Jehangir B Gai
 "Jehangir B Gai")
Jehangir B Gai
Jehangir B Gai is a consumer activist. He has been actively associated with various consumer organisations since 1984-85. He has been fighting for consumer causes even before the Consumer Protection Act was passed. He has been awarded the Government of India's National Youth Award for Consumer Protection. He has written columns on consumer issues for various newspapers and magazines.
Jehangir B Gai is a consumer activist. He has been actively associated with various consumer organisations since 1984-85. He has been fighting for consumer causes even before the Consumer Protection Act was passed. He has been awarded the Government of India's National Youth Award for Consumer Protection. He has written columns on consumer issues for various newspapers and magazines.
Page 5 - Jehangir B Gai
Mere alcohol presence isn't intoxication
The National Commission decided a person can be said to be intoxicated only when blood alcohol level is 100 mg per 100 ml or more
Fake invoices can lead to insurance claim repudiation, shows a recent order
Aristo Texcon, a private limited company, had its factory in Kolkata's Tangra Industrial Estate. A massive fire occurred on February 19, 2012. Here's what happened when they approached their insurer.
 "Fake invoices can lead to insurance claim repudiation, shows a recent order")
Hotel liable to pay for death caused by fire
A fire broke out on the night between August 3 and 4, 2012, at Hotel Lucky India
Surveyor cannot apply deductions arbitrarily
The National Commission held the insurer liable to settle the claim in accordance with the original computation of loss jointly signed by the surveyor and insured
Insurer to pay for closure to avert risk from rioting
In July 2008, there was a huge agitation against the government's move to acquire land belonging to the Amarnath Shrine Board
Institute held liable for lack of safety measures
The National Commission observed the layout plan didn't show a terrace on the second floor, and the institute's contention the step wasn't broken was falsified by photographs
 "Institute held liable for lack of safety measures")
Claim can't be avoided by suppressing vital report
The National Commission castigated the insurer for suppressing the second report, which favoured the insured. It concluded this report made it evident the claim was genuine
Claim can be denied if key information is suppressed
The District Commission ordered LIC to pay and settle the claim under all the 13 policies
Not buying add-on cover can prove costly sometimes
The National Commission observed that liability under the policy could neither be extended nor curtailed, but would be determined according to the terms of the contract
Bank liable for break-in and theft from locker
The National Commission observed that when a locker is broken into, it constitutes a breach of the promised assurance of safety, and is hence, a deficiency in service
 "Bank liable for break-in and theft from locker")
Claim not payable if policy conditions are flouted
The National Commission observed that the requirement of first-class construction was mentioned in the cover note and the policy, so stock kept elsewhere wouldn't be covered
Post office held liable for fraud by its official
The Supreme Court noted that KVP Rules, 1988, and the Post Office Savings Bank Manual mandate payments exceeding Rs 20,000 be made via cheque in holder's favour
Builder is liable for carpet area shortfall
The builder had also benefited from the FSI that had become available. The National Commission concluded it would be unfair to burden the Kales with extra premium
Scrutinise agreement before signing it
The National Commission indicted the bank for having obtained signatures on the loan agreement in which critical spaces had been left blank
Insurer must pay claim in auto-cover period
Since the insured had died on January 12, 2015, well within the auto-cover period, the National Commission held the claim to be payable
Bank's vengeful conduct can invite punishment
The award of compensation is governed by Sec 73 of the Indian Contract Act, which says a party who suffers due to breach of contract is entitled to compensation for the natural loss
 "Bank's vengeful conduct can invite punishment")
Compensate for damage due to natural calamity
The National Commission observed that the melting of snow caused discharge of water in the river, causing the tank's collapse. This was a peril under the policy
Insurers must reimburse Customs under marine policy
The National Commission ordered the insurer to pay the Rs 16.65 cr together with interest at 9% per annum from January 1
 "Insurers must reimburse Customs under marine policy")
Repair, not replace, vehicle under warranty
The National Commission observed there was no evidence to establish an inherent manufacturing defect, so the State Commission was justified in not ordering a refund
 "Repair, not replace, vehicle under warranty")
Compensation payable for not complying with court order
The National Commission held that flouting of the High Court's directions constituted a deficiency in service for which Bhupati could seek remedy under the Consumer Protection Act
