Jehangir B Gai

Export insurance claim dismissed over delayed declarations, premium

Advance premium had to be deposited to secure coverage under Section 64VB of the Insurance Act. Failure to fulfil this obligation meant the risk was not covered

Consumer protection: Retailer held liable for selling defective earpiece

"We undertake to repair/replace all material and manufacturing defects within the warranty period." The National Commission concluded this made it equally responsible for repair or replacement

Forcible repossession by lenders is illegal; file police complaint

The National Commission observed that Singh had admittedly defaulted in payment, but there was no evidence to prove that the bank had served a notice prior to repossessing the vehicle

Consumer protection: Changes in insurance policy terms must be conveyed

The National Commission noted that critical illness risk should have been included by the insurer to avoid prejudice caused by the discontinuation of this risk

Facing pension delays? File a consumer complaint for quick resolution

National Commission observed the dispute was for pension benefit for which consideration in the form of contribution had been paid, so the complaint was maintainable

Consumer protection: The complaint not barred if default continues

The National Commission held the failure to repay the principal and interest had kept the cause of action alive, hence the complaint couldn't be regarded as time-barred

Consumer protection: Bank not liable for lack of pledged goods cover

The National Commission noted that merely because the bank had obtained the previous policy did not absolve the customer of its primary responsibility to obtain coverage

Heavy rain damage covered under policy for 'flood' and 'inundation'

The National Commission concluded that the policy's coverage for flood and inundation would include losses caused by heavy rains

Producer held liable for faulty tiles

The National Commission observed that the State Commission had blindly relied on Johnson's report without bothering to consider the Institute's report and Dr Mishra's evidence

Police department held liable for lapsed policies

The National Commission dismissed the police department's defence of discontinuing the premium deductions based on oral instructions, without obtaining a written confirmation

Vehicle cover transfers to buyer on registration

The National Commission ruled that the insurance policy is deemed to be automatically transferred to the purchaser when the vehicle is registered in their name

Force majeure plea must be backed by evidence

The National Commission relied on past Supreme Court judgments to conclude that failure to hand over timely possession entitled the allottee to a refund along with interest

Municipal corp's plan revisions deemed illegal

The judge ruled that the disclosures in the original plan would remain valid and declared the subsequent eight revisions illegal

Revive policy or accept surrender value

The National Commission noted that if the policyholder wanted reinstatement, he should have made a written request and cleared the premiums

Frivolous complaint can cost consumer dearly

National Commission concluded that false and baseless allegations had been made in the complaint to claim a highly exaggerated and atrocious amount of compensation

Bank accountable for clearing forged cheque

Citing a Reserve Bank of India circular, the National Commission stated that the liability for honouring a forged cheque vests with the paying bank

Basic fire policy doesn't cover self-ignition

The National Commission, on reviewing the Fire and Standard Perils Policy, found that spontaneous combustion is excluded unless additional coverage for it is specially purchased

Terms of contract override sales pitch

The SC said that Monga could not be allowed to question the interest rate after having acquiesced by signing the loan agreement

Typo can't be basis for denial of claim

The State Commission concluded the insurer could not take advantage of a typographical error on the bank's part to repudiate a legitimate claim

Claim not payable for questionable deals

The National Commission observed that the buyer had categorically denied placing an order or receiving the goods, so the recipient's identity remained unclear