Insurance claim -- Interest rate - Interest @ 18% p.a. is to be paid by the Insurance Company when it is found that the deficiency is on behalf of the Insurance Company...........
Specific Relief Act, 1963, Section 34, 39 -- Bank loan - Suit for declaration that plaintiff is liable to pay simple interest @ 10.5% on loan amount and for mandatory injunction directing the defendants to re-cast the loan account after charging interest @ 10.5% p.m. and return the excess amount charged, if any - Contention that in fact suit for recovery of amount should..........
Civil Procedure Code, 1908, Section 34 -- Interest - Bank loan - Loan of ARDC scheme with refinancing of loan by ARDC to the Bank - Agreement of financing providing rate of interest to be charged annually - Bank is not entitled to charge interest at half yearly rests on the amount refinanced by ARDC - Bank directed to recompute the entire amount and refund the amount if..........
Housing -- Plot allotment - No lay out plan of the residential colony approved by the development authority - Execution of sale deed of the plot in favour of the respondent by the appellant OP without getting the colony approved held to be deficiency in service - Direction issued to refund the amount along with interest @18% if the sanction of lay out plan is not obtained..........
Housing -- Deficiency in service - Compensation - Booking of flat in 1996 and possession was agreed to be given by December,1997 - Complainant deposited an amount of Rs. 8,61,872 by December, 1996 - Possession not given till 1999 as the structure left semi finished - Direction to refund the amount with 12% interest holding deficiency in service - In the alternative..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit in the first instance filed in individual capacity - Subsequently suit sought to be treated as a suit in the representative capacity - Where there is no commonality of interest between applicant and others for whom applicant seeks to represent, suit cannot be treated as representative one...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - Suit by tenant against Municipal Corporation challenging notice for removal of unauthorised extension of shop premises - Impleadment of landlord as party - Landlord has a direct and substantial interest in demised premises and would be able to place all facts before trial Court for adjudicating upon..........
Insurance claim -- L.P. Gas Trader's Combined Policy - In burglary in complainant's godown premises 364 Cylinders stolen - Insurance Company paid Rs.1,22,186/- after applying the average clause as against claim of Rs. 1,22,186/- - Insurance company held liable to pay the entire amount which the complainant suffered as loss - Complainant also entitled to claim of interest..........
Insurance claim -- Repudiation - Suppression of material facts - Plea that about three years before the proposal of the above policy the deceased was suffering from tuberculosis - Death due to pneumonia three days prior to death - The insurance company failed to prove that the deceased suffered from tuberculosis on the date on which the proposal form was filled up by him -..........
Complicated questions of facts -- Point is as to whether the appellant had insurable interest in the vehicle in question on the date of theft - There are two different versions involving disputed questions of fact which cannot be satisfactorily gone into in the present proceedings which are summary in nature - District Forum rightly held that complex and complicated..........
