Consumer Law

Supreme Court Upholds Insurance Claim: Karnavati Veneers vs. New India Assurance (2023)

/ Ajay Rastogi, Breach of Policy Condition, C.T. Ravikumar, Consumer Law, Insurance Claims, Insurance Law, Insurance Law with Clause 6(b), Judges, Standard Fire & Special Perils Policy

Supreme Court Upholds Insurance Claim: Karnavati Veneers vs. New India Assurance (2023) LEGAL ISSUE: Whether an insurance company can repudiate a claim based on non-submission of documents when a surveyor has already assessed the loss. CASE TYPE: Consumer Law/Insurance Law Case Name: Karnavati Veneers Pvt. Ltd. vs. New India Assurance Company Limited and Others [Judgment […]

Supreme Court Upholds Insurance Claim: Karnavati Veneers vs. New India Assurance (2023) Read Post »

Supreme Court holds Insurance Company liable despite Postponement Letter: Gokal Chand vs. Axis Bank (2022)

/ Breach of contract, Consumer Law, Contract Law, Deficiency in Service, Hrishikesh Roy, Judges, K.M. Joseph

Supreme Court Holds Insurance Company Liable Despite Postponement Letter: Gokal Chand vs. Axis Bank (2022) LEGAL ISSUE: Whether an insurance company can deny a claim by issuing a backdated letter postponing the insurance policy after the insured’s death, despite having received the premium and conducted a medical test with normal results. CASE TYPE: Consumer Case

Supreme Court holds Insurance Company liable despite Postponement Letter: Gokal Chand vs. Axis Bank (2022) Read Post »

Supreme Court rules on enforceability of exclusion clauses in insurance contracts: Texco Marketing Pvt. Ltd. vs. TATA AIG General Insurance Company Ltd. (09 November 2022)

/ Consumer Law, Consumer Protection, Consumer Protection Act, 1986, Consumer Protection Act, 2019, Contract Act, 1872, Contract Act, 1872 with Section 10, Contract Act, 1872 with Section 17, Contract Act, 1872 with Section 19, Judges, M.M. Sundresh, Surya Kant

Supreme Court on Exclusion Clauses in Insurance Contracts: Texco Marketing vs. TATA AIG LEGAL ISSUE: Whether an insurance company can rely on an exclusion clause to deny a claim when it was aware of the circumstances that triggered the exclusion at the time of contract formation. CASE TYPE: Consumer Law Case Name: M/s Texco Marketing

Supreme Court rules on enforceability of exclusion clauses in insurance contracts: Texco Marketing Pvt. Ltd. vs. TATA AIG General Insurance Company Ltd. (09 November 2022) Read Post »

Supreme Court Modifies Compensation for Illegal Vehicle Seizure in Consumer Case (4 November 2022)

/ Compensation, Consumer Disputes, Consumer Law, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 2, Consumer Protection Act, 2019 with Section 49, Judges, M.M. Sundresh, M.R. Shah, Vehicle Seizure

Supreme Court Modifies Compensation for Illegal Vehicle Seizure in Consumer Case LEGAL ISSUE: What is the appropriate method for calculating compensation for loss suffered due to the illegal seizure and sale of a hypothecated vehicle? CASE TYPE: Consumer Law Case Name: Mahindra and Mahindra Financial Services Ltd. vs. Nizamuddin Judgment Date: 4 November 2022 Introduction

Supreme Court Modifies Compensation for Illegal Vehicle Seizure in Consumer Case (4 November 2022) Read Post »

Supreme Court Clarifies Insurance Liability for Excavator Accidents: Sharda Associates vs. United India Insurance Co. Ltd. (25 July 2022)

/ A.S. Bopanna, Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Insurance Law, Judges, National Consumer Disputes Redressal Commission

Supreme Court Clarifies Insurance Liability for Excavator Accidents: Sharda Associates vs. United India Insurance Co. Ltd. (2022) LEGAL ISSUE: Interpretation of insurance policy terms regarding the use of an excavator as a tool of trade and liability for accidents. CASE TYPE: Consumer Law. Case Name: Sharda Associates vs. United India Insurance Company Ltd. Judgment Date:

Supreme Court Clarifies Insurance Liability for Excavator Accidents: Sharda Associates vs. United India Insurance Co. Ltd. (25 July 2022) Read Post »

Supreme Court overturns NCDRC order in Marine Insurance Claim: New India Assurance Co. Ltd. vs. Shashikala J. Ayachi (2022)

/ Consumer Disputes, Consumer Law, Consumer Law with Regulation 9, Deficiency in Service, Hemant Gupta, Insurance Claims, Insurance Law, Insurance Law with Regulation 9, Judges, Marine Insurance, V. Ramasubramanian

Supreme Court overturns NCDRC order in Marine Insurance Claim: New India Assurance Co. Ltd. vs. Shashikala J. Ayachi (2022) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) was correct in allowing a claim for a sunken vessel based on the evidence provided. CASE TYPE: Consumer Law, Marine Insurance Case Name: M/s The New

Supreme Court overturns NCDRC order in Marine Insurance Claim: New India Assurance Co. Ltd. vs. Shashikala J. Ayachi (2022) Read Post »

Supreme Court clarifies maintenance charges and delay compensation in real estate: Utpal Trehan vs DLF Home Developers Ltd. (11 July 2022)

/ Aniruddha Bose, Apartment Buyers’ Agreement, Breach of contract, Consumer Law, Consumer Law with Delhi State Consumer Disputes Redressal Commission, Consumer Law with National Consumer Disputes Redressal Commission, Consumer Protection Act, Contract Law, Contract Law with Clause 19, Delay Compensation, Dinesh Maheshwari, Judges, Maintenance Charges, Real Estate Law, Real Estate Regulation

Supreme Court on Maintenance Charges and Delay Compensation in Real Estate: Utpal Trehan vs DLF Home Developers Ltd. (2022) LEGAL ISSUE: Whether a builder can collect maintenance charges from a flat buyer before handing over possession and the extent of delay compensation. CASE TYPE: Consumer Law/Real Estate. Case Name: Utpal Trehan vs DLF Home Developers

Supreme Court clarifies maintenance charges and delay compensation in real estate: Utpal Trehan vs DLF Home Developers Ltd. (11 July 2022) Read Post »

Supreme Court Interprets “Terrorism” in Insurance Policy: Narsingh Ispat Ltd. vs. Oriental Insurance Company Ltd. (2022)

/ Abhay S. Oka, Ajay Rastogi, Consumer Law, Criminal Law (Amendment) Act, 1908, Criminal Law (Amendment) Act, 1908 with Section 17, Exclusion Clause, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Insurance Claims, Judges, Offences Against Public Tranquillity, Unlawful Association

Supreme Court Interprets “Terrorism” in Insurance Policy: Narsingh Ispat Ltd. vs. Oriental Insurance Company Ltd. (2022) LEGAL ISSUE: Interpretation of “act of terrorism” in an insurance policy exclusion clause. CASE TYPE: Consumer Law Case Name: Narsingh Ispat Ltd. vs. Oriental Insurance Company Ltd. & Anr. Judgment Date: May 02, 2022 Date of the Judgment: May

Supreme Court Interprets “Terrorism” in Insurance Policy: Narsingh Ispat Ltd. vs. Oriental Insurance Company Ltd. (2022) Read Post »

Supreme Court Upholds Consumer Rights in Property Dispute: Bharati Bhattacharjee vs. Quazi Md. Maksuduzzaman (2022)

/ Aniruddha Bose, Consumer Law, Consumer Law with Section 2(e), Consumer Law with Section 24A, Consumer Protection Act, 1986, Dinesh Maheshwari, Judges, Property Law, Property Law with Section 54, Transfer of Property Act, 1882

Supreme Court Upholds Consumer Rights in Property Dispute: Bharati Bhattacharjee vs. Quazi Md. Maksuduzzaman (2022) LEGAL ISSUE: Whether a consumer complaint for non-execution of a sale deed is barred by limitation under Section 24A of the Consumer Protection Act, 1986, and whether the existence of two sale agreements for the same property can be valid.

Supreme Court Upholds Consumer Rights in Property Dispute: Bharati Bhattacharjee vs. Quazi Md. Maksuduzzaman (2022) Read Post »

Supreme Court Upholds Insurance Claim: Non-Communication of Policy Terms Leads to Victory for Cardholder’s Family

/ Cardsure Package Policy, Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Insurance Law, Judges, Non-ATM transaction, Surya Kant

Supreme Court Upholds Insurance Claim: Non-Communication of Policy Terms Leads to Victory for Cardholder’s Family LEGAL ISSUE: Whether an insurance company can deny a claim based on a condition not explicitly communicated to the policyholder. CASE TYPE: Consumer Case Name: Anju Kalsi vs. HDFC Ergo General Insurance Company Limited and Another Judgment Date: 21 February

Supreme Court Upholds Insurance Claim: Non-Communication of Policy Terms Leads to Victory for Cardholder’s Family Read Post »

Supreme Court clarifies insurance claim rules for vehicle theft: Delay in intimation not always fatal: Jaina Construction Company vs. Oriental Insurance Company (2022)

/ Bela M. Trivedi, Consumer Law, Consumer Rights, Gurshinder Singh vs. Shriram General Insurance Company Ltd., Insurance Claims, Insurance Law, Insurance Law with Condition No. 1 of the Insurance Policy, Judges, Sanjiv Khanna

Supreme Court on Delay in Insurance Claim for Vehicle Theft: Jaina Construction Company vs. Oriental Insurance Company (2022) LEGAL ISSUE: Whether an insurance company can reject a claim for vehicle theft solely due to a delay in informing the company, despite a timely police report. CASE TYPE: Consumer Law Case Name: Jaina Construction Company vs.

Supreme Court clarifies insurance claim rules for vehicle theft: Delay in intimation not always fatal: Jaina Construction Company vs. Oriental Insurance Company (2022) Read Post »

Supreme Court Partially Allows Appeal on Deficiency of Service: IndusInd Bank vs. Simarjit Singh (2022)

/ Civil Law, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 2019, D.Y. Chandrachud, Damages, Deficiency of Service, Deficiency of Service, Consumer Protection Act, 1986, Judges, Sanjiv Khanna

Supreme Court Partially Allows Appeal on Deficiency of Service: IndusInd Bank vs. Simarjit Singh (2022) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) was correct in upholding the State Consumer Disputes Redressal Commission’s (SCDRC) order regarding the valuation of timber in a deficiency of service case. CASE TYPE: Consumer Case Name: IndusInd Bank

Supreme Court Partially Allows Appeal on Deficiency of Service: IndusInd Bank vs. Simarjit Singh (2022) Read Post »

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