Consumer Cases
Consumer Fora Possesses Discretionary Powers To Award Compensation: Delhi State Commission
The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki (Member), held that the consumer fora have the discretion to decide on compensation to ensure fairness and encourage better service practices. Brief Facts of the Case The complainant(deceased), an 82-year-old retired teacher, following an enlarged prostate diagnosis, underwent a TRUP procedure by...
Consumer Fora Needs To Adequately Examine A Surveyor's Report To Reject It: NCDRC
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, held that to reject a surveyor's report in an insurance claim, the commission must adequately examine the report. Brief Facts of the Case The complainant obtained a Standard Fire and Special Perils Policy from Oriental Insurance Company Limited/insurer, covering Plant &...
Courts Must Favour Complainant In Case Of Presence Of Two Interpretations Of Same Clause: Ernakulam District Commission
The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held Star Health & Allied Insurance liable for deficiency in service and unfair trade practice. It was held that coverage clauses should be interpreted broadly, and any ambiguities should be settled in favor of the insured. Brief Facts of the Case The complainant had...
Insurance Company Can't Harass Insured By Demanding Unnecessary Documents, Chandigarh District Commission Holds TATA AIG General Health Liable
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench of Amrinder Singh Sidhu and B. M. Sharma held the insured cannot be harassed by the insurance company by demanding unnecessary documents which are not in their possession. The bench held TATA AIG General Health Insurance Company Ltd liable for unjustly and unlawfully repudiating a claim made under...
Bank's Involvement Limited To Providing Finance, No Deficiency Proved: West Bengal State Commission Allows Appeal By Canara Bank
The State Consumer Disputes Redressal Commission, Siliguri Circuit Bench, West Bengal bench comprising Mr Kundan Kumar Kumai (Presiding Member) and Mr Swapan Kumar Das (Member) allowed an appeal filed by Canara Bank based on lack of deficiency in service on its part while acting as the financer for the Complainant's motorcycle which was stolen. The State Commission observed...
Burden Of Proof On Insurer To Show Applicability Of Exclusion Clause: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held Liberty Videocon General Insurance liable for deficiency in service for repudiating an insurance claim citing the presence of an exclusion clause in the agreement. It was held that in case of the presence of an exclusion clause, the burden to prove it lies on the insurer. Brief Facts of the Case...
Revision Petition, NCDRC Can't Interfere With Lower Fora's Order Unless Clear Error In Law: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the revisional jurisdiction of the National Commission is limited in scope and cannot interfere with the lower fora's order unless there is a clear error in law or procedure. Brief Facts of the Case The Complainant hired an Engineer/Opposite Party to construct a house for Rs.12,54,000...
FIR Not Mandatory To Prove Accidental Death For Claim Settlement, Bihar State Commission Holds HDFC Standard Life Insurance Co. Liable
The State Consumer Disputes Redressal Commission, Bihar bench of Ms Gita Verma (Member) and Md Shamim Akhtar (Member) held HDFC Standard Life Insurance Company liable for wrongful repudiation of a valid claim based on non-filing of an FIR for the insured's accidental death. The bench held that the absence of an FIR did not undermine the validity of other documents which confirmed the...
Jalna District Commission Holds PVK Vehicles Liable For Failure To Register Vehicle As Required Under Motor Vehicles Act, 1988
The District Consumer Disputes Redressal Commission, Jalna (Maharashtra) bench comprising Smt. Aparna Hemant Kate (President), Shri Uday Dattu Dalvi (Member) and Shri Santosh Changdeo Nikule (Member) held PKV vehicles, a dealer, liable for deficiency in service and unfair trade practice for failure to register the vehicle despite multiple requests made by the buyer. The bench held that...
Kozhikode District Commission Holds MyG Digital, LG India And Its Service Centre Liable For Withholding TV Sent For Repairs
The District Consumer Disputes Redressal Commission, Kozhikode (Kerala) bench of P.C. Paulachen (President) and Priya(Member) held MyG Digital, LG Service Centre and LG Electronics India liable for deficiency in services for withholding the Complainant's television which was sent to the service centre for repairs for an unreasonably long time. Brief Facts: The Complainant...
Buyer Cannot Be Forced To Accept Possession After Unreasonable Delays: Delhi State Commission Holds M2K Infrastructure Liable For Deficiency In Service
The Delhi State Commission, presided by Ms. Pinki and Ms. Bimla Kumari, held M2K Infrastructure liable for deficiency in service due to delay in handing over the possession of the flat to the buyer. The commission held that a buyer cannot be compelled to take possession of the property after significant delays and has the right to request a refund along with compensation. Brief Facts...
Northwest Delhi District Commission Holds United India Insurance Co Liable For Wrongful Repudiation Of Genuine Medical Claim
The District Consumer Dispute Redressal Commission-V, Northwest Delhi bench of Sanjay Kumar (President), Nipur Chandra (Member) and Rajesh (Member) held United India Insurance Company liable for deficiency in service for its failure to disburse the full insurance amount for a genuine medical claim. Brief Facts: The Complainant had a mediclaim policy with United India Insurance...