Consumer Law

Supreme Court Upholds Insurance Claim Rejection in Cold Storage Deterioration Case: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance Company (24 January 2022)

/ Consumer Disputes, Consumer Law, Deterioration of Stock Policy, Dhananjaya Y Chandrachud, Dinesh Maheshwari, Insurance Law, Insurance Law with Exception Clause, Judges, National Consumer Disputes Redressal Commission (NCDRC), Policy Exceptions

Supreme Court Upholds Insurance Claim Rejection in Cold Storage Deterioration Case Date of the Judgment: 24 January 2022 Citation: Civil Appeal No 2371 of 2019 Judges: Dr Dhananjaya Y Chandrachud, J and Dinesh Maheshwari, J. Can an insurance company reject a claim for damaged goods if the insured fails to adhere to the policy’s temperature […]

Supreme Court Upholds Insurance Claim Rejection in Cold Storage Deterioration Case: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance Company (24 January 2022) Read Post »

Supreme Court Upholds Insurance Claim Rejection for Potato Spoilage: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance (2022)

/ Consumer Law, Contract Law, Deterioration of Stock Policy, Dhananjaya Y Chandrachud, Dinesh Maheshwari, Exclusion Clauses, Insurance Claims, Insurance Law, Interpretation of Contracts, Judges, Terms of Contract

Supreme Court Upholds Insurance Claim Rejection for Potato Spoilage: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance (2022) LEGAL ISSUE: Interpretation of exception clauses in insurance policies related to temperature control in cold storage facilities. CASE TYPE: Consumer Law, Insurance Law Case Name: M/s Shivram Chandra Jagarnath Cold Storage & Anr vs. New India

Supreme Court Upholds Insurance Claim Rejection for Potato Spoilage: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance (2022) Read Post »

Supreme Court clarifies insurance liability in hospital negligence case: Sheth M L Vaduwala Eye Hospital vs. Oriental Insurance Company Limited (2021) INSC 755

/ A S Bopanna, Consumer Law, Dhananjaya Y Chandrachud, Insurance Law, Judges, Negligence, Privity of Contract, Professional Indemnity Insurance

Supreme Court Clarifies Insurance Liability in Hospital Negligence Case: Sheth M L Vaduwala Eye Hospital vs. Oriental Insurance Company Limited (2021) INSC 755 Date of the Judgment: 11 December 2021 Citation: (2021) INSC 755 Judges: Dr Dhananjaya Y Chandrachud, J and A S Bopanna, J. Can an insurance company be held liable for the negligence

Supreme Court clarifies insurance liability in hospital negligence case: Sheth M L Vaduwala Eye Hospital vs. Oriental Insurance Company Limited (2021) INSC 755 Read Post »

Supreme Court Quashes Bailable Warrants Against Director in Consumer Dispute: L&T Finance Ltd. vs. Pramod Kumar Rana (25 November 2021)

/ B.V. Nagarathna, Bailable Warrants, Code of Civil Procedure, 1908, Consumer Disputes Redressal Commission, Consumer Law, Judges, M.R. Shah, Order 16, Code of Civil Procedure, 1908

Supreme Court Quashes Bailable Warrants Against Director in Consumer Dispute: L&T Finance Ltd. vs. Pramod Kumar Rana (2021) LEGAL ISSUE: Whether a National Commission can issue bailable warrants against a director of a company when the company is already represented by counsel and authorized representatives. CASE TYPE: Consumer Dispute Case Name: L & T Finance

Supreme Court Quashes Bailable Warrants Against Director in Consumer Dispute: L&T Finance Ltd. vs. Pramod Kumar Rana (25 November 2021) Read Post »

Supreme Court Upholds Insurance Claim: No Fraud in Hydrology Data Non-Disclosure in Malana Power Company Ltd. vs. Oriental Insurance Co. Ltd. (2021) INSC 720 (15 November 2021)

/ Consumer Law, Contract Law, Hrishikesh Roy, Insurance Contract, Insurance Law, Judges, National Consumer Disputes Redressal Commission, Non-Disclosure, R. Subhash Reddy, Reinsurance, Special Contingency Policy

Supreme Court Upholds Insurance Claim: No Fraud in Hydrology Data Non-Disclosure Date of the Judgment: 15 November 2021 Citation: (2021) INSC 720 Judges: R. Subhash Reddy, J. and Hrishikesh Roy, J. Can an insurance company deny a claim by alleging fraud and non-disclosure of data when the insured party has provided all available information? The

Supreme Court Upholds Insurance Claim: No Fraud in Hydrology Data Non-Disclosure in Malana Power Company Ltd. vs. Oriental Insurance Co. Ltd. (2021) INSC 720 (15 November 2021) Read Post »

Supreme Court Dismisses Complaint Against Advocates for Deficiency in Service: Nandlal Lohariya vs. Jagdish Chand Purohit (2021)

/ Advocates, B.V. Nagarathna, Consumer Law, Consumer Protection Act, 1986, Deficiency in Service, Judges, M.R. Shah, Professional Responsibility

Supreme Court Dismisses Complaint Against Advocates for Deficiency in Service: Nandlal Lohariya vs. Jagdish Chand Purohit (2021) LEGAL ISSUE: Whether advocates can be held liable for deficiency in service if their client loses a case on merits. CASE TYPE: Consumer Law Case Name: Nandlal Lohariya vs. Jagdish Chand Purohit and others [Judgment Date]: November 8,

Supreme Court Dismisses Complaint Against Advocates for Deficiency in Service: Nandlal Lohariya vs. Jagdish Chand Purohit (2021) Read Post »

Supreme Court Denies Accident Claim Benefit Due to Policy Lapse: LIC vs. Sunita (2021)

/ Bela M. Trivedi, Consumer Law, Consumer Protection Act, 1986, Insurance Law, Judges, Policy Interpretation, Sanjiv Khanna, Uberrima Fides

Supreme Court Denies Accident Claim Benefit Due to Policy Lapse: LIC vs. Sunita (2021) LEGAL ISSUE: Whether an insurance company is liable to pay the accident benefit when the policy had lapsed due to non-payment of premium before the accident, even if the policy was revived after the accident but before the death of the

Supreme Court Denies Accident Claim Benefit Due to Policy Lapse: LIC vs. Sunita (2021) Read Post »

Supreme Court clarifies liability of inspection agencies in consumer cases: SGS India Ltd. vs. Dolphin International Ltd. (6 October 2021)

/ Burden of Proof, Consumer Law, Consumer Protection Act, 1986, Contract Law, Deficiency in Service, Disclaimer, Hemant Gupta, Judges, Liability, V. Ramasubramanian

Supreme Court clarifies liability of inspection agencies: SGS India Ltd. vs. Dolphin International Ltd. (2021) Date of the Judgment: 6 October 2021 Citation: [Not provided in the document] Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can an inspection agency be held liable for variations in product specifications after the goods have been shipped and

Supreme Court clarifies liability of inspection agencies in consumer cases: SGS India Ltd. vs. Dolphin International Ltd. (6 October 2021) Read Post »

Rights of Subsequent Purchasers: Supreme Court clarifies on interest for delayed possession in housing projects (22 July 2021)

/ Consumer Law, Consumer Law with Section 2(d), Consumer Protection Act, 1986, Hemant Gupta, Housing Projects, Judges, Real Estate Law, Real Estate Regulatory Authority Act, 2019, Rights of Subsequent Purchasers, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court on Rights of Subsequent Purchasers in Delayed Housing Projects Date of the Judgment: 22 July 2021 Citation: M/S LAUREATE BUILDWELL PVT. LTD. vs CHARANJEET SINGH, CIVIL APPEAL NO. 7042 of 2019 Judges: Uday Umesh Lalit, J., Hemant Gupta, J., S. Ravindra Bhat, J. (authored the judgment). Can a subsequent purchaser of a flat

Rights of Subsequent Purchasers: Supreme Court clarifies on interest for delayed possession in housing projects (22 July 2021) Read Post »

Supreme Court allows condonation of delay based on prospective application of law in consumer case: Dr. A. Suresh Kumar & Ors. vs. Amit Agarwal (2021) INSC 408 (08 July 2021)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 148, Condonation of Delay, Consumer Law, Dinesh Maheshwari, Judges, National Consumer Disputes Redressal Commission, Vineet Saran

Supreme Court Allows Condonation of Delay Based on Prospective Application of Law in Consumer Case Date of the Judgment: 08 July 2021 Citation: (2021) INSC 408 Judges: Hon’ble Mr. Justice Vineet Saran and Hon’ble Mr. Justice Dinesh Maheshwari. Can a delay in filing a written statement in a consumer case be condoned if the delay

Supreme Court allows condonation of delay based on prospective application of law in consumer case: Dr. A. Suresh Kumar & Ors. vs. Amit Agarwal (2021) INSC 408 (08 July 2021) Read Post »

Supreme Court Upholds Insurance Claim Repudiation for Non-Disclosure of Pre-existing Condition: Bajaj Allianz Life Insurance vs. Dalbir Kaur (2020)

/ Consumer Law, Dhananjaya Y Chandrachud, Duty of Disclosure, Indira Banerjee, Indu Malhotra, Insurance Act, 1938, Insurance Act, 1938 with Section 45, Insurance Law, Judges, Material Facts, Repudiation of Insurance Claim

Supreme Court Upholds Insurance Claim Repudiation for Non-Disclosure of Pre-existing Condition LEGAL ISSUE: Whether non-disclosure of a pre-existing medical condition by the insured justifies the repudiation of an insurance claim. CASE TYPE: Consumer Law Case Name: Branch Manager, Bajaj Allianz Life Insurance Company Ltd and Others vs. Dalbir Kaur [Judgment Date]: 9 October 2020 Introduction

Supreme Court Upholds Insurance Claim Repudiation for Non-Disclosure of Pre-existing Condition: Bajaj Allianz Life Insurance vs. Dalbir Kaur (2020) Read Post »

Supreme Court settles dispute on electricity disconnection and minimum guarantee charges: Bihar State Electricity Board vs. M/S Iceberg Industries Ltd. (27 April 2020)

/ Aniruddha Bose, Consumer Grievance Redressal, Consumer Grievance Redressal Forum, Consumer Law, Consumer Rights, Deepak Gupta, Electricity Act, 2003, Electricity Act, 2003 with Section 2(15), Electricity Act, 2003 with Section 56, Judges

Supreme Court settles dispute on electricity disconnection and minimum guarantee charges: Bihar State Electricity Board vs. M/S Iceberg Industries Ltd. (2020) Date of the Judgment: 27 April 2020 Citation: 2020 INSC 348 Judges: Deepak Gupta, J., Aniruddha Bose, J. Can an electricity board disconnect power supply to a consumer for non-payment of dues, even if

Supreme Court settles dispute on electricity disconnection and minimum guarantee charges: Bihar State Electricity Board vs. M/S Iceberg Industries Ltd. (27 April 2020) Read Post »

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