Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount
3 months ago

Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount

Live Law  

The Uttarakhand State Commission, presided by Mr. M.K. Singh held National Insurance liable for deficiency in service and upheld the District Commission's order. Consequently, the insurer appealed before the State Commission of Uttarakhand. Contentions of the Insurer The insurer argued that the complainant breached policy terms and did not intimate the theft promptly. However, the complainant contended that the insurer was promptly informed about the theft and was later issued a legal notice.

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History of this topic

Cylinder Blast Due To Gas Leakage, Thrissur District Commission Holds Indian Oil Corporation Liable For Deficiency In Service
1 month ago

Cylinder Blast Due To Gas Leakage, Thrissur District Commission Holds Indian Oil Corporation Liable For Deficiency In Service

Live Law  

The District Consumer Disputes Redressal Commission, Thrissur bench of Sri C.T. Sreeja S. and Sri Ram Mohan R. held 'Indian Oil Corporation' liable for deficiency in service and unfair trade practice for manufacturing defects in a gas cylinder, which blasted due to an internal gas leakage. Brief Facts: The Complainant purchased a gas cylinder, manufactured by Indian Oil Corporation, from …

National Insurance Company Held Liable For Deficiency In Service For Denying Full Policy Amount To Complainant
1 month ago

National Insurance Company Held Liable For Deficiency In Service For Denying Full Policy Amount To Complainant

Live Law  

The District Consumer District Redressal Commission Ernakulam held National Insurance Company Ltd liable for deficiency in service. Claiming the entitlement to receive the rest of the amount, the Complainant approached the Opposite Party stating that the Opposite Party was required to ensure the full payment of the policy amount. Hence, the Complainant approached the District Consumer Disputes Redressal Commission Ernakulam …

Delay In Settling Insurance Claim: NCDRC Holds Oriental Insurance Liable For Deficiency In Service
2 months, 2 weeks ago

Delay In Settling Insurance Claim: NCDRC Holds Oriental Insurance Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker held Oriental Insurance liable for deficiency in service over wrongful repudiation and delay in settling the insurance claim amount. Brief Facts of the Case The complainant insured their ferro alloy production unit with Oriental Insurance under a Standard Fire and Special Perils Policy, covering material …

Consumer Cases Weekly Round Up:[ 23rd December – 29th December 2024]
2 months, 3 weeks ago

Consumer Cases Weekly Round Up:[ 23rd December – 29th December 2024]

Live Law  

National Consumer Disputes Redressal Commission NCDRC Holds Bajaj Insurance Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim Case Title: Vasantiben Vs. Bajaj Allianz Life Insurance Company Ltd Case Number: R.P. Delhi State Commission Holds National Insurance Company Liable For Rejecting Claim Due To Bariatric Surgery Case Title: National Insurance Co. Ltd. Shanta Devi & Ors Case No: …

Insurers Cannot Introduce New Repudiation Grounds : Delhi State Commission Holds National Insurance Liable
2 months, 3 weeks ago

Insurers Cannot Introduce New Repudiation Grounds : Delhi State Commission Holds National Insurance Liable

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held National Insurance liable for deficiency in service over wrongful repudiation of legitimate insurance claims. Aggrieved, the insurer appealed before the State Commission of Delhi Contentions of the Insurer The insurer contended that the complainant violated policy conditions by failing to disclose a past fire incident. Observations …

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts
2 months, 3 weeks ago

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts

Live Law  

The Baramulla District Consumer Disputes Redressal Commission has held Reliance General Insurance company liable for repudiating the genuine insurance claim of the complainant in an unreasonable manner. Brief background: The complainant purchased a vehicle truck TATA Signa from Fear Deal TATA motors in Srinagar and got it insured with Reliance General Insurance company for an amount of Rs. The Insurance …

Consumer Cases Annual Digest 2024 [Part -I]
2 months, 3 weeks ago

Consumer Cases Annual Digest 2024 [Part -I]

Live Law  

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

Percentage Of No Claim Bonus Should Be Reduced From Claimed Amount: Uttarakhand State Commission Modifies Amount Awarded
2 months, 3 weeks ago

Percentage Of No Claim Bonus Should Be Reduced From Claimed Amount: Uttarakhand State Commission Modifies Amount Awarded

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand presided by Ms. Kumkum Rani and Mr. B.S. Manral held that the percentage of No Claim Bonus that has already been availed from the previous insurance company should be reduced from the claimed amount by the complainant. Later, on 12.09.2016 the car was insured with United India Insurance Company Limited for the 2nd …

Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service
3 months, 1 week ago

Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that for an insurer to deny a legitimate claim, the violations alleged by them have to constitute a fundamental breach. Observations by the National Commission The National Commission observed that the central issue in this case was whether leaving the key in the vehicle was a fundamental breach …

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence
3 months, 1 week ago

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence

Live Law  

The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri and Mr. Rajesh K. Arya held 'New India Assurance Company Limited' liable for rejecting the insurance policy of the complainant on the basis of unreliable evidence about alcohol consumption by the complainant. Brief facts: The complainant insured his Honda Jazz car for ₹4,80,000/- with New India Assurance …

Uttarakhand State Commission Holds United India Insurance Company Liable For Rejecting Insurance Claim Suffered Due To Heavy Rains
3 months, 1 week ago

Uttarakhand State Commission Holds United India Insurance Company Liable For Rejecting Insurance Claim Suffered Due To Heavy Rains

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand presided by Ms. Kumkum Rani and Mr. B.S. Manral, held United India Insurance Company liable for rejecting the insurance claim of the complainant as loss suffered due to heavy rain was covered under the terms of their insurance policy. The commission relied on importance of surveyor's report and modified the compensation amount accordingly, …

Telangana State Commission Holds LIC Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim
3 months, 1 week ago

Telangana State Commission Holds LIC Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim

Live Law  

The Telangana State Commission, presided by Smt. V. V. Seshubabu held Life Insurance Corporation liable for deficiency in service for wrongful repudiation of a legitimate insurance claim. However, the insurer rejected the insurance claim of the complainant on grounds that there was no permanent disability. Observations by the State Commission The Commission observed that the insurer rejected the claim, stating …

Burden of Proof On Insurer To Substantiate Reasons For Denial Of Claim : Telangana State Commission Holds LIC Liable For Deficiency In Service
3 months, 1 week ago

Burden of Proof On Insurer To Substantiate Reasons For Denial Of Claim : Telangana State Commission Holds LIC Liable For Deficiency In Service

Live Law  

The Telangana State Commission, presided by Smt. V. V. Seshubabu held Life Insurance Corporation liable for deficiency in service and held that the burden of proof to prove the basis for the repudiation of claim lies with the insurer. Brief Facts of the Case The complainant's deceased husband had a life insurance policy worth Rs. Observations by the State Commission …

Additional Claims Cannot Be Made Once The Claim Is Accepted Unconditionally: Uttarakhand State Commission Allows Insurance Company's Appeal
3 months, 2 weeks ago

Additional Claims Cannot Be Made Once The Claim Is Accepted Unconditionally: Uttarakhand State Commission Allows Insurance Company's Appeal

Live Law  

The Uttarakhand State Consumer Disputes Redressal Commission bench of Ms. Kumkum Rani and Mr. B.S. Being aggrieved, the Complainant filed a complaint before the District Consumer Disputes Redressal Commission, Haridwar against the insurance company. Contentions of Reliance General Insurance Co. Ltd: The Appellant contended complainant was engaged in commercial activity and was not entitled to any compensation from the insurance …

Delhi State Commission Holds IFFCO-Tokio Liable For Deficiency In Service Over Wrongful Repudiation Of Claim
3 months, 2 weeks ago

Delhi State Commission Holds IFFCO-Tokio Liable For Deficiency In Service Over Wrongful Repudiation Of Claim

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held IFFCO-Tokio General Insurance liable for deficiency in service over wrongful repudiation of a legitimate insurance claim. Contentions of the Insurer The insurer argued that the complainant is not a “consumer” under the Consumer Protection Act, 1986, as the insurance was bought for commercial purposes. Observations by …

Delayed Intimation To Insurer Does Not Warrant Total Rejection Of Claims: Delhi State Commission Holds New India Assurance Liable For Deficiency In Service
3 months, 2 weeks ago

Delayed Intimation To Insurer Does Not Warrant Total Rejection Of Claims: Delhi State Commission Holds New India Assurance Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that an insurer cannot reject a claim solely on the basis of late intimation by the insured as such an act amounts to deficiency in service. Brief Facts of the Case The complainant, a poor villager, purchased a tractor for agricultural work, financed by the State Bank …

Rejection Of Insurance Claim Valid If Insured Does Not Follow Policy Terms: Delhi State Commission Reject Claims Of Deficiency Against National Insurance
3 months, 2 weeks ago

Rejection Of Insurance Claim Valid If Insured Does Not Follow Policy Terms: Delhi State Commission Reject Claims Of Deficiency Against National Insurance

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal And Ms. Pinki held that the insurer can reject the insurance claim if the insured has not complied with the policy terms stated. Her son later approached the insurer to request a name change on the policy but was told to first update the vehicle's ownership with the RTO. According …

Denial Of Insurance Claim Is Justified In Case Of Breach Of Insurance Contract By The Insured Person: Delhi State Commission
3 months, 2 weeks ago

Denial Of Insurance Claim Is Justified In Case Of Breach Of Insurance Contract By The Insured Person: Delhi State Commission

Live Law  

Delhi State Consumer Disputes Redressal Commission ruled that denial of insurance claim by “United India Assurance Co. ltd.” is valid where the insured person violates the terms of insurance policy. A coram of President Sangita Dhingra Sehgal and Judicial member Pinki held that non-submission of requisite and essential documents,as per the terms of policy, by the Complainant for due assessment …

Rejection Of Claim Within Policy Waiting Period Not Deficiency In Service: Uttarakhand State Commission Allows Appeal By Universal Sompo General Insurance
3 months, 2 weeks ago

Rejection Of Claim Within Policy Waiting Period Not Deficiency In Service: Uttarakhand State Commission Allows Appeal By Universal Sompo General Insurance

Live Law  

The Uttarakhand State Commission, presided by Ms. Kumkum Rani and Mr. B.S. Manral held that an insurer's rejection of the claim due to the applicable waiting period under the policy does not constitute a deficiency in service. Observations by the State Commission The State Commission noted that the insurer had disallowed the claim on the grounds of the one year …

Dealer Responsible For Repairing Product If Insurance Facilitated Through Them : Uttarakhand State Commission
3 months, 2 weeks ago

Dealer Responsible For Repairing Product If Insurance Facilitated Through Them : Uttarakhand State Commission

Live Law  

The Uttarakhand State Commission, presided by Mr. M. K. Singhal and Mr. C.M. Singh held a dealer responsible for the repair/ replacement of the product as the insurance was indirectly facilitated by them and the customer had already paid the insurance premium. As a result, the complainant filed a complaint before the District Commission against both the dealer and the …

Failure To Notify Customer Upon Reaching Credit Limit : Uttarakhand State Commission Holds BSNL Liable For Deficiency In Service
3 months, 2 weeks ago

Failure To Notify Customer Upon Reaching Credit Limit : Uttarakhand State Commission Holds BSNL Liable For Deficiency In Service

Live Law  

The Uttarakhand State Commission, presided by Mr. M. K. Singhal and Mr. C. M. Singh, held that failure to notify a customer when 80% of the credit limit is reached, as required by TRAI rules, amounts to deficiency in service. The District Commission ruled in the complainant's favour, prompting BSNL to challenge the decision at the State Commission of Uttarakhand. …

Anantapur District Commission Holds Shriram General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
3 months, 2 weeks ago

Anantapur District Commission Holds Shriram General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

Live Law  

The District Consumer Disputes Redressal Commission, Anantapur bench of Smt. D. Grace Mary and Sir B. Gopinath held 'Shriram General Insurance Company Limited' liable for deficiency in service for its failure to settle a valid claim amount assessed under IRDA approved survey findings. Observations of the Commission: The District Commission observed that the Insurance Company had appointed an IRDA-approved surveyor …

Kerala State Commission Upholds Order Against Reliance Insurance Company To Pay Treatment Expenses To Complainant
3 months, 3 weeks ago

Kerala State Commission Upholds Order Against Reliance Insurance Company To Pay Treatment Expenses To Complainant

Live Law  

While upholding the decision of the Kasaragod District Consumer Disputes Redressal Commission, the Kerala State Consumer Disputes Redressal Commission bench comprising of Mr. Justice B. Sudheendra Kumar, Mr. Ajith Kumar and Mr. Radhakrishnan K.R. Previously, District Commission had held Reliance Insurance liable for the deficiency of service for not paying the claim of the complainant who had taken coverage of …

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation
4 months ago

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

Live Law  

The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal, Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident. The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference …

Bihar State Commission Holds Bajaj Allianz General Insurance Co. Liable For Wrongful Repudiation of Valid Claim
4 months, 1 week ago

Bihar State Commission Holds Bajaj Allianz General Insurance Co. Liable For Wrongful Repudiation of Valid Claim

Live Law  

The State Consumer Disputes Redressal Commission, Bihar bench of Gita Verma and Md. Shamim Akhtar held Bajaj Allianz General Insurance Co. Ltd. liable for deficiency in service for wrongfully repudiating a valid insurance claim despite receiving all required documents. The van was also insured with Bajaj Allianz General Insurance Co. Ltd., with a coverage of Rs. Based on the unchallenged …

National Commission Rejects Oriental Insurance's Appeal, Finds Them Liable for Deficiency in Service
4 months, 3 weeks ago

National Commission Rejects Oriental Insurance's Appeal, Finds Them Liable for Deficiency in Service

Live Law  

National Consumer Disputes Redressal Commission (NCDRC) has held Oriental Insurance liable for deficiency in service in a case concerning a medical insurance claim. The insurer argued that the treatment received by the complainant's wife was for weight reduction, which was excluded under the insurance policy's exclusion clause. However, the National Commission found that the insurer failed to prove that the …

Terms Of Insurance Contracts Should Be Strictly Interpreted: NCDRC
5 months, 2 weeks ago

Terms Of Insurance Contracts Should Be Strictly Interpreted: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, dismissed an appeal against National Insurance Company and held that insurance contract terms must be strictly interpreted, with precise adherence to their explicit wording and no alterations made. Contentions of the Insurer The insurer contended that the complainants secured a home loan to purchase the …

Himachal Pradesh State Commission Holds United India Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
5 months, 3 weeks ago

Himachal Pradesh State Commission Holds United India Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

Live Law  

The State Consumer Disputes Redressal Commission, Himachal Pradesh bench of Justice Inder Singh Mehta held 'United India Insurance Company Limited' liable for wrongful repudiation of a medical claim based on erroneous interpretation of the policy's clauses. Observations of the State Commission: The State Commission observed the condition stated by the Insurance Company for repudiating the claim, was not applicable to …

Any Fact Affecting Insurer's Decision Is Material, Failure To Disclose Allows Policy Rejection: NCDRC
7 months ago

Any Fact Affecting Insurer's Decision Is Material, Failure To Disclose Allows Policy Rejection: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that any fact that could impact a prudent insurer's decision is considered material, and failing to disclose it gives the insurer the right to reject the policy. The commission agreed with the State Commission's finding that this omission was deliberate and fraudulent, citing Satwant …

Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC
7 months, 1 week ago

Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held National Insurance liable for deficiency in service and held that the interpretation of insurance policy terms should consider the context and the parties' intentions and mere delay in informing the insurer of theft does not automatically repudiate the insurance claim. Observations by the National Commission The National Commission …

Repudiation Of Insurance Claim Without Proper Notice Is Evasive: NCDRC
7 months, 2 weeks ago

Repudiation Of Insurance Claim Without Proper Notice Is Evasive: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Binoy Kumar and Justice Sudip Ahluwalia, held that denying the claim without prior notice or sharing the survey report is deceptive in nature. The insurer cited the Supreme Court's decision in Suraj Mal Ram Niwas Oil Mills Ltd. v. United India Insurance Co. Ltd., which requires a strict interpretation of insurance …

East Godavari District Commission Holds Aditya Birla Health Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
7 months, 3 weeks ago

East Godavari District Commission Holds Aditya Birla Health Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

Live Law  

The District Consumer Disputes Redressal Commission, East Godavari bench of Sri D. Kodanda Rama Murthy, Sri S. Suresh Kumar and Smt. Lakshmi held Aditya Birla Health Insurance Company Ltd. liable for wrongful repudiation of a valid health insurance claim based on pre-existing diseases. Brief Facts: The Complainant obtained a health insurance policy from Aditya Birla Health Insurance Co. Ltd. for …

Consumer Cases Weekly Round-Up: 22nd To 28th July 2024
7 months, 3 weeks ago

Consumer Cases Weekly Round-Up: 22nd To 28th July 2024

Live Law  

State Consumer Disputes Redressal Commission, Goa Insurer Not Liable For Unreasonable Delay In Claim Intimation, Goa State Commission Dismisses Appeal Against Oriental Insurance Company The State Consumer Disputes Redressal Commission, Goa bench comprising Mrs Varsha R. Bale and Ms Rachna Anna Maria Gonsalves dismissed an appeal against Oriental Insurance Company, based on an unreasonable delay on the Complainant's part while …

Ernakulam District Commission Holds Future Generali India Insurance Co. Liable For Wrongful Repudiation Of Genuine Medical Claim
7 months, 3 weeks ago

Ernakulam District Commission Holds Future Generali India Insurance Co. Liable For Wrongful Repudiation Of Genuine Medical Claim

Live Law  

The District Consumer Disputes Redressal Commission, Ernakulam bench of Shri D.B. held Future Generali India Insurance Company Ltd. liable for deficiency in service. Brief Facts: The Complainant took a Corona Rakshak Policy from Future Generali India Insurance Company Limited. Therefore, the District Commission held that the Insurance Company wrongfully repudiated the Complainant's claim. Case Title: Ajaychand V. vs Future Generali …

Deciding Time-Barred Consumer Complaints Is Illegal, Uttarakhand State Commission Sets Aside Order Against Shriram General Insurance Co.
8 months ago

Deciding Time-Barred Consumer Complaints Is Illegal, Uttarakhand State Commission Sets Aside Order Against Shriram General Insurance Co.

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand bench of Ms Kumkum Rani and Mr B.S. Feeling aggrieved, the Complainant filed a consumer complaint before the District Consumer Disputes Redressal Commission, Haridwar, Uttarakhand. Aggrieved by this decision, the Insurance Company filed an appeal before the State Consumer Disputes Redressal Commission, Uttarakhand. Observations of the Commission: The State Commission observed that the …

Consumer Cases Half-Yearly Digest: January To June 2024
8 months ago

Consumer Cases Half-Yearly Digest: January To June 2024

Live Law  

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

Consumer Cases Monthly Digest: June 2024
8 months ago

Consumer Cases Monthly Digest: June 2024

Live Law  

National Consumer Disputes Redressal Commission Limitation Period Under Policy Is Shorter Than Statutory Period For Filing Complaint, Unenforceable And Void: NCDRC Holds Oriental Insurance Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker, held that the Consumer Protection Act 1986 provides a two-year limitation period for filing a complaint, and the …

Consumer Complaints Must Be Lodged Within Two Years From Date Of Cause Of Action: Delhi State Commission
8 months, 1 week ago

Consumer Complaints Must Be Lodged Within Two Years From Date Of Cause Of Action: Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, dismissed a complaint against Oriental Insurance Ltd., citing the presence of a limitation clause. It was further held that consumer complaints are time-barred and need to be filed within two years from the date of the action unless sufficient reasons are present. Observations by the State Commission …

Gurgaon District Commission Holds AEGON & Religare Life Insurance Co Liable For Wrongfully Repudiating Genuine Claim
8 months, 2 weeks ago

Gurgaon District Commission Holds AEGON & Religare Life Insurance Co Liable For Wrongfully Repudiating Genuine Claim

Live Law  

The District Consumer Disputes Redressal Commission, Gurgaon bench of Sanjeev Jindal and Jyoti Siwach held AEGON & Religare Life Insurance Company liable for deficiency in services for repudiating a genuine medical claim despite receiving all necessary documents from the insured. Brief Facts: The Complainant opted for an insurance policy from AEGON & Religare Life Insurance Company Limited with maturity on …

Delivery Of Different Watch Instead Of Tommy Hilfiger, Udupi District Commission Holds Myntra And Titan Liable
8 months, 2 weeks ago

Delivery Of Different Watch Instead Of Tommy Hilfiger, Udupi District Commission Holds Myntra And Titan Liable

Live Law  

The District Consumer Disputes Redressal Commission, Udupi bench of Sunil T. Masaraddi and Sujata B. Koralli held Myntra and Titan liable for deficiency in services for delivering a different branded watch instead of Tommy Hilfiger and subsequently failing to refund the money. Brief Facts: The Complainant ordered a Tommy Hilfiger Men Black Dial and Black Straps Analogue Watch valued at …

Courts Must Favour Complainant In Case Of Presence Of Two Interpretations Of Same Clause: Ernakulam District Commission
8 months, 3 weeks ago

Courts Must Favour Complainant In Case Of Presence Of Two Interpretations Of Same Clause: Ernakulam District Commission

Live Law  

The Ernakulam District Commission, presided by Shri. Sreevidhia T.N., held Star Health & Allied Insurance liable for deficiency in service and unfair trade practice. The insurer maintained there was no deficiency in service or unfair trade practice, contested the ₹1,20,000 hospitalization expenses, and argued any liability should be limited to ₹95,286, excluding non-medical expenses. Observations by the District Commission The …

Surveyor's Report Can't Be Rejected Unless Arbitrary: NCDRC
8 months, 3 weeks ago

Surveyor's Report Can't Be Rejected Unless Arbitrary: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, allowed an appeal by United India Insurance and held that the surveyor's report in an insurance cannot be rejected unless proved to be arbitrary and unreasonable. Brief Facts of the Case The complainant, a poultry feed producer, stored raw and finished materials in a building insured by United …

No Proof Of Pre-Existing Disease, Kangra District Commission Holds Star Health And Allied Insurance Co Liable For Wrongful Repudiation
9 months ago

No Proof Of Pre-Existing Disease, Kangra District Commission Holds Star Health And Allied Insurance Co Liable For Wrongful Repudiation

Live Law  

The District Consumer Disputes Redressal Commission, Kangra bench of Hemanshu Mishra, Arti Sood and Narayan Thakur held Star Health and Allied Insurance Co. Ltd liable for deficiency in services due to its unjustified rejection of a genuine claim. The bench held that the Insurance Company repudiated the claim without conducting a proper investigation or obtaining affidavits from treating doctors regarding …

Transfer Insurance Claim On Car, Not Followed Proper Procedure , Insurance Company Not Liable : NCDRC
9 months ago

Transfer Insurance Claim On Car, Not Followed Proper Procedure , Insurance Company Not Liable : NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, dismissed a complaint against Oriental Insurance and held that proper procedures should be followed in case of a policy transfer. Following an estimated repair cost of ₹21,36,572 from an authorized service center, the complainant filed a claim with the insurer, which was denied because the Registration Certificate was still …

Failure To Resolve Credit Issue Within Promised Deadline, Ernakulam District Commission Holds Myntra Liable
9 months, 1 week ago

Failure To Resolve Credit Issue Within Promised Deadline, Ernakulam District Commission Holds Myntra Liable

Live Law  

The District Consumer Disputes Redressal Commission, Ernakulam bench comprising Shri D.B. held Myntra liable for deficiency in service for failure to resolve the issue with the Complainant's credit points within the promised deadline. Seeking a refund of the credited amount, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Ernakulam, Kerala. Observations of the Commission: The …

Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.
9 months, 1 week ago

Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand bench of Kumkum Rani and Mr B.S. The bench dismissed an appeal filed against the New India Assurance Co. by holding that there existed no renewed insurance contract at the time of the loss and the Insurance Company refunded the premium which was automatically deducted by the bank. Feeling aggrieved, the Complainant filed …

Directly Remitting Insurance Claim Amount Without Mutual Consent Is Unfair Trade Practice: NCDRC
9 months, 1 week ago

Directly Remitting Insurance Claim Amount Without Mutual Consent Is Unfair Trade Practice: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held New India Assurance liable for unfair trade practice for directly depositing the insurance claim amount into the insured's account with arbitrary deductions and without mutual consent. Contentions of the Insurer The insurer argued that the State Commission erred in disregarding the surveyor's report mandated …

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
9 months, 2 weeks ago

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024

Live Law  

National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. National Consumer Disputes Redressal Commission Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service Case Title: Mohan Shyam Dubey Vs. M/S Emaar MGF Land Ltd. National Consumer Disputes Redressal …

Quantification In Insurance Is Mandatory Even For Inadmissible Claims: NCDRC
9 months, 2 weeks ago

Quantification In Insurance Is Mandatory Even For Inadmissible Claims: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that in the insurance industry, quantifying a loss is a standard procedural step that surveyors must perform for every claim, regardless of whether that claim is ultimately deemed admissible or not. However, upon receipt of the claim, the insurer repudiated it, contending that the …

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