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Doctor after refusal by the insurance company comes before the consumer forum alleging deficiency in services on the part of insurance company .Consumer forum allowed the complaint. An appeal filed by the Insurance company against the order of consumer forum and State commission reverted the order of consumer forum favouring insurance company. Doctor now filed revision petition before the National commission National commission in this matter of Tarunjit Roy(Dr) versus New India Insurance Company went into detail of the case, checked thoroughly the points discussed by the State commission also. National commission is of the view that the clauses referred as terms & conditions specified in the insurance agreement are of vital importance for dealing with the question as to whether insurance company is deficient in services by repudiating the claim of the doctor when the Doctor has taken professional indemnity policy and has paid the premium....

In some cases important documents required for the case are reasonably in the custody of opposite party such as treatment record of the hospital, administrative approval for construction with builder or any other documents pertaining to contract of service with opposite party. Complainant can always make a separate application to the commission for direction to the opposite party to produce the same before he court so that complaint is complete in all respects...

Now this is the final view in interpreting the clauses as explained which are further confirmed by the Hon’ble Supreme court also in its latest judgment in the matter of Neena Aneja &Others-Vs-Jai Prakash Associates Ltd pronounced on 16th March 2021...

This intention appears likely, particularly in light of previous decisions of the NCDRC which had interpreted amendments that enhanced pecuniary jurisdiction, with prospective effect. The NCDRC, in Southfield Paints and Chemicals Pvt. Ltd. v. New India Assurance Co. Ltd.58 construed amending Act 62 of 2002 by which the pecuniary limits of jurisdiction were enhanced with effect from 15 March 2003 as prospective by relying on its earlier decision in Premier Automobiles Ltd. v. Dr Manoj Ramachandran59, where the NCDRC held that the amendments enhancing the pecuniary jurisdiction are prospective in nature Dhadi Sahu (1992- Supreme Court 2 judges Dhadi Sahu (1992- Supreme Court 2 judges Parliament would be conscious of this governing principle and yet chose not to alter it in its application to the consumer fora. Ref. 58 Consumer Case No. 286 of 2000 (NCDRC) 59 Revision Petitions Nos 400 to 402 of 1993 (NCDRC)...

V!)At the end this commission also discussed that issue of pecuniary jurisdiction is “abeling as well disabeling” because criteria to calculate pecuniary jurisdiction is also changed in the new act . In earlier act criteria was cost paid plus compensation to be calculated where sa in the present act only cost paid is to be considered . With this calculation total amount to be considered will be Rs Rs 9731017 and entitlement will be District commission It will gravely prejudiced to consumer as they will lose valuable statutary right to appeal/revision allowed to them under the act . With the above view IA 5410-2020 DISMISSED by the bench comprising Sm Kanti Kar Dinesh Singh...

JURISDICTION • The Real Estate Regulator shall have the authority to govern real estate transactions in both areas !) Residential; All matters related to home buyer/builder disputes !!) Commercial all matters related to home buyer/builder disputes !!!)Civil courts intervention barred Section 79...

Apex commission directed the Chief Executive of the retail chain to immediately issue appropriate instructions to all its outlets accordingly. It is further pointed out “The necessary notice /signs /announcement /advertisement /warning should be in the place and manner as may enable the consumer to make his informed choice of whether or not to patronize its retail outlets, and whether or not to make his selection of goods for purchase from its retail outlets”. In the era of online shops this practice of charging for carry bags is going to fall heavy on such stores &shops and not only big bazar but other stores also need to understand the order of National commission....

A joint complaint filed by 26 flat buyers against Supertech builder with same interest,seeking same relief – 1. Direct the Supertech to withdraw its offer of possession without a valid Occupancy Certificate/Completion Certificate 2. Withdraw demand raised and refund if already paid for open as well as covered car parking 3. Direct to withdraw demand /refund money under super area declared. 4. Direct to withdraw cost escalation charges 5. Direct to withdraw demand raised under the head "Farmer's compensation charges 6. Direct to withdraw/refund any demand raised/collected in the name of club charges 7. Direct to withdraw the demand of interest...

“No doubt that Parliamentary draftsman was aware of this well accepted distinction between "contract of service" and "contract for services" and has deliberately chosen the expression `contract of service' instead of the expression `contract for services', in the exclusionary part of the definition of `service' in Section 2(1)(o). The reason being that employer hospital cannot be regarded as service provider in respect of the services rendered by his employee in pursuance of a contract of employment. Therefore services rendered by employed doctors of the hospital do not render service by virtue of their employment towards the patients coming to the hospital “....

Society of Catalysts & Others reached to National Consumer Dispute Redressal Commission with allegations against Star India (P) Ltd making the public at large fool by creating a false impression in the viewer’s mind that participation in HSHS Contest is free of cost whereas a lot of money is received through SMS and profit is being shared by Airtel & Star India after meeting the expenditures towards conducting the contest and prize money. Another allegation in the complaint was that contest is basically a lottery .The questions asked for the contest are very simple and winners are picked up by random selection .The purpose of such contest is business promotion and increase viewership and Tele Rating Point (TRP)...

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