Page 7 - Jehangir B Gai

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.

Self-employed can also be a consumer

Interpreting the various rulings of the Apex Court, the National Commission concluded that a person engaged in commercial activities on a significant scale to make a profit would not be a consumer

No TDS on interest paid as compensation

The Commission warned the builder not the deduct tax at source on the interest as it was awarded as a form of compensation

Complaint possible for Ulip claim

The Commission observed that there was no dispute that death benefit was available under the policy.

Circular can't override contract

The Commission held that LIC can't be allowed to wake up after 11 years and then issue a circular that would violate the sanctity of the contract of insurance issued by it

Medical council report is not binding

National Commission has observed that administering injectable or oral iron should be generally avoided, according to the Indian Society of Nephrology's guidelines

Improper surgery is negligence

The order for payment of costs of Rs 10,000 was maintained.

Without test report, defect acceptable

The failure to examine the IOL and check it for opaqueness was held to be contributory negligence on part of the surgeon. So it confirmed the order holding him liable