Category: Consumer

Deficiency in service – way the issue was addressed by the Max Life Insurance Corporation following the information conveyed does fail, in our opinion, the test of Reasonable Conduct. HELD acts of Max Life Insurance Corporation amount to a clear case of deficiency of service and a non-bonafide conduct by the Max Life Insurance Corporation

SUPREME COURT OF INDIA DIVISION BENCH GOKAL CHAND (D) THR. LRS. — Appellant Vs. AXIS BANK LTD. AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ.…

Consumer – Illegal sold of hypothecated vehicle – Compensation – Hypothecated vehicle was detained/seized and thereafter, sold which was found to be illegal, the complainant shall be entitled to the compensation/loss suffered because of not plying of the vehicle seized and sold illegally

SUPREME COURT OF INDIA DIVISION BENCH MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED — Appellant Vs. NIZAMUDDIN — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…

Standard Fire & Special Perils policy – Once it is proved that there is a deficiency in service and that insurance company knowingly entered into a contract, notwithstanding the exclusion clause, the consequence would flow out of it HELD per the common law principle of acquiescence and estoppel, insurance cannot be allowed to take advantage of its own wrong, if any. It is a conscious waiver of the exclusion clause by insurance company.

SUPREME COURT OF INDIA DIVISION BENCH M/S TEXCO MARKETING PVT. LTD. — Appellant Vs. TATA AIG GENERAL INSURANCE COMPANY LTD. AND OTHERS — Respondent ( Before : Surya Kant and…

Consumer – Illegal sold of hypothecated vehicle – Compensation – Hypothecated vehicle was detained/seized and thereafter, sold which was found to be illegal, the complainant shall be entitled to the compensation/loss suffered because of not plying of the vehicle seized and sold illegally

SUPREME COURT OF INDIA DIVISION BENCH MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED — Appellant Vs. NIZAMUDDIN — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…

Repudiation of insurance claim – Consumer – HELD National Commission ought not to have gone beyond the grounds of repudiation and into the nature of coverage, also when the only ground on which repudiation of the claim was made was lack of financial coverage. Matter remanded to State Commission

SUPREME COURT OF INDIA DIVISION BENCH JSK INDUSTRIES PVT. LTD. — Appellant Vs. ORIENTAL INSURANCE COMPANY LIMITED — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Civil…

HELD we do not find that there was any fault, shortcoming or inadequacy in the quality, nature and manner of the performance on the terms and conditions on which allotment of the said apartment was offered to the appellants. Therefore, the appellants were not entitled to claim the refund of the consideration paid

SUPREME COURT OF INDIA DIVISON BENCH SUDHA AND OTHERS — Appellant Vs. JAIPRAKASH ASSOCIATES LIMITED — Respondent ( Before : Surya Kant and Abhay S. Oka, JJ. ) Civil Appeal…

Medical negligence – Reduction of compensation – Wrong diagnosis and wrong treatment, which led to rashes on the body of the complainant-girl – so as to do the substantial justice to the complainant – If the amount of compensation is enhanced to a total sum of Rs. 4 lakhs (instead of Rs. 1 lakh awarded by the District Forum), the same shall meet the ends of justice.

SUPREME COURT OF INDIA DIVISON BENCH CHANDIGARH NURSING HOME AND ANOTHER — Appellant Vs. SUKHDEEP KAUR — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal…