Concealment Of Facts By Insured Can Make Policy Voidable: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, dismissed a petition against Life Insurance Corporation and held that the proposer must reveal all significant information that impacts the insurer's risk evaluation; failing to do the same can render the policy voidable at the option of the insurer. Brief Facts of the Case The complainants...

NCDRC Holds Canara Bank Liable For Deficiency In Service Due To Negligence In Handling Cheque Clearance

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, held Canara Bank liable for deficiency in service for not presenting cheques in a timely manner, causing them to become stale. Brief Facts of the Case The complainant has a Savings Bank Account with Canara bank at its Maharani Bagh Branch. She deposited two CTS cheques, one for Rs. 11,36,868...

NCDRC Holds LIC Responsible For Deficiency In Service Over Denial Of Legitimate Insurance Claim

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the concealment of health conditions does not affect the insured's right to claim accidental death benefits if the policy was active at the time of the accident. Brief Facts of the Case The complainant's husband obtained a life insurance policy from Life Insurance Corporation/insurer...

Lack Of Response Does Not Indicate Consent In Insurance Contracts: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that in insurance proposals, a lack of response does not imply agreement, and a valid contract is established only when there is clear acceptance from the authorized party. Brief Facts of the Case The late husband of the complainant took housing loan from the...

Burden Of Proof Lies With Applicant To Show Sufficient Cause For Delay: NCDRC holds Ethiopian Arlines Liable For Deficiency

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that demonstrating sufficient cause for delay is essential for exercising discretionary jurisdiction. Without sufficient cause, the application must be dismissed, placing the burden of proof on the applicant to justify the delay. Brief Facts of the Case The complainant booked a...

Chandigarh District Commission Holds Go Airlines, MakeMyTrip Liable For Failure To Refund Extra Expenses After Rescheduling Flight

The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench of Shri Pawanjit Singh (President), Mrs Surjeet Kaur (Member) and Shri Suresh Kumar Sardana (Member) held 'MakeMyTrip' and 'Go Airlines' liable for deficiency in service and unfair trade practices for their failure to refund the additional expenditure incurred by the Complainant due to sudden cancellation...

NCDRC Clears Canara Bank Of Liability For Non-Insurance Of Hypothecated Goods

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the bank is not liable for any deficiency in service regarding the non-insurance of hypothecated goods, as the responsibility for obtaining insurance lies with the complainant rather than the bank Brief Facts of the Case The complainant, a company engaged in...

NCDRC Holds Motia Developers Liable For Deficiency In Service Due To Failure To Obtain Occupancy Certificate

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the offer of possession without valid certification amounts to mere “paper possession” and amounts to deficiency in service. Brief Facts of the Case The complainants made an initial booking of a flat with Motia Developers for a payment of Rs...

Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Planning Division To Take Action Against Vatika For Non-Registration

While upholding the cancellation of flat allotment, Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Planning Division of authority to take action against Vatika Limited (the builder) for the non-registration of the project under RERA. Background Facts On 29.05.2015, Homebuyer (Complainant) purchased a flat measuring...

NCDRC Holds GNIDA Liable For Deficiency In Service Over Incomplete Construction

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that issuance of possession certificate without the completion of project constitutes deficiency in service. Brief Facts of the Case The complainant was allotted a house on a 120 sq m plot by Greater Noida Industrial Development Authority(GNIDA). After issuing letters...

MahaREAT – Non-Execution Of Agreement For Sale Does Not Preclude Homebuyers From Seeking Relief Under Section 18

While setting aside the Maharashtra Real Estate Regulatory Authority (Authority) order, Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M Deshpande (Technical Member), has observed that mere non-execution of agreement for sale will not preclude homebuyers from invoking Section 18 of RERA, 2016. The...

NCDRC Holds PAN Realtors Liable For Deficiency In Service Due To Unreasonable Delay In Handing Over Possession

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that buyers are entitled to seek a refund with compensation if possession is delayed indefinitely Brief Facts of the Case The complainant booked an apartment with the builder for Rs. 43,07,250 for personal use. After paying the booking amount and signing a Flat...