Consumer Cases
Builder Cannot Demand Interest For Delayed Projects: NCDRC Holds Puri Construction Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that builders cannot demand interest from the buyer if the project is already delayed beyond the agreed-upon time. The Commission held the builder liable for deficiency in service for charging interest from the buyer upon an already delayed project. Brief Facts of the Case ...
Not Having Valid Fitness Certificate For Vehicle Is Ground For Insurance Claim Repudiation: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that if a transport vehicle lacks a certificate of fitness, it shall not be considered validly registered under the law, providing the insurer with a valid basis to repudiate the insurance claim. Brief Facts of the Case The Complainant got a taxi insured with United India Insurance/insurer....
No Evidence Of Death Due To Pre-Existing Disease, Haryana State Commission Holds Max New York Life Insurance Liable For Deficiency In Services
The State Consumer Disputes Redressal Commission, Haryana bench of S.C. Kaushik (Member) held Max New York Life Insurance Co. Ltd liable for deficiency in services for dismissing a genuine claim based on non-disclosure of a pre-existing renal disease. The bench held that the Insurance Company failed to prove that the reason of death was due to that pre-existing disease. Therefore,...
Non-Disclosure Of Material Facts Would Justify Repudiation, Chhattisgarh State Commission Allows SBI Life's Appeal
The State Consumer Disputes Redressal Commission, Chhattisgarh bench of Justice Gautam Chourdiya (President) and Pramod Kumar Varma (Member) held that the insured must disclose material facts in the proposal form while availing an insurance policy. The bench allowed an appeal filed by SBI Life Insurance Co. Ltd., which repudiated a death claim based on non-disclosure of...
Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.
The State Consumer Disputes Redressal Commission, Uttarakhand (“State Commission”) bench of Kumkum Rani (President) and Mr B.S. Manral (Member) held that automatic deduction of the premium amount by the intermediary bank does not make a binding insurance contract between the insurer and the insured. The bench dismissed an appeal filed against the New India Assurance Co. by holding...
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...
Haryana RERA Orders Interest To Homebuyer For Delayed Possession, Also Holds Agreement Is Biased
While holding the buyer's agreement terms biased in favour of the builder, the Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed the builder to pay interest to the homebuyer for the delay in handing over possession. Background Facts On 30.08.2012, the Homebuyer [Complainant] booked a flat measuring 1650 sq. ft. in...
UP RERA Releases Model Format Of Offer Of Possession Letter To Protect Homebuyers Interest
Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has issued a directive aimed at curbing the arbitrary practices of real estate promoters in issuing Offer of Possession letters. This move is intended to eliminate the confusion and disputes that arise between promoters and allottees over possession terms. Key Points Promoters must issue Offer of Possession letters to...
Haryana State Commission Holds Mahindra And Mahindra Liable For Failure To Rectify Manufacturing Defects In Brand New TUV
The State Consumer Disputes Redressal Commission, Haryana bench of S.C. Kaushik (Member) dismissed an appeal filed by Mahindra and Mahindra against the order of the Sonepat District Commission. The bench observed that there were several manufacturing defects in the car manufactured by Mahindra which were not duly rectified even after several attempts made by the car...
Repudiation Of Claim Based On Surveyor Report Without Material Assessments, Shimla District Commission Holds Oriental Insurance Company Liable
The District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh) bench of Dr Baldev Singh (President) and Janam Devi (Member) held Oriental Insurance Company Limited liable for deficiency in services for repudiation of claim relying solely on the surveyor report which didn't include material assessments. The Insurance Company's assertions were rejected due to its failure...
Policy Clauses Of Insurance Contract Should Be Interpreted Holistically: NCDRC
The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi, held that policy clauses of insurance contract should be interpreted as a whole, not selectively. Brief Facts of the Case The complainant bought a whole life Unit Linked Insurance Policy(ULIP) for his son from PNB Metlife Insurance/Insurer and paid premiums for the first three years. The...
Himachal Pradesh State Commission Holds Oriental Insurance Co. Liable For Wrongful Repudiation Of Genuine Claim
The H. P. State Consumer Disputes Redressal Commission Shimla bench of Justice Inder Singh Mehta (President) and R.K. Verma (Member) held Oriental Insurance Company Ltd. liable for deficiency in services for repudiating a genuine claim based on the fact that the insured property was leased out. The State Commission noted that the lease agreement did not change the ownership and...