Bangalore District Commission Holds HDFC Ergo Health Insurance Co Liable For Wrongful Repudiation Of Claim Based On Unsubstantiated Pre-Existing Disease

The Additional District Consumer Disputes Redressal Commission-III, Urban Bangalore bench of Shivarama K ((President) and Rekha Sayannavar (Member) held HDFC Ergo Health Insurance liable for deficiency in services for rejecting a genuine claim based on a pre-existing condition without substantiating it with medical evidence. Brief Facts: The Complainant, a customer of Axis...

Responsibility Of Bank To Prevent Unauthorized Transactions , Bangalore District Commission Holds SBI Liable

The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka) bench of Shivarama K (President) and Rekha Sayannavar (Member) held State Bank of India liable for deficiency in services due to its failure to safeguard the FD account of a customer which resulted in unauthorized transactions amounting to Rs. 25,000/-. Brief Facts: The Complainant...

Belagavi District Commission Holds Oriental Insurance Company Liable For Wrongful Repudiation Of Genuine Medical Claim

The District Consumer Disputes Redressal Commission, Belagavi (Karnataka) bench of A.S. Sadalage (President) and S.S. Kadrollimath (Member) held Oriental Insurance Company liable for deficiency in services for repudiating a genuine hospital claim without providing valid reasons. Brief Facts: The Complainant held a Mediclaim insurance policy with Oriental Insurance Co....

Mysore District Commission Holds Royal Enfield, Its Dealer Liable For Failure To Replace Or Provide Refund For Bike With Defects

The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench of A.K. Naveen Kumari (President), M.K. Lalitha (Member) and Maruthi Vaddar (Member) held Royal Enfield and its dealer liable for deficiency in services due to delivering a Himalayan Granite bike with a petrol leak tank and smoke emanating from the engine. They further failed to initiate a refund or replace...

Mysore District Commission Holds Kotak Mahendra Insurance Co Liable For Dishonouring Policy Terms

The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench of Smt. A.K. Naveen Kumari(President), Smt. M.K. Lalitha (Member) and Sri. Maruthi Vaddar(Member) held Kotak Mahendra Life Insurance Co. liable for failure to honour policy terms which stipulated a 20% refund of the premium amount on withdrawal after 3 years of availing the policy. Brief...

Tiruvannamalai District Commission Holds Zoom Car Liable For Renting Defective Car And Failure To Provide Prompt Assistance

The District Consumer Disputes Redressal Commission, Tiruvannamalai (Tamil Nadu) bench of K. Ganesan(President) and R. Vijaya (Member) held Zoom Car liable for deficiency in services for providing a malfunctioning car to the Complainant, coupled with negligence in offering timely assistance and mishandling the situation. Brief Facts: The Complainant booked a self-driven Triber MT...

South Mumbai District Commission Holds Bajaj Allianz General Insurance Co. Liable For Wrongful Repudiation Of Genuine Claim

The District Consumer Disputes Redressal Commission, South Mumbai (Maharashtra) bench of P.G. Kadu(President), G.M. Kapse (Member) and S.A. Petkar (Member) held Bajaj Allianz General Insurance liable for deficiency in services due to the repudiation of a genuine claim of theft. The bench noted that the driver took reasonable care in safeguarding the vehicle, absolving the Complainant...

Consumer Cases Weekly Round-Up: 24th To 30th June 2024

National Consumer Disputes Redressal Commission Builder Can Only Forfeit 10% of Basic Sale Price In Case Of Breach Of Contract: NCDRC Case Title: Mohd. Naiem Khan Vs. M/S. Maliha Realtor Pvt. Ltd The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that the amount forfeited due to a breach of contract should be fair and justifiable....

Vishakhapatnam District Commission Holds Amazon, Its Seller Liable For Failure To Initiate Return Of Product

The District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh) bench of G Venkateswari (President), P Vijaya Durga (Member) and Karaka Ramana Babu (Member) held Amazon and its seller liable for deficiency in services due to their failure to facilitate the return of a product despite promising to do so. Brief Facts: The Complainant purchased a "Cubelelo YJ...

Haryana RERA Orders Signature Global To Pay Interest To Homebuyer For Delayed Possession, Also Held Sale Agreement Biased

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed Signature Global India Private Limited, the builder, to pay interest to the homebuyer for the delay in handing over possession. Additionally, the Authority also held that the terms of the agreement are biased in favor of the builder. Background Facts On...

Mysore District Commission Dismisses Complaint Against ICICI Lombard General Insurance Co.

The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench of A.K. Naveen Kumari(President), M.K. Lalitha (Member) and Maruthi Vaddar (Member) dismissed a complaint against ICICI Lombard General Insurance Company for a personal accident cover, as the deceased driver was driving a borrowed vehicle. There was a lack of consumer-service provider relationship between...

Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court

The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding which is subject matter of adjudication by Debt Recovery Tribunal (DRT) or Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').Clarifying the jurisdictional issue, the Division...