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...

Delhi State Commission Holds IFFCO-Tokio Liable For Deficiency In Service Over Wrongful Repudiation Of Claim

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held IFFCO-Tokio General Insurance liable for deficiency in service over wrongful repudiation of a legitimate insurance claim. Brief Facts of the Case The complainant purchased a refrigerated van and insured it with IFFCO-Tokio Insurance/insurer under a policy for the period from January 2013...

Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held that parallel proceedings on the same issue in different forums are not permissible, as this could lead to judicial contradictions. Brief Facts of the Case The complainant is a member of a housing society managed by Philips Cooperative Group Housing/developer, which launched a project...

Expert Evidence Vital In Medical Negligence Cases: Delhi State Commission Holds Fortis Hospital Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki and Mr. J. P. Agrawal in an appeal against Fortis Hospital, held that expert evidence is fundamental in proving medical negligence. Brief Facts of the Case The complainant filed a case alleging medical negligence by Fortis Hospital/hospital (OP1) and the doctor (OP2) in treating his wife....