NCDRC

Whether loss of goods sustained by insured, fall within the meaning of ‘burglary’ as stated in insurance policy

Corporate Law - In the present case, entry by the culprits was by removal of roof sheet which cannot be done without use of force. Hence, it would be a case of violent entry for committing theft/burglary. It means that removal of roof sheets by culprits is considered as forceful entry into premises and hence comes under definition of theft or burglary ba...

NCDRC Order Builder have to refund with interest to Homebuyer

Corporate Law - The Builder will have to refund the amount with interest to Homebuyer if possession of the flat is not given on time. Jaypee Builder has been ordered by The National Consumer Disputes Redressal Commission (NCDRC) to refund the money along with interest for non-delivery of the booked flats in the Cove Greater Noida Project located [&hellip...

NCDRC Orders Ramprastha & Blue Bell Protech to Refund Homebuyers’ Money

Corporate Law - The National Consumer Disputes Redressal Commission (NCDRC) has ordered to refund of the full amount paid by five homebuyers in a residential project in Gurugram and also instructed two Delhi-based builders to pay 9% interest for delay in giving possession of the residential flats. The homebuyers had booked the residential flats in the ...

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

Mankind Pharma PVT. LTD. Vs New India Assurance Co. Ltd. (NCDRC Delhi) - 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 pa...

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

Kamaljit Singh Gill Vs United India Insurance Company Ltd (NCDRC Delhi) - 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

Life Insurance Corporation of India Vs Dr. Nilam Hetalkumar Patel & 4 Ors. (NCDRC Delhi) - 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 sep...

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

Baby Palak Khan & 2 Ors Vs Dr. Amit Upadhyay & 2 Ors. (NCDRC Delhi) - 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

Dr. Anamika Dixit Vs Ankit Jain & 2 Ors. (NCDRC Delhi) - 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....

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Recent Posts in "NCDRC"

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

Mankind Pharma PVT. LTD. Vs New India Assurance Co. Ltd. (NCDRC Delhi)

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

Kamaljit Singh Gill Vs United India Insurance Company Ltd (NCDRC Delhi)

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

Life Insurance Corporation of India Vs Dr. Nilam Hetalkumar Patel & 4 Ors. (NCDRC Delhi)

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 Stat...

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

Baby Palak Khan & 2 Ors Vs Dr. Amit Upadhyay & 2 Ors. (NCDRC Delhi)

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

Dr. Anamika Dixit Vs Ankit Jain & 2 Ors. (NCDRC Delhi)

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

Jagannathi Devi (Dead) Thru Lakhan Lal Gupta Vs Lucknow Development Authority (NCDRC Delhi)

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

Birla Sun Life Insurance Co. Ltd. Vs Ettedi Gangamma (NCDRC Delhi)

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

Jaspal Singh Vs Tata AIG General Insurance Company Limited (NCDRC Delhi)

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

National Insurance Company LTD. Vs Vineemee Construction PVT. LTD. (NCDRC Delhi)

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’

Senior Post Master Serampore Head Post Office Vs Jayanta Goswami & 2 Ors. (NCDRC Delhi)

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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