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NCDRC/SCDRC

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

October 9, 2023 1395 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 2334 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 2154 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 2169 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 1182 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 711 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.

Detaining person forcefully by Railway Personnel without giving an opportunity to unload the luggage would constitute ‘deficiency of Service’

September 29, 2023 852 Views 0 comment Print

In present facts of the case the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that Railway Personnel were liable for ‘deficiency of Service’ when the Complainant was detained forcefully from the train without letting him to unload his luggage due to which the luggage was lost and the Complainant have to bear the financial loss.

No responsibility or liability persists if exemption been granted through Government MoU

September 28, 2023 654 Views 0 comment Print

In present facts of the case, NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that when Government of India had itself exempted the Petitioner from any obligation to verify the Interest Subsidy Schemes received from any Bank other than the Petitioner/Bank itself then the Petitioner cannot be hold responsible.

Person engaged in activities for generating profits would not come under ambit of definition of Consumer

September 28, 2023 411 Views 0 comment Print

In present facts of the case the Appeal was under Section 19 of the Consumer Protection Act, 1986 against the impugned Order dated 31.12.2015 passed by the Jharkhand State Consumer Disputes Redressal Commission, Ranchi in Consumer Complaint No. 06/2011, whereby the Complaint filed by the Complainant was partly allowed.

Nexus between disease & cause of death have to be proved in order to repudiate claim: NCDRC

September 28, 2023 2796 Views 0 comment Print

In present facts of the case, the present Revision Petition was filed by the Petitioner against Respondents as detailed above, under section 58 (b) of Consumer Protection Act 2019, against the order dated 28.07.2021 of the State Consumer Disputes Redressal Commission, Karnataka.

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