Consumer Law
Insurer Cannot Repudiate Claim Saying Damage In Equipment Was Discovered Only After Policy Was Issued : Supreme Court
The Supreme Court on Thursday (November 13) allowed the insurance claim of a company whose boiler had exploded, rejecting the insurer's contention that it was not liable to indemnify the loss since the defect in the boiler was discovered only after the insurance policy had been issued. “A subsequent discovery of damage or corrosion cannot be a ground to repudiate an insurance claim, as...
'Insurance Is A Safety Net, Not Hurdle': Kerala Consumer Forum Raps Insurer For Denying Valid Claim, Imposes Cost
The District Consumer Disputes Redressal Commission, Ernakulam recently ordered Future Generali India Insurance Company Ltd. and Future General Health (FGH) to pay the balance hospital bill and a compensation of Rs. 30,000 to a policy holder for denying a valid health insurance claim.The Bench of D.B. Binu (President), V. Ramachandran and Sreevidhia T.N. ordered that the opposite parties would...
Consumer Can Approach Consumer Forum Even If Agreement Provides For Arbitration : Supreme Court
The Supreme Court recently reiterated that the arbitration clauses in an agreement would not override the consumer's choice to approach the consumer forum for adjudication of the dispute. The Court said that a consumer cannot be forced to get the dispute adjudicated through Arbitration just because an arbitration clause is mentioned in an agreement. It added that the consumer has the...
Supreme Court Seeks Centre's View On Whether Charitable Trust Is A “Consumer” Under Consumer Protection Act, 1986
The Supreme Court today (September 18) sought the assistance of Union of India through the Ministry of Consumer Affairs as a respondent in a case involving the issue whether a charitable trust can be considered a “consumer” under the Consumer Protection Act, 1986.The definition of “consumer” under Section 2(1)(d) of the 1986 Act includes any “person” who buys goods or avails...
Whether Charitable Trust Is Consumer Under Consumer Protection Act? Supreme Court To Examine On September 18
The Supreme Court will hear on September 18 the issue of whether a charitable trust can maintain an action and claim compensation under the Consumer Protection Act, 1986 as a 'consumer'.A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih directed the parties to file compilation of decisions they are going to rely upon while addressing the Court on...
Consumer Cases Monthly Round-up: November 2023
Supreme Court BMW Car Damage: Supreme Court Refuses Claim For Replacement; Says Insured Can't Claim Anything More Than Insurance Policy Coverage Case Title: Bajaj Allianz General Insurance Co.Ltd. V. Mukul Aggarwal, CIVIL APPEAL NO.1544 OF 2023 Citation: 2023 LiveLaw (SC) 1000 The Supreme Court on Monday (20.11.2023) reiterated that an insured cannot claim anything more...
Consumer Cases Weekly Round-up: 27th November to 3rd December 2023
Bombay High Court Electricity Connection On Particular Address Not Proof Of Ownership, Legality Of Construction: Bombay High Court Case Title: High Court On Its Own Motion v. State of Maharashtra through Principal Secretary & Ors., Suo Motu Writ Petition No.2/2023 A division bench of Justices Gautam S Patel and Kamal Khata of the Bombay High Court has held that an...
Bank Allowing Unauthorized Transaction Exceeding Account Holder's Credit Limit Constitutes Deficiency In Service: Kerala Consumer Commission
The District Consumer Disputes Redressal Commission at Ernakulam recently held that unauthorized transactions exceeding the credit limit of an account holder, particularly when such a person did not opt for over-the-limit transaction, would constitute a deficiency of service. The Bench comprising President D.B. Binu, and Members V. Ramachandran, and Sreevidhia T.N. relied upon the decision...
Installation Of Inferior Quality Football Turf Despite Paying Full Amount For Superior Turf An Unfair Trade Practice: Kerala Consumer Commission
The Consumer Disputes Redressal Commission at Ernakulam recently held that repeated installation of inferior quality football turf despite payment of the full amount for installing a superior quality turf, would constitute unfair trade practice under the Consumer Protection Act. The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. held that the failure of...
Issuance Of Poorly Printed Bills On Low-Quality Paper With Inferior Ink Is 'Unfair Trade Practice': Ernakulam District Commission
The Consumer Disputes Redressal Commission at Ernakulam recently held that the issuance of poorly printed bills on low-quality paper or with inferior ink amounts to 'deficiency of service' or 'unfair trade practice'. The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. relied upon the decision in Tata Chemicals Ltd. vs Skypak Couriers Pvt. Ltd. (2001),...
Insurer Finding "Loopholes" To Deny Claims Under 'Corona Rakshak Policy' Unfair Trade Practice: Kerala Consumer Forum Orders Compensation
The Consumer Disputes Redressal Commission at Ernakulam recently awarded a sum of Rs. 1,20,000/- as compensation to a policy holder whose claim under the 'Corona Rakshak Policy' was rejected by M/S Star Health and Allied Insurance on the ground that the policy holder had not provided treatment records for bronchial asthma. The Bench comprising President D.B. Binu, and Members V. Ramachandran...