Page 2 - Jehangir B Gai

Illegal construction can lead to claim denial

Since the insured didn't oppose the illegal addition to the structure, the National Commission held the claim for loss of stock had been rightly repudiated

Doctor liable to penalty for causing disability

The National Commission observed that evidence indicated Dr Gupta was conducting private practice while employed with a government Primary Health Centre, which was a serious misconduct

Consider consequences before stopping EMI

The National Commission observed that once proceedings before the Debt Recovery Tribunal were completed, Ahmed could file a fresh complaint if a deficiency in service existed

Buyer not bound by one-sided contract

The National Commission held that a buyer can neither be compelled to take possession without an Occupancy Certificate nor kept waiting endlessly for the flat's completion

Bank bound to honour bearer cheque

The National Commission pointed out that by issuing a "self" cheque payable to "bearer", Susheel had relinquished the right to question its encashmentc

Bank held liable for employee oversight

The State Commission concluded that the bank officials had evidently been negligent in failing to compare the signature prior to making payment

Bank held liable for delay in insurance purchase

The National Commission observed that procrastination by the bank in deducting the premium, despite having obtained authorisation, had led to a delay in policy issuance

Insurance should not be misused for unfair gains

The National Commission observed that Aryan Exports' recovery of US $59,180 exceeded the consignment's value and concluded that further claims would amount to unjust enrichment

Insured cannot claim same expense twice

The National Commission concluded that reimbursement for the same head of expense, namely surgeon's fees, cannot be claimed twice

Theft claim rejected as employee role suspected

According to the National Commission, the suspicious manner in which the heavy drums were stolen, without leaving any evidence, provided grounds for repudiating the claim

Doctor liable for shortfall in standard of duty

The National Commission noted the evidence revealed a breach of the required standard of duty and care, as also established in the hospital's internal inquiry report

Airlines face limited liability for lost baggage

The National Commission found no merit in Bhullar's claim that mental tension had affected his performance since he had performed well on the first day

Stalled project: Buyer can pause payments

The National Commission said instalments are linked to the progress of construction. The question of raising any demand didn't arise when there was no progress in construction

Early bond recall: Notify each holder

The National Commission ruled that public notices weren't sufficient. To avoid liability, the bank must send individual notifications and produce proof of having served them

Definition of consumer includes beneficiary

The National Commission observed that the nominee is the rightful claimant under a policy, hence there was no merit in the objection that she couldn't file a complaint

Exclusion clauses must be communicated

The National Commission held there was no evidence to show that Veena had been served the terms and conditions governing the policy

Fake licence: Renewal won't make it valid

The National Commission further concluded that even a genuine and valid renewal cannot legitimise an originally counterfeit driving licence

Non-disclosure doesn't apply to known facts

The National Commission considered that the law provided that jurisdiction could be based on the complainant's place of residence.

Bank held liable for fraud by its manager

The National Commission noted that other bank officials had blamed its own manager for embezzlement, so for the bank to accuse PHFI's employees was an afterthought

Class action: Sameness of interest is a given

The builder contended there was no sameness of interest: some buyers had accepted compensation, others had protested and accepted, and yet others had refused it outright