Insurance Claims Cannot Be Denied For Pre-Existing Ailments Without Prior Medical Tests: Delhi State Commission

The Delhi State Commission has held that denial of insurance claim on the ground of pre-existing ailments is unjustified where no medical tests were conducted before issuing the policy. A bench of Justice Sangita Dhingra Sehgal and Judicial Member Pinki has observed that common lifestyle diseases such as diabetes and hypertension cannot be treated as...

Delhi District Commission Holds Coaching Centre Liable For Retaining Advance Fee And Not Refunding Fee for Unutilized Services

The Delhi district commission has held Extra Marks company liable for retaining the advance fee of entire course and not refunding the same for unutilised portion of services. The bench presided by President Inder Jeet Singh and Member Rashmi Bansal condemned the practice of coaching institutes collecting lump sum fees for services which are yet to be rendered by...

Delhi State Commission Holds LG Electronics And Croma Liable For Deficiency In Service Due To Unapproved TV Display Panel Replacement

The State Consumer Disputes Redressal Commission, Delhi presided by Justice Sangita Dhingra Sehgal (President) and Ms. Pinki (Judicial Member) held LG Electronics Pvt Ltd. and Croma liable for deficiency in service as they replaced the TV display Panel without the consent of the complainant. Brief facts: The complainant purchased LG LED 109M TV from M/s Infinity Retail Ltd....

Purchases For Earning Livelihood Qualify As Commercial Purposes If Operated Solely By Others: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that purchases for earning a livelihood through self-employment qualify as commercial purpose if operated solely by others. Brief Facts of the Case The complainant purchased two digital mini-lab machines with scanner/image processor/laser units designed for various printing functions....

Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that for an insurer to deny a legitimate claim, the violations alleged by them have to constitute a fundamental breach. Brief Facts of the Case The complainant insured their vehicle with Bharti Axa General Insurance/insurer. Subsequently, the vehicle was stolen, and an FIR was filed....

Bank's Role As Intermediary Does Not Create Privity Of Contract With Insured: NCDRC Holds Insurance Company Liable

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, in a petition by Sarva Haryana Gramin Bank held that a bank's role as an intermediary does not create a privity of contract with the insurer. The bank in such cases won't be liable for the wrongs committed by the insurer. Brief Facts of the Case Under the Prime Minister Fasal...

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. Brief Facts of the Case The complainant had three insurance policies( Fire Policy, Machine Breakdown...

National Commission Allows Appeal By Fast Engineers In AC Installation Disputes

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, in an appeal by Fast Engineers clarified the proportionate relief in an AC dispute and overruled the State Commission's order. Brief Facts of the Case The complainant had hired Fast Engineers/engineering company/company for installing an LG air-conditioning system. The complainant paid Rs. 18,50,000...

Telangana State Commission Validates Builder's Claim of Outstanding Payments

The Telangana State Commission, presided by Sri. V. V. Seshubabu and K. Ranga Rao allowed an appeal by Narne Estates and modified the District Commission's order. The Commission acknowledged the builder's claim of outstanding payments on behalf of the buyer and directed the buyer to clear the same. Brief Facts of the Case M/S Narne Estates/builder launched a project named...

Telangana State Commission Holds SBI Liable For Deficiency In Service For Collecting Excess Amount From Customer Without Proper Justification

The Telangana State Commission, presided by Smt. Meena Ramanathan And Sri. V. V. Seshubabu held State Bank of India liable for deficiency in service for collecting unaccounted funds from the customer without proper justification. Brief Facts of the Case The complainant, a credit card holder with State Bank of India/bank, paid Rs. 26,250 in six EMIs for an outstanding amount of...

Delhi District Commission Imposes Punitive Damages Worth Rs. 15 Lakhs On Emami For Unfair Trade Practices And Misleading Advertisements

The District Consumer Disputes Redressal Commission, Central Delhi bench of Shri Inder Jeet Singh (President) and Ms Rashmi Bansal (Member) held Emami Ltd. liable for unfair trade practices and misleading advertisement claiming to give fairer skin within three weeks. Brief facts: The complainant purchased 'Fair and Handsome Cream' of Emami (respondent) worth Rs. 79/- from a shop...

Haryana RERA Directs Ansal Builders To Refund Booking Amount Paid By Complainant For Purchasing Shop

Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) has directed M/s Ansal Housing and Constructions Limited to refund the booking amount of 7 lakhs paid by the complainant for purchasing the shop. The complainant approached the authority after the builder retained the booking amount following the complainant's withdrawal from the project in...