Page 8 - Jehangir B Gai

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

Claim can't be denied for an old machine

During the tenure of the policy, an abnormal noise suddenly started emanating from the spindle in the tool box

Consumer forum isn't for debt recovery cases

The National Commission held that a consumer forum is not the right authority for Debt Recovery Tribunal cases, and dismissed the petition

Forcible repossession of vehicle is illegal

A financier cannot take forcible action to repossess a vehicle. It has to adopt a juridical remedy and cannot take the law in its hands

Name change can't lead to claim rejection

The consumer forum recently said a company can file for a claim under its new name even though the policy stood in its former name

Railways liable for theft in train

The National Commission castigated the Railways in delaying the payment needlessly

Contract prevails over circular

An insurer cannot change the contract by issuing circular and depriving the customer of stated benefits

Airlines should put stringent conditions on confirmed tickets' cancellation

The complainants were offered 300 Euros equivalent to Rs 53,600 beside free accommodation with meals, two telephone vouchers, and nine phone cards

Consumer Protection Act: Land owner, builder relation is complex

A landower entrusting his land to a builder is availing a service which is amenable under the Consumer Protection Act

Changes to flight schedule & the elderly: Airlines must provide wheelchair

An airline is responsible if passengers face inconvenience due to last-minute changes to flight schedule

Bank liable for online frauds

Banks are duty bound to take steps to assess risk, provide robust mechanism to prevent, detect fraud

Society liable for failing to carry out repairs

Here is the case of an 88-year-old senior citizen who fought for his rights and succeeded

Jehangir B Gai: Officebearers liable for frauds

The president of the society transferred money to his personal account and ran away from the country