Page 4 - Jehangir B Gai

Stalled project: Buyer can pause payments

The National Commission said instalments are linked to the progress of construction. The question of raising any demand didn't arise when there was no progress in construction

Early bond recall: Notify each holder

The National Commission ruled that public notices weren't sufficient. To avoid liability, the bank must send individual notifications and produce proof of having served them

Definition of consumer includes beneficiary

The National Commission observed that the nominee is the rightful claimant under a policy, hence there was no merit in the objection that she couldn't file a complaint

Exclusion clauses must be communicated

The National Commission held there was no evidence to show that Veena had been served the terms and conditions governing the policy

Fake licence: Renewal won't make it valid

The National Commission further concluded that even a genuine and valid renewal cannot legitimise an originally counterfeit driving licence

Non-disclosure doesn't apply to known facts

The National Commission considered that the law provided that jurisdiction could be based on the complainant's place of residence.

Bank held liable for fraud by its manager

The National Commission noted that other bank officials had blamed its own manager for embezzlement, so for the bank to accuse PHFI's employees was an afterthought

Class action: Sameness of interest is a given

The builder contended there was no sameness of interest: some buyers had accepted compensation, others had protested and accepted, and yet others had refused it outright

Insurer can't transfer liability to another party

The National Commission said even if the landlord is the tortfeasor, the insurer should settle the claim and then take legal action to recover the amount from the latter

Suppression of key facts can lead to claim rejection

The National Commission concluded the claim had been rightly rejected on grounds of misrepresentation in the proposal form and breach of duty to maintain good faith

Businesses can claim cover under consumer rules

The National Commission overruled the maintainability objection on the interpretation of the law laid down by the Supreme Court that insurance is for indemnification, not for commercial purpose

Uncontested facts can't be disputed in appeal

The State Commission noted that the supporting documents had not been disputed as being false, and so the surveyor had erred in questioning the theft

Banks can't withhold loan on flimsy ground

The District Commission concluded that raising a doubt about the validity of the NOC at such a belated stage could not be permitted

Consent must for fixed to floating loan shift

When the loan agreement was submitted in the revision proceedings, it revealed the interest rate column, which should have mentioned fixed or floating, had been left blank

Hospital held liable for acting without consent

Dilip filed a complaint before the Delhi State Commission, alleging that the RFA procedure was carried out without his knowledge or consent, and also without considering the findings of the EPS

Builder paid for breach of contract by buyer

The National Commission noted that the agreement provided for a refund of money, along with interest, but the purchasers had never sought refund

No sub-limits in policy? Avg clause can't apply

According to the National Commission, the average clause couldn't apply since the policy didn't have individual coverage limits for building, stock, and packaging material

Buyer is liable if builder fails to pay his EMI

The National Commission observed that the loan agreement entitled the bank to recover the EMI from the purchaser if the builder failed to pay on his behalf

Insurer liable to reimburse genuine cash payments

All payments were supported by TDS and GST. Hence, the National Commission concluded that the insurer would have to reimburse these legitimate cash expenses

Delay in permissions can't be termed force majeure

The National Commission found that delay was caused due to submission of plans which were not in consonance with the statutory rules and regulations