Consumer Cases Monthly Digest: April 2024

National Consumer Disputes Redressal Commission (NCDRC) Non-Standard Basis Of Settling Insurance Claims Apply To Both Private And Public Insurance Companies, NCDRC Holds Bajaj Allianz General Insurance Co. Liable The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Justice Sudip Ahluwalia (Presiding Member) held that the guidelines to settle an insurance claim on a non-standard basis apply to both private and public insurance companies. If the claim involves the overloading of a tanker, although below 75% of the permissible limit, the claim would be proportionately reduced to the degree of overloading. National Consumer Disputes Redressal Commission The Revisional Jurisdiction Of The National Commission Is Limited And Can Be Exercised Only In Specific Circumstances: NCDRC The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held that the Revisional Jurisdiction of the National Commission is restricted to specific circumstances, such as when the State Commission has acted beyond its legal authority and has failed to exercise its rightful jurisdiction. National Consumer Disputes Redressal Commission National Consumer Disputes Redressal Commission Holds Greenfield Housing Liable For Deficiency In Service Over Delay In The Delivery Of The Possession Of A Flat, Citing Unsubstantiated Force Majure Clause The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that reliance on force majeure while retaining the buyer's deposits constitutes a deficiency of service and also amounts to unfair trade practice. National Consumer Disputes Redressal Commission National Consumer Disputes Redressal Commission Holds Ruchi Reality Holdings Liable For Deficiency In Service Over Delay In Handing Over The Possession Of The Flat The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held that a buyer cannot be made to wait indefinitely for the possession of the flat that they have paid for. National Consumer Disputes Redressal Commission Unreasonable Delay In Handing Over Possession Of Property To Buyers: NCDRC Directs Builder To Refund Entire Amount Along With Interest Case Title: Monika Bansal & Ors. v/s Total Environment Building Systems Pvt. Ltd. The National Consumer Disputes Redressal Commission has re-emphasized that buyers should not be subjected to indefinite delay for possession of their property. The bench presided over by Mr. Ram Surat Ram Maurya alongside Mr. Bharatkumar Pandya as member while partly allowing a consumer complaint, observed that an unreasonable delay by a builder in offering possession of flats amounted to a deficiency of service on their part. National Consumer Disputes Redressal Commission (NCDRC) Indiscriminate Appointment Of Surveyors By Insurance Companies To Get Favorable Report Violates IRDA Regulations: NCDRC Case Title: National Insurance Co. Ltd. vs Timeless Jewels The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Subhash Chandra (Presiding Member) and Sadhna Shanker (Member) held that insurance companies cannot appoint surveyors indiscriminately solely to get a favourable report. The appointment of multiple surveyors without any reasonable cause was held to violate the IRDA Regulation No. 64. National Consumer Disputes Redressal Commission (NCDRC) Insurance Contracts Are Based On Principle Of 'Utmost Good Faith', Insured Under Obligation To Disclose All Material Facts In Proposal Form: NCDRC Case Title: Shalini Srivastava vs Aviva Life Insurance Co. Ltd. and Anr. The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr Subhash Chandra (Presiding Member) and Dr Sandhya Shanker (Member) held that if the insured fails to disclose all material facts in the proposal form, the claim is liable to be repudiated irrespective of whether the cause of death was related to the non-disclosed facts or not. National Consumer Disputes Redressal Commission (NCDRC) Can't Repudiate Genuine Insurance Claims Based On Delayed Intimation, NCDRC Dismisses Revision Petition Filed By United India Insurance Company Case Title: United India Insurance Co. Ltd. vs Giri Raj Prasad The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr J. Rajendra (Presiding Member) held United India Insurance Company liable for wrongfully repudiating a valid insurance claim of a stolen tractor based on a delayed intimation of 10 days. The NCDRC held that delay in intimation of claim was no longer an issue in insurance disputes. Telangana High Court No Statutory Basis To Claim Exemption From Packaging Requirements Under Packaged Commodities Rules, PepsiCo Must Comply: Telangana High Court Case Title: Pepsico India Holdings Private Ltd. vs Union of India ...

Consumer Cases Monthly Digest: April 2024

Apoorva Pandita

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