Consumer Law

Supreme Court Clarifies Insurer’s Liability in Cases of Fake Driving Licenses: Nirmala Kothari vs. United India Insurance Co. Ltd. (2020)

/ Consumer Complaint, Consumer Law, Insurance Law, Judges, Krishna Murari, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 149(2)(a), Navin Sinha

Supreme Court Clarifies Insurer’s Liability in Cases of Fake Driving Licenses: Nirmala Kothari vs. United India Insurance Co. Ltd. (2020) LEGAL ISSUE: Extent of care expected from an employer while hiring a driver concerning the validity of their driving license. CASE TYPE: Consumer Law/Insurance Law Case Name: Nirmala Kothari vs. United India Insurance Co. Ltd. […]

Supreme Court Clarifies Insurer’s Liability in Cases of Fake Driving Licenses: Nirmala Kothari vs. United India Insurance Co. Ltd. (2020) Read Post »

Supreme Court clarifies the meaning of “first due” under Section 56(2) of the Electricity Act, 2003 in cases of incorrect billing: Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited & Anr. vs. Rahamatullah Khan alias Rahamjulla (18 February 2020)

/ Consumer Law, Consumer Rights, Electricity Act, 2003, Electricity Act, 2003 with Section 56, Indu Malhotra, Judges, Limitation Law, Limitation Period, Uday Umesh Lalit

Supreme Court Clarifies “First Due” Date Under Electricity Act: Ajmer Vidyut Nigam vs. Rahamatullah Khan (2020) LEGAL ISSUE: Interpretation of “first due” in Section 56(2) of the Electricity Act, 2003, concerning the limitation period for disconnection of electricity supply due to non-payment of dues. CASE TYPE: Electricity Law, Consumer Law. Case Name: Assistant Engineer (D1),

Supreme Court clarifies the meaning of “first due” under Section 56(2) of the Electricity Act, 2003 in cases of incorrect billing: Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited & Anr. vs. Rahamatullah Khan alias Rahamjulla (18 February 2020) Read Post »

Supreme Court Upholds Insurance Claim for Employee Dishonesty in Commodity Substitution Case

/ Consumer Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 405, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Insurance Claims, Insurance Law, Judges, Mohan M. Shantanagoudar, R. Subhash Reddy

Supreme Court Upholds Insurance Claim for Employee Dishonesty in Commodity Substitution Case LEGAL ISSUE: Whether an insurance company is liable under a Fidelity Guarantee Insurance Policy for losses arising from the dishonest acts of employees, specifically in cases of commodity substitution. CASE TYPE: Consumer Law, Insurance Law Case Name: Oriental Insurance Co. Ltd. vs. National

Supreme Court Upholds Insurance Claim for Employee Dishonesty in Commodity Substitution Case Read Post »

Supreme Court Sets Aside NCDRC Order Holding Bank Liable in Insurance Claim Dispute: State Bank of India vs. New India Assurance Company Limited (2020)

/ Consumer Disputes Redressal, Consumer Law, Dhananjaya Y Chandrachud, Indu Malhotra, Insurance Claims, Judges, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, Settlement

Supreme Court Sets Aside NCDRC Order Holding Bank Liable in Insurance Claim Dispute: State Bank of India vs. New India Assurance Company Limited (2020) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) can hold a bank liable for an insurance claim when the borrower has not challenged the State Consumer Disputes Redressal Commission’s

Supreme Court Sets Aside NCDRC Order Holding Bank Liable in Insurance Claim Dispute: State Bank of India vs. New India Assurance Company Limited (2020) Read Post »

Supreme Court Upholds Insurer’s Exclusion of STFI Perils in Insurance Claim: Shree Ambica Medical Stores vs. Surat People’s Co-operative Bank (2020)

/ Ajay Rastogi, Consumer Law, Dhananjaya Y Chandrachud, Exclusion Clause, Insurance Law, Insurance Law with Section 64VB, Insurance Policy, Judges

Supreme Court Upholds Insurer’s Exclusion of STFI Perils in Insurance Claim: Shree Ambica Medical Stores vs. Surat People’s Co-operative Bank (2020) LEGAL ISSUE: Whether an insurance company can exclude specific perils (STFI) from a renewed insurance policy, and if so, whether the insured is bound by such exclusion if they were aware of it. CASE

Supreme Court Upholds Insurer’s Exclusion of STFI Perils in Insurance Claim: Shree Ambica Medical Stores vs. Surat People’s Co-operative Bank (2020) Read Post »

Airline Not Liable for ‘Gate No Show’ Passengers: Supreme Court Clarifies in Consumer Case (28 January 2020)

/ A.M. Khanwilkar, Aviation Law, Conditions of Carriage, Consumer Law, Consumer Protection Act, 1986 with Section 2(1)(g), Deficiency in Service, Denied Boarding, Dinesh Maheshwari, Gate No Show, Judges

Airline Not Liable for ‘Gate No Show’ Passengers: Indigo Airlines vs. Kalpana Rani Debbarma (2020) LEGAL ISSUE: Whether an airline is liable for deficiency in service when a passenger fails to report at the boarding gate before its closure, resulting in them missing their flight. CASE TYPE: Consumer Law Case Name: The Branch Manager, Indigo

Airline Not Liable for ‘Gate No Show’ Passengers: Supreme Court Clarifies in Consumer Case (28 January 2020) Read Post »

Supreme Court Clarifies ‘Flood and Inundation’ in Insurance Policy: Oriental Insurance vs. J.K. Cement (28 January 2020)

/ Consumer Law, Consumer Protection Act, Flood and Inundation Clause, Insurance Act, 1938, Insurance Act, 1938 with Section 64-UM, Insurance Law, Judges, Mohan M. Shantanagoudar, National Consumer Disputes Redressal Commission (NCDRC), R. Subhash Reddy, Standard Fire and Special Perils Insurance Policy

Supreme Court Clarifies ‘Flood and Inundation’ in Insurance Policy: Oriental Insurance vs. J.K. Cement (2020) LEGAL ISSUE: Interpretation of ‘flood’ and ‘inundation’ in insurance policies. CASE TYPE: Consumer Law Case Name: Oriental Insurance Company Limited vs. M/s. J.K. Cement Works Judgment Date: 28 January 2020 Date of the Judgment: 28 January 2020 Citation: [Not Provided

Supreme Court Clarifies ‘Flood and Inundation’ in Insurance Policy: Oriental Insurance vs. J.K. Cement (28 January 2020) Read Post »

Supreme Court Upholds Insurer’s Repudiation of Claim in Rice Mill Collapse Case: New India Assurance Co. Ltd. vs. Sri Buchiyyamma Rice Mill (2020) INSC 32

/ Ajay Rastogi, Claim Repudiation, Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Insurance Act 1938, Insurance Act 1938 with Section 64-UM, Insurance Law, Insurance Law with Section 64-UM, Judges, National Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, Surveyor Reports

Supreme Court Upholds Insurer’s Repudiation of Claim in Rice Mill Collapse Case LEGAL ISSUE: Whether an insurer can appoint multiple surveyors to assess a claim, and the validity of repudiating a claim based on surveyor reports. CASE TYPE: Insurance Law, Consumer Dispute Case Name: The New India Assurance Co. Ltd. vs. Sri Buchiyyamma Rice Mill

Supreme Court Upholds Insurer’s Repudiation of Claim in Rice Mill Collapse Case: New India Assurance Co. Ltd. vs. Sri Buchiyyamma Rice Mill (2020) INSC 32 Read Post »

Supreme Court restores State Commission order in Insurance Claim Dispute: Shyam Lal Jayaswal vs. Oriental Insurance (2020)

/ Consumer Law, D.Y. Chandrachud, Hrishikesh Roy, Insurance Claims, Judges

Supreme Court restores State Commission order in Insurance Claim Dispute: Shyam Lal Jayaswal vs. Oriental Insurance (2020) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) can reduce a claim amount when the respondent did not challenge the State Consumer Disputes Redressal Commission’s (SCDRC) order. CASE TYPE: Consumer Law Case Name: Shyam Lal Jayaswal

Supreme Court restores State Commission order in Insurance Claim Dispute: Shyam Lal Jayaswal vs. Oriental Insurance (2020) Read Post »

Supreme Court overturns consumer forum order on holiday voucher scheme: Today Merchandise Pvt Ltd vs. Anil Kumar Luthra (2020)

/ Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Hrishikesh Roy, Judges, Promotional Schemes

Supreme Court overturns consumer forum order on holiday voucher scheme: Today Merchandise Pvt Ltd vs. Anil Kumar Luthra (2020) LEGAL ISSUE: Whether a consumer is entitled to free gifts under a promotional scheme when the gifts are contingent on making referrals, and the consumer has not made any referrals. CASE TYPE: Consumer Law. Case Name:

Supreme Court overturns consumer forum order on holiday voucher scheme: Today Merchandise Pvt Ltd vs. Anil Kumar Luthra (2020) Read Post »

Supreme Court clarifies compensation for delayed possession despite sale deed: Lanco Hills vs. Kulkarni (2019)

/ Breach of contract, Consumer Law, Consumer Rights, Contract Law, Delayed Possession, Dhananjaya Y Chandrachud, Force Majeure, Hrishikesh Roy, Judges, Possession of Property, Property Law, Sale Deed

Supreme Court Clarifies Compensation for Delayed Possession Despite Sale Deed: Lanco Hills vs. Kulkarni (2019) LEGAL ISSUE: Whether a builder is liable to pay compensation for delayed possession of an apartment even after a sale deed has been executed stating that possession has been handed over. CASE TYPE: Consumer Case Name: M/s Lanco Hills Technology

Supreme Court clarifies compensation for delayed possession despite sale deed: Lanco Hills vs. Kulkarni (2019) Read Post »

Supreme Court Upholds Compensation Ratio in Housing Dispute: Chandigarh Housing Board vs. Parasvanath Developers (2019)

/ Arbitration Law, Consumer Law, Consumer Rights, Contract Law, Contract Law with Clause 9, Enforcement of Arbitral Awards, Interpretation of Contracts, Judges, Mohan M. Shantanagoudar, R. Subhash Reddy, Real Estate Disputes, Tripartite Agreement

Supreme Court Upholds Compensation Ratio in Housing Dispute: Chandigarh Housing Board vs. Parasvanath Developers (2019) LEGAL ISSUE: Liability for compensation and refund in a failed real estate project. CASE TYPE: Consumer. Case Name: Chandigarh Housing Board vs. M/s. Parasvanath Developers Pvt. Ltd. & Anr. [Judgment Date]: 17 December 2019 Date of the Judgment: 17 December

Supreme Court Upholds Compensation Ratio in Housing Dispute: Chandigarh Housing Board vs. Parasvanath Developers (2019) Read Post »

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