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Doubt in Surveyor’s Report Leading to Non-Assessment by Insurance Company constitute Service Deficiency

October 12, 2023 675 Views 0 comment Print

In present facts of the case, the National Commission observed that where the Final Surveyor’s Report credibility becomes doubtful and at the same time no assessment have been made by the Insurance Company casts a severe shadow on their inaction indicating towards a deficiency in service on the part of the Insurance Company as well.

Insurance Policy applicable to whole India & not limited to concerned premises of Insured

October 11, 2023 495 Views 0 comment Print

In present facts of the case, the National Commission allowed the Revision Petition filed by the Complainant by making observation that the Insurance Policy pertaining to theft would be applicable to whole India as provided in the Insurance Policy.

Insurance Claim Rejection Unjustified: No Link Between Depression & Fatal Cardiovascular Arrest

October 11, 2023 612 Views 0 comment Print

In present facts of the case, the Revision Petition have been filed by the Petitioner – LIC against Respondents under section 21 (b) of Consumer Protection Act 1986, against the order dated 25.01.2019 of the State Consumer Disputes Redressal Commission Gujarat. The Complainants have also filed separate Consumer Complaint before the State Commission due to the pecuniary jurisdiction.

Medical Negligence to be proved According to Apex Court Standards: NCDRC

October 9, 2023 462 Views 0 comment Print

In present facts of the case, the National Commission while dismissing the Complaint observed that in the absence of any omission, rashness negligence much less gross negligence the allegation made against the Opposite Parties have not been established and hence no relief could be made out.

Revisionary Jurisdiction can be exercised only on prima facie Jurisdictional Error: NCDRC

October 9, 2023 603 Views 0 comment Print

In present facts the National Commission dismissed the Appeal by observing that the scope in a Revision Petition is limited. Such powers can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order.

Interest on Deposited Amounts: Restitutionary and Compensatory

October 3, 2023 1068 Views 0 comment Print

The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (hereinafter referred as “the Act”) against the Order dated 01.09.2021 passed by the learned State Consumer Disputes Redressal Commission, U.P. Lucknow.

Direct relationship between concealed disease and death of Insured have to be established in denial of claim

October 2, 2023 1185 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) have held that suppression of facts would be tenable if there is direct relationship between disease which has been concealed and the death of the Insured.

Ownership of the vehicle would be considered to be transferred as per the provisions of Sale of Goods Act, 1930: NCDRC

October 2, 2023 966 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that ownership of the vehicle would be considered to be transferred as per the provisions of Sale of Goods Act, 1930.

Insurer cannot take ground at subsequent stage which are entirely different from those relied upon while repudiating the claim: NCDRC

October 2, 2023 606 Views 0 comment Print

In present facts of the case the National Commission while dismissing the Appeal observed that the Appellant cannot take ground which are entirely different from those relied upon while repudiating the claim at a subsequent stage.

Allowing in withdrawal of amount by violating ‘Postal Department Rules’ would constitute ‘Deficiency in Service’

September 29, 2023 357 Views 0 comment Print

In present facts of the case, the Revision Petition (RP) was filed under section 21 (b) of Consumer Protection Act 1986, against the order dated 08.05.2019 of the State Consumer Disputes Redressal Commission West Bengal.

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