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 1986 provides a two-year limitation period for filing a complaint, and the insurer cannot reduce it through a policy clause. Case Title: M/S. R.R. Energy Ltd. Vs. Oriental Insurance Co Ltd. Case Number: F. A. No.272/2012 Quantification In Insurance Is Mandatory Even For Inadmissible Claims: NCDRC The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that in the insurance industry, quantifying a loss is a standard procedural step that surveyors must perform for every claim, regardless of whether that claim is ultimately deemed admissible or not. Case Title: National Insurance Co. Ltd Vs. Meghana (Bio-Tech) Tissue Culture Nursery Case Number: F.A. No. 39/2018 Multiple Compensations For A Single Deficiency Is Not Justifiable: NCDRC The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held M/S Anant Raj Limited liable for deficiency in service and upheld the order by the District Forum and the State Commission of Rajasthan. However, the Commission altered the amount of compensation granted by the District Forum stating that multiple compensations cannot be allowed for a single deficiency. Case Title: M/S Anant Raj Limited Vs. Happy Yadav Case Number: R.P. No. 1112/2020 Insurance Policies Should Be Interpreted Holistically In Favor Of Insured: NCDRC The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal by Life Insurance and held that insurance policies should be interpreted broadly, keeping in mind the interests of the policyholder and the beneficiaries. Case Title: Life Insurance Corporation Of India Vs. Brijendra Kumar Tyagi Case Number: F. A. No. 888/2021 Lack of Medical Test Proves Insufficient Evidence For Alcohol Consumption: NCDRC The National Consumer Disputes Redressal Commission, presided by Ram Surat Maurya and Bharatkumar Pandya(member), held Oriental Insurance liable for deficiency in service due to denial of the insurance policy citing alleged drunk driving. Case Title: Oriental Insurance Co. Ltd. Vs. M/S. Bombay Traders Case Number: F.A. No. 90/2017 Venue Owner Not Obligated To Refund Advance In Case Of Late Cancellation: NCDRC The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that venue owners are not obligated to refund the advance amount in case of late cancellations even if the reasons are genuine because securing a booking prevents the owner from taking new bookings, which results in a loss. Case Title: Kundan Palace Vs. Awadhesh Kumar Mishra Case Number: R.P. No. 548/2021 Clauses In Builder-Buyer Agreement Cannot Override Consumer Commission's Jurisdiction: NCDRC Holds Emaar India Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that the presence of an arbitration clause in the builder-buyer agreement cannot override the Jurisdiction of a Consumer Commission. Case Title: Emaar India Ltd. & Anr. Vs. Gaurav Singh Khurana Case Number: F.A. No. 923/2021 Consumer Protection Act Co-Exists With Other Statutes: NCDRC The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that the Consumer Protection Act serves as a complementary measure alongside other laws and allows multiple legal remedies. It was further held that remedies under this act are supplementary to other legislatures. Case Title: Govind Narain Gupta Vs. Sudhakar Nath Case Number: F.A. No. 612/2021 Insurance Premium Remains Unpaid If Cheque Not Encashed: NCDRC The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), in an appeal against National Insurance Company, held that an insurance contract cannot be concluded if a cheque given as a premium has not been encashed. Furthermore it was held that a cheque not being encashed due to the insured's fault is similar to the premium not being paid. Case Title: Vaibhavi Dredging Vs. National Insurance Co. Ltd. Case Number: F.A. No. 862/2013 Insured Must Report All Details Accurately, Regardless Of Importance: NCDRC The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), allowed an appeal by Aviva Life Insurance and held that the...

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

Smita Singh

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