Consumer Protection Act, 1986, Section 23 -- Insurance claim - Fire insurance - Contract of fire insurance is a contract to indemnify Insured against loss by fire - In order to determine whether in a particular case loss is caused by fire following rules generally apply : (i) There must be an actual fire, hence mere heating or fermentation will not be sufficient to render..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Fire insurance - Once it is established that loss is due to fire and there is no allegation/finding of fraud or that insured is instigator of fire, cause of fire is immaterial and it will have to be assumed and presumed that fire is accidental and falls within the ambit and scope of fire policy...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accidental fire - Actual loss has been proved by insured by producing base documents which are relevant and admissible in terms of S.34 of Evidence Act - Final Surveyor has not only misdirected itself in law but has adopted a perverse approach inasmuch as no reason has been given for discarding Cost Sheet for..........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Non-delivery of possession - Compensation - Possession of plot was to be handed over within 24 months of sanction of service plans of entire colony as per agreement - Admittedly, no offer for possession was made until the year 2018 - Respondent invoked clause 7 of Agreement and allotted an alternative plot to..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of mother and her new born child after delivery - Medical evidence on record and opinion expressed by doctors and experts who consulted medical Boards/Committees, clearly tilted the balance in favour of doctor, as none of them found any medical negligence on her part - Moreover, these medical bodies..........
Consumer Protection Act, 1986, Section 23 -- Housing scheme - Allotment of plot - Delay in delivery of possession - If there is deficiency or delay in service, consumer is entitled to be compensated for the same - Mere fact that consumer in order to secure a property in scheme took loan with interest, no liability can be saddled on authority responsible for housing scheme..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Two survey reports - Second survey report deviated from the reasons of first survey report - Second survey report failed to counter or address detailed and comprehensive observations made in the first survey report nor did it offer any explanation or new material facts that would warrant a reversal of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proceedings under Motor Vehicle Act - Proposed amendment was to incorporate a preliminary objection based upon factual assertions - Once petitioner has shown stand taken before Consumer Court, prior to filing of written statement, it cannot be said that proposed amendment is improvement in the..........
Consumer Protection Act, 2019, Section 34(1), 47(1)(a)(i), 58(a)(i) -- Pecuniary jurisdiction - Vesting jurisdiction in District, State or National Commission on the basis of value of goods or services paid as `consideration' is neither illegal nor discriminatory...........
Consumer Protection Act, 2019, Section 35 -- Consumer complaint - There is no right or a privilege of a consumer to raise an unlimited claim of compensation and thereby chose a forum of his choice for instituting a complaint...........
