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...
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 Build...
Corporate Law : The National Consumer Disputes Redressal Commission (NCDRC) has ordered to refund of the full amount paid by five homebuyers in a ...
Corporate Law : The Court held that exclusion clause 5 could not justify repudiation of the boiler explosion claim. The insurer cannot rely on pos...
Corporate Law : The Supreme Court applied the dominant-purpose principle and concluded that an established company buying specialized process-auto...
Company Law : The NCDRC ruled in favor of SBI Life, stating no insurance contract was formed since the insurer had not communicated its acceptan...
Corporate Law : The NCDRC ruled on a hotel's insurance claim, stating that a surveyor's report is valid unless challenged with credible evidence. ...
Corporate Law : The NCDRC has ruled that a surveyor's report is not binding. The court ordered United India Insurance to pay a ₹3.5 crore claim,...
The National Commission modified the Order of State Commission by reducing the rate of interest from 12% to 9% in the matter of delayed possession of Apartment and further it was held that since the compensation in the form of interest @9% p.a. has already been awarded, the Complainant shall not be entitled for any other compensation.
The National Consumer Disputes Redressal Commission observed that in the insurance matters Surveyor’s Report is not the final word and it is not binding upon the insured or insurer. It was also upheld that when the Company certified while issuing the policy that there is a first class construction, then the plea of pre-existing defect in the structure of the insured building cannot be taken into consideration.
National Consumer Disputes Redressal Commission observed that Educational matters do not come within the purview of the Consumer Protection Act, 1986 and therefore Educational Institute would also not fall within the purview of it.
In present facts of the case, the National Consumer Disputes Redressal Commission have observed that contract of insurance is a contract of indemnity and, therefore, there is no question of commercial purpose in obtaining insurance coverage. Therefore, the complaint against Insurance Company is maintainable.
In the present complaint, Opposite Parties have tampered with original MRP Price of oil sachet and charged extra amount more than MRP.
Held that Complainant duly paid the amount, however, the developer failed in providing timely construction service. It is directed to refund the amount already paid by Complainant, along with interest @6% p.a.
Dr. R. Singh vs Smt. Shabana (Delhi State Consumer Disputes Redressal Commission) Only the failure of the treatment is not prima facie a ground for Medical Negligence and in order to attract the principle of res ipsa loquitur, Negligence i.e. the breach of a duty exercised by omission to do something which a reasonable man, […]
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 […]
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 based on the circumstances of the case and hence insurance company is liable for payment of claim.
We hold that the appellant could not have been directed to amend the complaint to challenge the repudiation of the contract of insurance. The appellant has stated that it does not wish to do so.
