Consumer Cases
Burden To Establish Breach Of Duty, Injury, Causation Lies On Claimant In Medical Negligence Cases, NCDRC Allows Fortis Hospital's Appeal
The National Consumer Disputes Redressal Commission (“NCDRC”) bench of Dr Inder Jit Singh (Presiding Member) and Dr Sadhna Shanker (Member) allowed an appeal filed by 'Fortis Hospital' challenging the order of the State Commission which directed the Hospital to pay Rs. 15 Lakh for medical negligence. The NCDRC held that the Complainant failed to establish a breach of duty, injury...
Delay Of Four Years In Claim Repudiation: NCDRC Holds National Insurance Company Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided over by Dr. Inder Jit Singh and Dr. Sadhna Shanker Jain, held that the repudiation of claim after expiry of four years from the date of filing amounts to deficiency in service. Brief Facts of the Case The complainant, engaged in warehousing and collateral management, had taken a fidelity guarantee policy from...
Strict Enforcement Of Insurance Terms: NCDRC Dismisses Complaint Against National Insurance Company
The National Consumer Disputes Redressal Commission, presided over by Mr. Subhash Chandra and AVM J. Rajendra, held that insurance terms must be strictly enforced. It also stressed the importance of a surveyor's report in insurance claim cases. Brief Facts of the Case The complainant had purchased a fire insurance policy from National Insurance Co. Ltd./Insurer for stock...
Compensation Must Be Based On Actual Value At The Time Of Loss: NCDRC Holds New India Assurance Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided over by Dr. Inder Jit Singh and Dr. Sudhir Kumar Jain, held that the insurance compensation should match the real value of the goods on the date of the loss, not assumptions. Brief Facts of the Case The complainant, running an authorised Ashok Leyland service centre, had taken a Shopkeeper's Insurance Policy from New...
Uttarakhand State Commission Holds Iffco Tokio General Insurance Liable For Wrongful Repudiation Of Claims
The State Consumer Disputes Redressal Commission, Uttarakhand, Dehradun bench comprising Kumkum Rani, President and C.M. Singh, Member has held IFFCO Tokio General Insurance Co. Ltd for wrongfully repudiating the claim of the complainant on the ground that the reason of death of the insured was not covered under the insurance policy. Brief facts: Complainant's husband availed a loan...
Acting As Real Estate Agent Without Registration, Telangana RERA Imposes Rs. 3.69 Lakh Penalty
Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member) imposed a penalty of Rs. 3.69 Lakhs on Mr. Sikha Balaraju and his two companies for acting as real estate agents without registration, which is a statutory requirement under Section 9 of the RERA Act,...
Delhi State Commission Holds Spicejet Liable For Failure To Safely Deliver Checked-In Baggage
The Delhi State Consumer Disputes Redressal Commission bench comprising Justice Sangita Dhingra Sehgal, President and Pinki, Judicial Member has held Spicejet liable for failure in safely delivering the missing checked-in baggage of the complainant. The commission has affirmed the findings of the Delhi district commission granting a compensation of Rs. 1,50,000 for mental agony and...
Prior Knowledge About Disease Not Disclosed: NCDRC Allows LIC Appeal, Directs State Commission To Consider Afresh
The National Consumer Disputes Redressal Commission, presided over by Justice A.P. Sahi and Mr. Bharatkumar, held that in case of material information in insurance contracts, the burden of proof is on the insured to disclose the same. Brief Facts of the Case The wife/complainant of the deceased husband, nominee of the policy of life insurance, had approached Life Insurance...
MahaRERA Grants Relief To Society And Homebuyer, Directs Builder To Rectify Structural Defects That Emerged After Possession
Maharashtra Real Estate Regulatory Authority (Authority) bench comprising of Mahesh Pathak (Member) has directed Cosmos Homes India to rectify the structural defects that emerged in the project after homebuyers took possession. The Society, formed by the homebuyers of the builder's project along with a homebuyer who is a member of the Society approached the Authority after facing...
Denial Of Encashment Of Cash Certificate Amounts To Deficiency In Service ; Baramulla DCDRC Holds HDFC Bank Liable
The Baramulla District Consumer Disputes Redressal Commission (Jammu & Kashmir) presided by President Peerzada Quosar Hussain and Member Nyla Yaseen has held HDFC Bank liable for denying encashment of the Cash certificates bearing the seal and signature of the Bank.Facts of the Case:The Complainant obtained two cash certificates from the HDFC Bank (OP No 1 ) for an amount of Rs2,00,000/-...
Delhi District Commission Holds Chhabra Farms Liable For Non-Refund Of Advance Booking Amount
The District Consumer Disputes Redressal Commission, Delhi bench comprising Suresh Kumar Gupta, President and Harshali Kaur, Member has held that refusing to refund the advance booking amount by Chhabra Farms where they failed to answer the queries raised by the complainant client regarding their function amounts to 'deficiency in service'.Brief facts: The complainant booked a big hall and...