Jehangir B Gai

Mis-selling of insurance policies: Full premium should be refunded

The National Commission acknowledged that the complainant, a retiree, couldn't afford a 10-year annual premium and concluded that the agent had misled him

Consumer protection: Flat sale to third party illegal if agreement valid

The State Commission found that termination of the agreement through a lawyer's notice was illegal; a registered agreement can only be annulled through another registered document

Consumer protection: Hotel to face action over swimming pool death

The National Commission concluded that the absence of the attendant and the failure to attempt rescue and revive Neeraj constituted a breach of duty and negligence

Consumer protection: Seller can't charge for bag carrying its name

The National Commission held that charging a customer for a bag, which prominently displayed the company's name, logo, or tagline, amounted to advertising at the customer's expense

Consumer protection: Challenges of prolonged litigation, low compensation

Since no expert evidence was provided, the National Commission held that a "manufacturing defect" had not been established, but the repeated major repairs constituted a "deficiency in service"

Consumer protection: Buyer entitled to market value if flat is resold

The National Commission condemned the builder for creating third-party rights during litigation, thereby depriving the buyer of a permanent roof over his head

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