No Accident Claim Can Be Granted Where Deceased Insured Person Was Not Holding Valid Driving License: Uttarakhand State Commission

The Uttarakhand State Disputes Redressal Commission has held that no insurance claim for accident can be granted where the person was not holding a valid driver's license. A bench of Judicial member MK Singhal and Member CM Singh has upheld the denial of claim by National India Assurance Co. ltd. as the deceased insured was having only a learning license at the time of accident. This...

Correspondence Does Not Extend The Limitation Period: Telangana State Commission

The Telangana State Commission, presided by Smt. Meena Ramanathan And Sri. V. V. Seshubabu dismissed an appeal as time barred and held that exchanging letters or communication does not pause or extend the statutory deadline for filing a legal complaint. Brief Facts of the Case The complainant's husband took a loan of Rs. 4,90,000 from the opposite party to buy a car, agreeing to...

Delhi District Commission Holds Travel Agency Liable For Withholding Advance Amount Of Customer

The Delhi District Commission has held that not refunding the advance trip amount to the complainant even when the complainant did not avail the services of the agency amounts to unfair trade practice. The bench comprising of President Sonica Mehrotra, Member Richa Jindal and Member Anil Kumar Koushal has ordered the refund amount of Rs. 75000/- along with litigation expenses of Rs....

Insurance Claim Cannot Be Denied For Unrelated Health Issues: Chandigarh State Commission Holds Bajaj Allianz Life Insurance Liable

The State Consumer Disputes Redressal Commission, Chandigarh presided by Mrs. Padma Pandey Presiding (Presiding Member) and Mr. Preetinder Singh (Member) held Bajaj Allianz life insurance company liable for rejecting the insurance policy of the deceased as there was no correlation between pre-existing medical conditions and cause of death. Brief facts: The complainant's...

Burden of Proof On Insurer To Substantiate Reasons For Denial Of Claim : Telangana State Commission Holds LIC Liable For Deficiency In Service

The Telangana State Commission, presided by Smt. Meena Ramanathan And Sri. V. V. Seshubabu held Life Insurance Corporation liable for deficiency in service and held that the burden of proof to prove the basis for the repudiation of claim lies with the insurer. Brief Facts of the Case The complainant's deceased husband had a life insurance policy worth Rs. 1,00,000 with the...

No Relief Does Not Amount To Deficiency Of Service : Delhi District Commission Dismisses Complaint Against Body Care

The District Consumer Disputes Redressal Commission of West Delhi bench of Ms. Sonica Mehrotra (President), Ms. Richa Jindal (Member) and Mr. Anil Kumar Koushal (Member) rejected the complaint of deficiency in service filed against Body Care as no relief provided by the respondent does not constitute negligence. Brief facts: The complainant visited the body care clinic...

Additional Claims Cannot Be Made Once The Claim Is Accepted Unconditionally: Uttarakhand State Commission Allows Insurance Company's Appeal

The Uttarakhand State Consumer Disputes Redressal Commission bench of Ms. Kumkum Rani (President) and Mr. B.S. Manral (Member) held that the no additional claims can be made after the complainant has accepted the insurance claim unconditionally. Brief facts: The Gogreen Buildtech Pvt. Ltd. (complainant) bought Standard Fire and Special Perils Policy from Reliance General...

Delhi State Commission Holds FIITJEE Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held FIITJEE liable for deficiency in service for collecting the full two-year fee from the complainant without making the required deposit or returning the interest. Brief Facts of the Case The Complainant enrolled her daughter in a two-year program with FIITJEE while she was preparing for her Class...

Using Poor Quality Material During Construction: NCDRC Holds Builder Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that usage of subpar resources for construction amounts to deficiency in service. Brief Facts of the Case The complainant approached the builder to build a flat at a rate agreed per square foot. On such terms, he advanced six installments aggregating Rs. 12.25 lakhs. Much thereafter,...

Banks Cannot Be Held Liable For Cyber Frauds Where The Fraud Occurred Due To Negligent Acts Of The Complainant: Goa State Commission

The Goa State Consumer Disputes Redressal Commission has held that HDFC bank cannot be held liable for cyber fraud when the said fraud happened due to negligent acts of the complainant. A coram of Officiating President Mrs. Varsha R Bale and Member Ms. Rachna Gonsalves expressed concerns regarding the increase in cyber frauds and emphasized on the need to have a robust...

Breakdown Of Vehicle Alone Does Not Prove Service Deficiency: Delhi State Commission Dismisses Appeal Against Himgiri Cars Ltd

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki dismissed an appeal against M/S Himgiri Cars and held that breakdown of the vehicle alone does not prove service deficiency and the same has to be substantiated by evidence. Brief Facts of the Case The complainant took his car to Himgiri Cars/dealer for routine service, paying for various...

Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held TDI Infrastructure liable for deficiency in service due to non fulfillment of contractual obligations and delay in handing over the possession. Brief Facts of the Case The complainant booked a flat in the TDI Infrastructure/builder's project, paying an initial deposit followed by...