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Articles for Ncdrc, search results for facts

Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC
4 days, 9 hours ago

Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. The surveyor found 46.667% under-insurance for the building and stated machinery and potato stocks were not covered under the …

Policy Insurance Building Report Commission Complainant Insurer
Insurance Policies Must Be Read Holistically: NCDRC Holds LIC Liable For Deficiency In Service
6 days, 9 hours ago

Insurance Policies Must Be Read Holistically: NCDRC Holds LIC Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi and Dr. Inder Jit Singh held that insurance policies should be read inclusively to meet the reasonable expectations of the insured. Brief Facts of the Case The complainant's deceased son had a life insurance policy from Life Insurance Corporation/insurer. After examining the insurance policy clauses, it concluded that the …

Policy Insurance Commission Insurer Insurance Policies Lic
NCDRC Cannot Act As An Appellate Court To Re-Examine Facts
1 week ago

NCDRC Cannot Act As An Appellate Court To Re-Examine Facts

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that the NCDRC's revisional jurisdiction is limited in nature and it cannot act as an appellate body. Brief Facts of the Case The complainant purchased a plot from a third party, proprietor of M/s Prachi Trade Line, through a registered sale deed. The complainant sought an order from …

Transfer State Commission Act Ncdrc District Forum
Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service
1 week, 3 days 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 …

Insurance Theft Commission Vehicle Insurer Key Claim
Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC
1 week, 3 days ago

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. The surveyor found 46.667% under-insurance for the building and stated machinery and potato stocks were not covered under the …

Policy Building Report Commission Complainant Machinery United India Insurance
NCDRC Upholds SBI Life Insurance's Rejection Of Insurance Claims Due To Non-Disclosure Of Material Facts
3 weeks, 2 days ago

NCDRC Upholds SBI Life Insurance's Rejection Of Insurance Claims Due To Non-Disclosure Of Material Facts

Live Law  

The National Consumer Disputes Redressal Commission presided by AVM J. Rajendra, AVSM VSM, upheld SBI Life Insurance's decision to reject the complainant's claims on the grounds of non-disclosure of the deceased's drug addiction before obtaining the policy. Brief facts: The deceased assured took life insurance worth Rs.5,00,000/- from SBI Life Insurance Company Ltd on 31.01.2013. Contentions of SBI Life Insurance: …

Insurance Life Company State Commission Life Insurance Commission Facts
Signing Discharge Voucher Does Not Prevent Insured Parties From Pursuing Claims : NCDRC Holds Bajaj Allianz Insurance Liable For Deficiency In Service
3 weeks, 3 days ago

Signing Discharge Voucher Does Not Prevent Insured Parties From Pursuing Claims : NCDRC Holds Bajaj Allianz Insurance Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that the denial of an insurance claim merely on the basis that the insured signed discharge vouchers is arbitrary and amounts as deficiency in service. Observations by the National Commission The National Commission observed that the main issue was whether the insurance company …

Insurance Company Commission Complainant Insured
Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service
Trending News
3 weeks, 4 days ago

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that withholding the buyer's deposit amount beyond the estimated date without any prospect for delivering the possession amounts as deficiency in service. Brief Facts of the Case The complainants booked a residential unit from Realtech Development and Infrastructure/developer for Rs. Despite repeated inquiries, …

Developer Complainants Deficiency In Service
Price Hike Without Proper Justification Arbitrary : NCDRC Holds Ghaziabad Development Authority Liable For Deficiency In Service
3 weeks, 6 days ago

Price Hike Without Proper Justification Arbitrary : NCDRC Holds Ghaziabad Development Authority Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a substantial price hike by the developer without a proper justification amounts as deficiency in service.Brief Facts of the Case The complainant was allotted a Duplex House under the Shastri Nagar residential scheme by the Ghaziabad Development Authority/ developer, with a cost of Rs. The National Consumer …

National Price Cost Commission Complainant Developer Proper
Insurance Contract Necessitates Full Disclosure Of Material Facts: NCDRC
2 months, 3 weeks ago

Insurance Contract Necessitates Full Disclosure Of Material Facts: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, in held that an insurance contract mandates utmost good faith, requiring complete disclosure of material facts, and an insurer is entitled to repudiate the contract if such facts are withheld. Challenging the State Commission's order, the insurer pointed out several issues: the Commission ignored medical …

Contract Policy Insurance State Insurer Cld Facts
Inundation In Insurance Policies Include Act Of Flooding As Well As Its Consequences: NCDRC
2 months, 3 weeks ago

Inundation In Insurance Policies Include Act Of Flooding As Well As Its Consequences: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held National Insurance Company liable for deficiency in service due to denial of insurance claim stating that inundation resulting from excessive rainfall does not fall within the flood policy's coverage. Brief Facts of the Case The complainant purchased a Standard Fire and Special Perils insurance policy from the insurer, …

Policy Insurance National Commission Complainant Insurer Heavy Rains
Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC
3 months, 2 weeks ago

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, held that the refunded amount should be paid from the date of deposit and should be both restitutionary and compensatory. Brief Facts of the Case The complainant booked a flat with the Punjab Urban Planning & Development Authority/developer and paid ₹3,00,000 as earnest money. The …

Commission Complainant Developer Refunded Amount
Any Fact Affecting Insurer's Decision Is Material, Failure To Disclose Allows Policy Rejection: NCDRC
4 months, 1 week 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 …

Policy Life Insurance Commission Insurer Material Fact
Onus To Prove Deficiency Lies With Complainant: NCDRC
4 months, 2 weeks ago

Onus To Prove Deficiency Lies With Complainant: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the onus to prove the deficiency of service against the respondent lies with the complainant. The District Forum directed the finance company to hand over the possession of the vehicle to the complainant in the same condition as it was on the date of taking forcible …

Finance Company Commission Vehicle Complainant Possession
Insurance Contracts Imply Duty Of Disclosure By Insured: NCDRC
4 months, 2 weeks ago

Insurance Contracts Imply Duty Of Disclosure By Insured: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that insurance contracts imply a duty of disclosure, and the contracts are voidable at the option of the insurer in case of concealment of information. Brief Facts of the Case The complainant's wife took out a policy under 'Jeevan Anand' from Life Insurance Corporation/insurer, with a sum assured …

Policy Life Insurance Commission Complainant Insurer Claim Disclosure
Repudiation Of Insurance Claim Without Proper Notice Is Evasive: NCDRC
4 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 …

Survey Report Commission Complainant Insurer Claim National Insurance
Surveyor's Report Can't Be Rejected Unless Arbitrary: NCDRC
5 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 …

Insurance Commission Insurer Claim United India Insurance
Insurance Contracts Are Special Contracts Based On Principle Of Full Disclosure: NCDRC
6 months, 3 weeks ago

Insurance Contracts Are Special Contracts Based On Principle Of Full Disclosure: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed a revision petition against Life Corporation India and held that the proposer of an insurance policy must disclose all material facts about the risk involved and be transparent with the facts. The insurer maintained that the policy was invalid due to the false information provided and pointed …

Policy Insurance Second Commission Insurer
Insurance Contracts Should Be Given Plain Meaning: NCDRC
6 months, 3 weeks ago

Insurance Contracts Should Be Given Plain Meaning: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice A. P. Sahi, dismissed a case against United India Insurance and held that unless the terms of an insurance contract are ambiguous, requiring further interpretation, the plain and straightforward meaning of those terms should be applied. Observations by the Commission The Commission observed that the insurer's main contention was that the …

Policy Insurance Interpretation Commission Complainant Insurer Terms
Banks Cannot Disown Liability For Locker Contents: NCDRC Holds Central Bank Liable For Deficiency In Service
6 months, 3 weeks ago

Banks Cannot Disown Liability For Locker Contents: NCDRC Holds Central Bank Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that banks must ensure safety and security to prevent incidents and cannot deny responsibility for the locker's contents. Following the Supreme Court's orders in Amitabha Dasgupta Vs. United Bank of India & Ors, the Commission, referred to the RBI's circular issued on August 18, 2021, outlining banks' liability …

Central Bank Bank Liability Commission Banks Locker Complainant Filed
Concealment Of A Non-Life-Threatening Condition Not Causing Death Should Not Invalidate An Insurance Claim: NCDRC
6 months, 4 weeks ago

Concealment Of A Non-Life-Threatening Condition Not Causing Death Should Not Invalidate An Insurance Claim: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held Life Insurance Corporation liable for deficiency in service over invalidating an insurance case citing non-disclosure of prior non-life-threatening health conditions. Brief Facts of the Case The deceased husband of the complainant purchased two life insurance policies from the Life Insurance Corporation/insurer: Jeevan Tarang Policy for Rs. The primary reliance …

Policy Case Life Insurance Commission Insurer Policies Claim
Supreme Court Annual Digest 2023 - Consumer Law
10 months, 3 weeks ago

Supreme Court Annual Digest 2023 - Consumer Law

Live Law  

A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. 2023 LiveLaw 442 Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. 2023 LiveLaw 902 Consumer Protection Rules, 2020 - Rule 3 prescribed a minimum professional experience of 20 years for consideration to appointment of members …

Consumer Supreme Court Protection Railways Court Purpose Commercial Purpose
Insurance Claim Can Be Rejected On Non-Disclosure Of Material Facts, NCDRC Dismisses Appeal Against Birla Sun Life Insurance Co. Ltd.
1 year, 2 months ago

Insurance Claim Can Be Rejected On Non-Disclosure Of Material Facts, NCDRC Dismisses Appeal Against Birla Sun Life Insurance Co. Ltd.

Live Law  

The National Consumer Disputes Redressal Commission bench comprising Subhash Chandra and AVM J. Rajendra dismissed an appeal against Birla Sun Life Insurance Co. Ltd. filed by the complainant who was the nominee of her deceased husband. The NCDRC highlighted the importance of good faith in insurance contracts and held that the complainant was not entitled to any refund because the …

Policy Insurance Life Information Complainant Deceased Reinstatement
Bank Liable For Fraudulent Online Transaction If Account Holder's Fault Not Proved : NCDRC
3 years, 11 months ago

Bank Liable For Fraudulent Online Transaction If Account Holder's Fault Not Proved : NCDRC

Live Law  

The National Consumer Disputes Redressal Commission recently held that in case of fraudulent transactions leading to withdraw of money from a person's bank account, the concerned bank shall be responsible for the loss, not the customer, if it is not proven that the fraudulent transaction had taken place due to account holder's fault. The NCDRC stated that in a case …

Credit Bank Card Commission Complainant Rbi Taken