Consumer Protection Act 1986

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 […]
12th Oct, 2018

A claim for negligence against a doctor can succeed when it is proved that either he does not possess requisite skill which he professed to have possessed, or, he did not exercise such skill with reasonable competence

In a complaint based on alleged negligent acts of a surgeon, the apex court held that a surgeon or a doctor cannot and does not guarantee that the result of surgery would invariably be beneficial, […]
11th Jun, 2018

Protection provided to the Consumers under the Consumer Protection Act is in addition to the remedies available under any other Statute.

Challenge: The complainant had complained that the possession of the unit booked was not delivered within a maximum period of three years from the date of agreement. The Opposite parties had taken the plea that […]
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 […]
17th Mar, 2017

Trust not entitled to invoke jurisdiction of Consumer Courts

Supreme Court in the matter of Pratibha Pratisthan Vs Manager, Canara Bank; Civil Appeal no. 3560/2008 vide judgement dated 7th March, 2017 held A reading of the definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ […]
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 […]
31st Jan, 2016

A second complaint to the District Forum is maintainable when the first complaint was dismissed for default #indianlaws

There is no provision parallel to the provision contained in Order 9 Rule 9(1) Code of Civil Procedure which contains a prohibition that if a suit is dismissed in default of the Plaintiff under Order […]
20th Jan, 2016

In a Contract of Insurance, Parties (insurer/insured) can themselves decide on benefits #indianlaws

A contract of insurance is one of the species of commercial transaction between the insurer and insured. It is for the parties (insurer/insured) to decide as to what type of insurance they intend to do […]