Consumer Cases Weekly Round-Up: 29th April To 5th May 2024

National Consumer Disputes Redressal Commission Section 24 A Aims To Uphold The Consumer Protection Act 1986, Ensuring Its Effectiveness By Preventing Prolonged Litigation In Consumer Fora: NCDRC Case Title: Sunita Kumar Vs. St. Stephen's Hospital The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker(member), held that Section 24 A of the Consumer Protection Act, 1986, serves as a safeguard to the effectiveness of the law by preventing challenges that could unnecessarily prolong cases in Consumer Fora, thus preserving the integrity of the legislation. National Consumer Disputes Redressal Commission 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 The National Commission Holds Emaar Land Liable For Deficiency In Service Due To Delay In Possession Case Title: Mohan Shyam Dubey Vs. MS Emmar MGF Land Ltd. The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi, held that buyers cannot be made to wait indefinitely for possession when projects are not completed on time. 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 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. National Consumer Disputes Redressal Commission Subrogation of Rights By Commercial Entity Doesn't Extend Status Of 'Consumer' To Subrogee, NCDRC Allows Appeal Filed By East India Transport Agency Case Title: East India Transport Agency vs Dhariwal Industries Ltd. and Anr. The National Consumer Disputes Redressal Commission (NCDRC) bench comprising J. Rajendra (Presiding Member) held that an entity engaged in commercial activities solely for the purposes of profit-making cannot be said to be covered under the definition of a 'consumer' under the Consumer Protection Act, 2019. Even if the commercial entity subrogates its right to recover the amount to a 3rd party, the 3rd party would not be considered a 'consumer' for the purposes of the Act. National Consumer Disputes Redressal Commission Compensation For Delays Are Subject To Market Conditions: NCDRC Holds Eldeco Infrastructure Liable For Deficiency In Service Case Title: Eldeco Infrastructure & Properties Ltd Vs. Rajinder Sharma The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker(member), held that the interest rate charged for delay in possession may be altered according to market conditions. National Consumer Disputes Redressal Commission The National Commission Holds Premium Acres Infrastructure Liable For Deficiency In Service Due To Arbitrarily Cancelling An Allotment Case Title: MS. Premium Acres Infratech Pvt Ltd Vs. Devinder Singh Cheema The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker(member), held the builder's failure to deliver the flat on time constituted a clear deficiency, which was worsened by arbitrarily cancelling the allotment upon receiving a legal notice from the complainant. National Consumer Disputes Redressal Commission The National Commission Cannot Interfere With The Concurrent Findings Of Lower Forum Unless There's Evidence Of...

Consumer Cases Weekly Round-Up: 29th April To 5th May 2024

Apoorva Pandita

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