomy operation. The bench observed that in the absence of any medical expert evidence, no negligence can be attributed to the doctors. It also emphasized on the possibilities of unwanted pregnancies...

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence

The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri (President) and Mr. Rajesh K. Arya (Member) held 'New India Assurance Company Limited' liable for rejecting the insurance policy of the complainant on the basis of unreliable evidence about alcohol consumption by the complainant. Brief facts: The complainant insured his Honda Jazz...

Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held Union Bank of India liable for deficiency in service owing to occurrence of unauthorized transactions. Brief Facts of the Case The complainant, being a partnership firm, had an account with Union Bank of India/bank. Registered mobile number messages informed about two unauthorized transfers of...

Raising Demand For Undisputed Consumption Of Electricity Not Deficiency In Service: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra dismissed a petition by SBI and held that electricity charges become “first due” only after a bill is issued, even though liability arises on consumption. Raising an additional demand for undisputed consumption does not amount to deficiency in service. Brief Facts of the Case The complainant,...