Introducing Additional Document During Revision Stage Permitted If Material In Nature: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the introduction of additional documents during the revision stage is permitted if the said documents are material in nature. Brief Facts of the Case The complainant, an NRI doctor who had returned to India in 1990, received a British Government pension in Great Britain Pounds(GBP)...

Delay In Delivery Of Flat, Continuing Grounds For Legal Action: NCDRC Holds Emaar MGF Land Liable

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that the failure to deliver possession of a flat on the agreed timeline does not constitute a one-time breach but rather an ongoing violation that continues with each passing day. As such, it represents a continuing cause of action that allows the buyer to pursue...

Patient's Death : NCDRC Holds Max Super Speciality Hospital Liable For Medical Negligence

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held Max Super Speciality Hospital liable for deficiency in service due to negligently attributing to the death of a patient. It was further held that to prove legal liability, it must be demonstrated that the doctor failed to meet the standard of care reasonably expected...

Builder Cannot Demand Interest For Delayed Projects: NCDRC Holds Puri Construction Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that builders cannot demand interest from the buyer if the project is already delayed beyond the agreed-upon time. The Commission held the builder liable for deficiency in service for charging interest from the buyer upon an already delayed project. Brief Facts of the Case ...

Not Having Valid Fitness Certificate For Vehicle Is Ground For Insurance Claim Repudiation: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that if a transport vehicle lacks a certificate of fitness, it shall not be considered validly registered under the law, providing the insurer with a valid basis to repudiate the insurance claim. Brief Facts of the Case The Complainant got a taxi insured with United India Insurance/insurer....

No Evidence Of Death Due To Pre-Existing Disease, Haryana State Commission Holds Max New York Life Insurance Liable For Deficiency In Services

The State Consumer Disputes Redressal Commission, Haryana bench of S.C. Kaushik (Member) held Max New York Life Insurance Co. Ltd liable for deficiency in services for dismissing a genuine claim based on non-disclosure of a pre-existing renal disease. The bench held that the Insurance Company failed to prove that the reason of death was due to that pre-existing disease. Therefore,...

Non-Disclosure Of Material Facts Would Justify Repudiation, Chhattisgarh State Commission Allows SBI Life's Appeal

The State Consumer Disputes Redressal Commission, Chhattisgarh bench of Justice Gautam Chourdiya (President) and Pramod Kumar Varma (Member) held that the insured must disclose material facts in the proposal form while availing an insurance policy. The bench allowed an appeal filed by SBI Life Insurance Co. Ltd., which repudiated a death claim based on non-disclosure of...

Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.

The State Consumer Disputes Redressal Commission, Uttarakhand (“State Commission”) bench of Kumkum Rani (President) and Mr B.S. Manral (Member) held that automatic deduction of the premium amount by the intermediary bank does not make a binding insurance contract between the insurer and the insured. The bench dismissed an appeal filed against the New India Assurance Co. by holding...

Consumer Cases Weekly Round Up: 2nd June To 9th June 2024

National Consumer Disputes Redressal Commission (NCDRC) Limitation Period Under Policy Is Shorter Than Statutory Period For Filing Complaint, Unenforceable And Void: NCDRC Holds Oriental Insurance Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), held that the Consumer Protection Act...

Haryana RERA Orders Interest To Homebuyer For Delayed Possession, Also Holds Agreement Is Biased

While holding the buyer's agreement terms biased in favour of the builder, the Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed the builder to pay interest to the homebuyer for the delay in handing over possession. Background Facts On 30.08.2012, the Homebuyer [Complainant] booked a flat measuring 1650 sq. ft. in...

UP RERA Releases Model Format Of Offer Of Possession Letter To Protect Homebuyers Interest

Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has issued a directive aimed at curbing the arbitrary practices of real estate promoters in issuing Offer of Possession letters. This move is intended to eliminate the confusion and disputes that arise between promoters and allottees over possession terms. Key Points Promoters must issue Offer of Possession letters to...

Haryana State Commission Holds Mahindra And Mahindra Liable For Failure To Rectify Manufacturing Defects In Brand New TUV

The State Consumer Disputes Redressal Commission, Haryana bench of S.C. Kaushik (Member) dismissed an appeal filed by Mahindra and Mahindra against the order of the Sonepat District Commission. The bench observed that there were several manufacturing defects in the car manufactured by Mahindra which were not duly rectified even after several attempts made by the car...