Insurance Claim Cannot Be Denied For Breach Of Impossible Condition : Supreme Court

The Supreme Court held that an insurance company cannot reject a claim on the grounds of breach of a condition in the contract that was impossible to fulfill. A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma upheld the insured's marine claim, which New India Assurance Co. Ltd. had rejected on the grounds that the insured breached a condition requiring the voyage to start...

Consumer Forums Not Legally Authorised To Issue Arrest Warrants: Calcutta High Court

The Calcutta High Court has held that consumer forums, in exercise of their powers under the Consumer Protection Act, are not authorised to issue arrest warrants while imposing penalties under Sections 71 or 72 of the act. Justice Suvra Ghosh held: Section 72 of the Act envisages penalty for non-compliance of the order of the District Commission, State Commission or National Commission, as...

Failure To Pay Maturity Amount Under Monthly Income Scheme, Central Delhi District Commission Holds India Post Liable

The District Consumer Disputes Redressal Commission, Central Delhi bench of Inder Jeet Singh (President) and Ashwani Kumar Mehta (Member) held 'India Post' liable for deficiency in service for failure to pay the maturity amounts and interest on 'Monthly Income Scheme' accounts despite multiple requests. Brief Facts: Mahesh Kumar Chawla (“Complainant”) availed two 'Monthly...

Burn Injuries, Property Damage In Fire Due To Cylinder Leakage: NCDRC Directs BPCL To Pay Compensation

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench of Mr. Subhash Chandra (Presiding Member) and AVM J. Rajendra (Member) has directed 'Bharat Petroleum Corporation Limited' to pay Rs. 5 Lakh to the Complainants for the medical treatment of their daughter and the damage to their property caused by a gas leakage induced fire. Brief Facts: The Complainants...

Loss Of Title Deed Amounts To Deficiency In Service, District Commission Holds Federal Bank Liable

The District Consumer Disputes Redressal Commission, Ernakulam presided by Shri.D.B.Binu (President) , Shri. V.Ramachandran (member) and Smt.Sreevidhia.T.N ( member ) held Federal Bank liable for the loss of the original title deed due to negligence.Brief Facts:The complainant availed a housing loan from Federal Bank, the opposite party, by mortgaging his land . Along with the other...

Pendency Of Criminal Complaint Can't Justify Delay In Filing Consumer Complaint: NCDRC Allows Eastern Railways' Revision Petition

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench of Binoy Kumar (Presiding Member) and Justice Saroj Yadav (Member) held that the filing or pendency of a criminal complaint cannot be used as a ground to condone delay in initiating proceedings under the Consumer Protection Act, 2019. The bench held that allowing such a justification would defeat the...

Karnataka RERA Holds Mantri Developers Liable For Delay, Orders 2.56 Crores Refund To Homebuyer

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), held Mantri Developers liable for delay in handing over possession to the homebuyer and ordered Rs. 2.56 crore refund. Additionally, it directed the builder to foreclose the bank loan taken by the homebuyer in his name to fund the purchase from PNB Housing Finance Limited...

Denial Of Insurance Claim Due To Suppression Of Bleeding Issue During Menstrual Period Prior To Policy , Malappuram District Commission Holds Star Health Insurance Company Liable

The District Consumer Disputes Redressal Commission, Malappuram presided by Sri. Mohandasan K( President) , Smt.Preethi Sivaraman C ( Member ) Sri. Mohamed Ismayil C.V( Member) held Star Health & Allied Insurance Company Limited, liable for deficiency in service and unfair trade practice for denying the insurance claim. It was held that the bleeding issue during menstrual period is...

Frequent Repairs Alone Do Not Establish Manufacturing Defect In Vehicle, NCDRC Allows Appeal Filed By Skoda Volkswagen India

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench of Mr Subhash Chandra (Presiding Member) and AVM J. Rajendra (Member) held that frequent repairs or visits to a workshop alone do not establish an inherent manufacturing defect in a vehicle. Brief Facts: Mr Anuj Gupta (“Complainant) purchased a 'Volkswagen Vento Highline' car from M/s Swami Automobiles...

Homebuyer Cannot Be Forced To Accept Possession Of Flat After Long Delay, Entitled To Refund : Supreme Court

The Supreme Court reaffirmed that homebuyers cannot be forced to accept possession of a property after an undue delay and are entitled to a refund if the unit is not delivered within the agreed timeframe. The bench comprising Justices JK Maheshwari and Aravind Kumar heard the case which revolves around a homebuyer's right to refund when a developer fails to deliver possession of a flat within...

Non-Settling Of Insurance Claim Within Timeframe Is Unfair Trade Practice: Baramulla District Commission

The District Consumer Disputes Redressal Commission Baramulla/Bandipora presided by Peerzada Qousar Hussian (President) and Ms Nyla Yaseen (Member) held Tata AIG General Insurance Company Ltd liable for non-settling the claim of the complainant within the timeframe. The Commission held that the insurer is duty bound to comply with the provisions of Consumer Protection Act and ensure...

Members Can File Consumer Complaint Against Their Co-operative Society: NCDRC

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench of Mr Binoy Kumar (Presiding Member) and Justice Saroj Yadav (Member) directed the State Consumer Disputes Redressal Commission (Karnataka) to decide a case on merits after considering their landmark decision in the case of Smt. Kalawati and Ors. vs M/s United Vaish Cooperative Thrift and Credit...