Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - If the damage is caused by fire, then the reason by which fire took place becomes irrelevant...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - Fire took place in the factory of appellant which caused a huge loss to appellant - Loss occurred on account of transformer being set ablaze and fire could not be controlled for about 6 hours - On the intervening night some miscreants entered the factory and committed burglary..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Principle of utmost good faith imposes positive obligations of disclosure - In its practical application the principle permits either party to avoid contract altogether if it is established against other party either that: (1) there has been a failure by other party to disclose a material fact; or..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Onus of proving that insured has failed to perform duty of disclosure or has broken a condition relating to disclosure lies on insurer...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - When an insurer accepts the risk, it can repudiate the claim on limited grounds such as : (a) by pleading and proving that there was a failure on part of insured in making disclosure of a material fact which renders the contract voidable at the instance of insurer and; (b) by demonstrating that..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Explosion/blast in boiler - Boiler in question was registered under Boilers Act and its usage was permitted for crushing season 2004-05 during which accident occurred - Once a certificate of registration for use of such boiler is issued, during currency of that certificate, boiler concerned would..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(m) -- Consumer - Definition of person in S.2(1)(m) of the Act is inclusive and not exhaustive - Therefore, even an incorporated company can be a consumer within the meaning of S.2(1)(d) r/w S.2(1)(m) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Complainant had been an established company doing business which bought the product license to automate its processes - In such circumstances, object of purchase was not to generate self-employment but to organize its operations with a view to maximise profits - Case of..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Transaction of purchase of goods/services had a nexus with generation of profits - Therefore, qua that transaction appellant cannot be considered a consumer as defined in S.2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Identity of person making purchase, or value of transaction is not conclusive to determine whether transaction or activity is for a commercial purpose - What is to be seen is dominant intention or dominant purpose for transaction i.e. whether it is to facilitate some kind..........
