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Can Insurance company appoint surveyors one after another (IRDA Rules)

Sri Venkateswara and Syndicate Vs. Oriental Insurance Company Limited & Anr. (2009) 8 SCC 507” Explained in the judgment scope of Section 64 UM of the Insurance Act · Second surveyor can be appointed only when the first surveyor’s report is either inherent defects in it or that it is arbitrary, excessive, exaggerated etc. · While appointing a second surveyor the insurer has to give cogent reasons for rejecting the report of first surveyor...

CASE LAWS UNDER Consumer Protection Act 1986[Amended 2002]

Shamim Khan V New India Insurance Company, Maharashtra State Consumer Dispute Redressed Commission ‘it is the doctors who decide what treatment is required to be given. Once the insured has paid the agreed amount of premium, insurance company is bound to meet the expenses. While deciding a Case of mediclaim in the matter of Shamim Khan V New India insurance company, Maharashtra State Consumer Dispute Redressed Commission has shown insurance firms their place, directing that it is the doctor and not the insurer who can decide whether a case requires emergency medical attention or not. It is further stated that “insurance company’s officers are not experts who can decide whether a particular case is of medical emergency or not.”...

CASE LAW HOUSING

Funds Utilization Norms set under New RERA ACT 2016 (Real Estate Regulators And Developers Act 2016 “Developer obliged to park 70% of the project funds in a dedicated bank account to ensure that developers are not able to invest in numerous new projects with the proceeds of the booking money for one project.’ The above clause comes to rescue the home buyers against BIC 2016...

When a complaint under consumer protection act cannot be entertained

econd complaint after first complaint is dismissed on merit for the same cause When matter has been heard ,and decided and dismissed on merit . For the same cause one cannot file case before sam or another authority by hiding the fact of the decision. But if the case dismissed in default without going into the merit –one can file or after withdrawing the case with a liberty to file the same again by improving narration or relief etc Held on the first issue by Justice S S Ahmad , D Wadhwa “ in the absence of the complainant , the court or judicial body will be well within the jurisdiction to dismisss the complaint for non –prosecution .So also ,it would have the inherent power and jurisdiction to restore the complaint on good cause being shown for non-appearance of the complainant ” meaning thereby that court or judiciary body can dismiss the complaint in default and also restore it back if non-appearance is justified...

What is ‘Class Action’ Under Consumer Protection Act

How it is dealt by Consumer Commissions 1. Complete Procedure as in courts 2. Segregate cases in different groups according to grievance and relief 3. Order –common order or separate order as the case may be Relief – Remove defect ,change,refund along with compensation and cost of litigation Remove deficiency inservices,order for refund Removing unfair clause in contract ,remove and compensate for unfair trade practice Example of class case – Builder cases Education Product liability cases , Unfair trade practices How it is dealt by Consumer Commissions 1. Complete Procedure as in courts 2. Segregate cases in different groups according to grievance and relief 3. Order –common order or separate order as the case may be Relief – Remove defect ,change,refund along with compensation and cost of litigation Remove deficiency inservices,order for refund Removing unfair clause in contract ,remove and compensate for unfair trade practice Example of class case – Builder cases Education Product liability cases , Unfair trade practices...

Can insurance company appoint surveyors one after another (IRDA Rules)

IRDA (Protection of Policy Holders’ Interest Regulations 2002) · The Opposite insurance company , on receipt of the legally appointed surveyor’s report, if found the report incomplete, was required to intimate the same to the legally appointed surveyor within 15 days with request to furnish additional report on the basic issues · If he fails to do so,then there can be question of second servayor...

Second complaint not admissible when first complaint dismissed on merits

· “ in the absence of the complainant , the court or judicial body will be well within the jurisdiction to dismiss the complaint for non –prosecution .So also ,it would have the inherent power and jurisdiction to restore the complaint on good cause being shown for non-appearance of the complainant ” meaning thereby that court or judiciary body can dismiss the complaint in default and also restore it back if non-appearance is justified · Summery procedure is to be followed by consumer forums which has been properly laid down under section 13 of the act and hence CPC is not applicable .In view of this, prohibition contained under order 9 ,rule 9(1) is of no meaning when we are talking of consumer fora and summery procedure. · Rules for Consumer Courts For this purpose we have to visit special powers given to the National commission and rule 15(6) which talks of dismissal of the case for non-prosecution but does not bar second complaint....

MANU SOLANKI & 8 ORS Versus 1. VINAYAKA MISSION UNIVERSITY

Number of issues came up before the National commission to decide students issues from all over the country .....

Hindustan Coca- Cola Beverages Pvt. Ltd. says-Its not my Baby

There is a serious question now before us in the interest of public at large .if such reputed companies intentionally or unintentionally do not help to catch the culprits, such hazardous products will continue selling in the marketing causing damage to the health of consumers. Who shall be then held responsible for this act · .Marley paying damages does not stop the practice unless serious investigation is made on the issue. · Further, what exactly is the status of authorized dealer? does this mean ,products are sold only to listed authorized dealers and to none others .Is there any system of sub trading by the authorized dealers in the open market .How will the consumer know the right seller when every shop is selling the product in the market . · There should be strict stringent action against the company who does not care to help in removing such spurious product from the market sold in their name. In other words they are to be put under penal liability under Cr pc code as if crime is being committed by them....

EXECUTION OF THE CONSUMER COURT ORDER (Role of Police and Court)

Further, consumer has a choice to ask for certificate of order and may go to revenue department for compliance under section 25 of the act. Revenue department can recover the dues as is done in recovery of dues in other matters and can also attach property of judgment debtor. Since revenue department has enough infrastructures available, consumer can go and pursue to revenue department also for compliance of the order....

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