Page 6 - Jehangir B Gai

Buyer entitled to refund in case of delay

The National Commission concluded force majeure or delay due to reasons beyond the control of the builder would not apply to dereliction of duty

Claim can't be denied on frivolous grounds

As for the purchase of raw materials from its sister concern, the National Commission observed this was properly recorded and there were corresponding sales and exports

Promise to purchase produce from farmers must be kept

JCI alleged that the complaint had been filed merely to avoid repayment of the loan taken against the value of the jute.

Burden of proof lies with manufacturer

A car was taken to the workshop several times, yet its problems persisted. So, Maruti needed to establish why the problems couldn't be rectified

Buyer entitled to a refund upon delay

The purchaser can't be made to wait endlessly just because the builder fails to fulfil his contractual obligation to obtain the Occupancy Certificate on time

Store charging for carry bag is unfair

Shops can't forbid customers to bring in their own bags and then charge them for carry bags

Insured's dilemma: Should you flout safety norms to get the claim?

A false declaration by the insured could compromise the safety of the buyers to whom the vehicles are sold

Dealer can't hand over vehicle without its documents

The National Commission observed that possession of a vehicle cannot be given legally without also handing over the registration and insurance documents

Pay for loss incurred to minimise damage

The National Commission rejected New India's plea, saying the consent had become invalid as the insurer itself had not abided by the claim amount recommended by the surveyor

If declaration is late, claim can be rejected

The insurer pointed out that the policy conditions in respect of timely declaration of shipments had been violated, and rejected all the claims

Builder can't sell flat until case is resolved

A builder in Punjab delayed issuing the allotment letter but was quick to cancel the booking after issuing the demand letter

Claim payable if bariatric surgery is medical necessity

In cases where the bariatric surgery is performed for cosmetic purposes, the insurer is not liable to pay

Insurer is liable to pay for loss due to defective packaging

The Commission observed that the policy excluded defects in packaging from inception. But the package had been checked by the insurer's representatives and found to be in order

District Forums can't handle bigger caseload

Earlier it took 4-10 years. But with a five-fold increase in pecuniary jurisdiction, it could now take 15-25 years for a case to be decided

Where does magazine jurisdiction lie?

Both the District Forum and State Commission dismissed the case claiming they did not have territorial jurisdiction. The National Commission set aside their orders

Compensation for giving wrong year of manufacture

The company argued that since Forstees was selling pre-owned cars, it was not covered by the Consumer Act

Compensate for loss of life on duty

A Home Guard would be considered on duty from the time he set out from his home and until he returned

Policy change doesn't impact continuity

The apex court noted that there was continuous insurance coverage since 2007 and there was no evidence to show that the ailment was pre-existing

Compensate student for fraud

UGC's website revealed that certain universities run centres on franchise basis, which is not permissible. Private universities are not entitled to grant affiliation to colleges

More evidence can be allowed in appeal

Still, in exceptional circumstances, it would be permissible to make a departure from the general rule and allow additional evidence in appeal.