Page 7 - Jehangir B Gai

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

Joyride is not a risky activity

The forum observed that a joyride under a trained pilot is neither banned nor illegal. It said the exclusion clause had been wrongly invoked

Borrower-service provider dispute: No liability on financier

The consideration payable for the flat is a matter between the builder and the buyer, and the financier is not concerned with a dispute between the buyer and the seller

Illegal alterations don't justify absence of occupancy certificate

A builder cannot escape his liability to obtain the OC by blaming the buyer for illegal changes

Hospital indicted for levying surcharge

The hospital contested the case contending that there was no deficiency in service

Compensation for unfair rejection

The insurer claimed that Jawadkar's wife had committed suicide. However, it could not produce any proof of the same

Can't reject claims based on new issues

An insured who is aggrieved by the repudiation of this claim can challenge the repudiation by filing a consumer complaint

Claim can't be rejected on mere suspicion

The insurer should have checked where the machines were being located while enhancing cover, not after lodging of claim

Telecom companies can't force e-billing

Menon sought compensation for loss in practice. However, in the absence of any evidence, she was granted Rs 25,000