National Consumer Disputes Redressal Commission

10th Jan, 2019

In case of builders, failure to obtain necessary sanctions and approval from concerned authorities does not fall under force majeure

In a recent judgment, the National Consumer Disputes Redressal Forum held that the builder’s inability to obtain requisite permission for construction of flats is not a valid reason and does not justify delay in possession […]
3rd Dec, 2018

Despite showing sufficient cause, party is not entitled to condonation of delay as a matter of right

In a recent judgment, the National Consumer Disputes Redressal Commission, while reiterating the decision of the Apex court in Ram Lal & Ors. V. Rewa Coalfields Ltd., AIR 1962 SC 361, held that in case […]
22nd Oct, 2018

Non- disclosure of common lifestyle diseases is not a ground to deny insurance claim

The National Consumer Disputes Redressal Commission observed that mere non-disclosure of lifestyle diseases does not become a ground for denial of insurance claim to the insured. However, such non-disclosure may result in reduced claims. The […]
28th May, 2018

Purchaser of property for the purpose of expansion of an existing business, does not fall in the ambit of “Consumer” within the meaning of the Consumer Protection Act

In a recent pronouncement of the National Consumer Disputes Redressal Commission, New Delhi (referred to as “NCDRC” hereinafter) held that a purchaser of a commercial unit would be a consumer within the meaning of Section […]
20th Mar, 2017

Non- communication of terms and conditions of insurance policy amounts to deficiency in service

The NCDRC agreed with the conclusions of both the District forum and the State Commission that the terms and conditions, based upon which, the insurance claim had been repudiated, were never brought to the knowledge […]
2nd Mar, 2017

Deficiency in service on part of the Bank when title deeds under their custody are lost #legalupdates

In a case, before the National Commission, Bank took a stand that document had been ‘misplaced’, there shall still be a possibility that, document could be recovered at a later stage and returned to complainant. […]
11th Feb, 2017

Remedies under Consumer Protection Act are in addition of other provisions for addressing grievances

NCDRC in the matter titled as Western Railway Vs Vinod Sharma First appeal no. 451/2015 decided on 18th January, 2017 has held notwithstanding provisions of Railways Act, 1989 and availability of Railways Claims Tribunal Act […]
11th Feb, 2017

Insurance Company not liable if the keys of vehicle are left inside the Vehicle

NCDRC (National Commission) in the matter of Mahavir Prasad Gupta Vs Oriental Insurance Co Ltd First Appeal no. 1060/2016 decided on 19th January, 2017 has held that Insurance company would not be liable to pay […]
31st Jan, 2017

Consumer courts are not meant for enriching the consumers

The Delhi State Commission on the question of amount of compensation in consumer oriented cases opined that “consumer courts are not meant for enriching of customers and the compensation claimed by the consumer in the […]
10th Jan, 2017

To absolve its liability, an insurance company must not merely establish the defence that the policy has been breached, but must also show that the breach of the policy is so fundamental in nature that it brings the contract to an end

The supreme court was entertaining an appeal against the order of the National Commission, whereby the revision of the State Commission’s order absolving the liability of the insurance company was upheld in the matter titled […]
22nd Feb, 2015

Who would be a consumer for the Real Estate Transactions?

Mere submission of an application for allotment of a house, which does not result either in allotment or registration and consequent inclusion in the awaiting list for such an allotment, does not confer upon him […]
13th May, 2013

Do not fall prey to one-sided Builder Agreements #indianlaws

Small Consumers not to fall prey to one-sided Builder Agreements containing Arbitration Clause