Showing : 1-10 of 121 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Insurance claim - Delay in intimation and lodging of claim - Appointment of surveyor by Insurer - Insurer by appointing a surveyor not estopped from raising plea of violation of condition prescribing a time limit for intimation/lodging of claim...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Insurance claim - Delay in intimation and lodging of claim - If insurer has not taken delay in intimation as a specific ground in letter of repudiation, said ground cannot be taken as defence at the stage of hearing of consumer complaint before NCRDC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Statutory fees, levied in lieu of service provided, may in the usual course be subject matter of Consumer Forum's jurisdiction provided that there is a `deficiency in service' etc. - Law laid down in case HUDA Vs Sunita, overruled...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Insurance claim - Family Mediclaim Policy - Plea of pre-existing disease of son of appellant taken by insurance company - There was no pre-existing disease when initial individual Mediclaim Policy of son of appellant was taken in the year 2007-2008 - Even otherwise, after having initially..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Contract for development of Villa - Delay of 5 years in delivery of possession of villa - Even though villa is ready for occupation now, but delay of almost 5 years is a crucial factor - Respondents justified in seeking refund of deposited amount with reasonable interest -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12, 17-- Medical negligence - Death of patient - Compensation - State Commission awarded a sum of Rs.4 lakh as compensation payable by Hospital and Rs.2 lakh by Operating surgeon - National Commission found a sum of Rs.4 lakh as just compensation and absolved Operating Surgeon from any liability - When..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Consumer complaint - Condoning marginal delays - It is harsh to penalise a bona fide litigant for marginal delays that may occur in the judicial process - Consumer fora should bear this in mind so that ends of justice are not defeated...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Consumer complaint - Dismissal of complaint on technical ground - Non filing of rejoinder and evidence despite last opportunity - Ground for rejection of complaint is technical and in disregard to the requirements of substantial justice - Order dismissing complaint is to detract from the true..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12(v)(o)-- Builder buyer agreement - Default in delivery of possession - Complaint by joint allottees/Class action - Maintainability - Appellants had a common grievance that respondent had not delivered possession of respective units booked by them - National Commission committed error by dismissing..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12, 17-- Medical negligence - Death of patient - Surgery not the only life saving option at that time - Action to operate upon patient cannot be said to be prudent decision - It is a case of unreasonable decision of the Operating Surgeon to operate and not a case of `bit negligent' so as to absolve surgeon..........

Showing : 1-10 of 121 Results