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...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Claimants were employees of ONGC - Case of claimants that due to delay in sending their claims to LIC pursuant to scheme managed by Trust, they suffered a loss - Scheme is managed and run by a Trust and not by ONGC - There is virtually no privity of contract for providing service between ONGC and claimants - No..........
Consumer Protection Act, 1986, Section 21(a)(ii), 19 -- A party proceeded ex parte by State Commission - An appeal thereagainst lies to National Commission...........
Consumer Protection Act, 1986, Section 21(a)(ii), 19, Constitution of India, 1950, Article 226 -- Writ jurisdiction - A party proceeded ex parte by State Commission - An appeal thereagainst lies to National Commission - High Court should avoid to entertain a writ petition against the order of State Commission, in view of availability of an alternative and efficacious..........
Consumer Protection Act, 1986, Section 24A -- Appeal - National Commission found appeal barred by time - Appeal cannot be considered on merits...........
Consumer Protection Act, 1986, Section 24A -- Condonation of delay - Delay of 150 days in filing first appeal - Delay of 150 days not so alarming so as to reject appeal on ground of delay - Delay condoned subject to payment of costs of Rs.25,000/-...........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental loss - Damage of truck in fire in the night of 01/02.06.2009 and intimation was given to Insurance Company on 03.06.2009 - If no immediate notice was given to police there was no infraction on part of insured - There was thus, no justification for National Commission to reduce claim to extent of 60%..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Expln. - Consumer - Commercial purpose - There can be no straight jacket formula to summarize commercial purpose - However, broad principles culled out to determine `commercial purpose' - (i) The question of whether a transaction is for a commercial purpose would depend upon the facts and circumstances of each case -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Purchase of flats by appellant for purpose of providing hostel facilities to hospital nurses does not qualify as meant for a `commercial purpose', as such a duty exists irrespective of surplus or turnover generated by hospital and hence, is not even remotely related object of earning profits - Appellant trust is..........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking - Complaint filed by Insurer as subrogee - Locus standi - Actual consumer/assured executed a Power of Attorney and a letter of subrogation in favour of car insurer - Consequently, complaint before State Commission filed by both assured and insurer as co-complainants held,..........
