IMPORTANT NOTES BENEFICIAL SCHEME—NARROW INTERPRETATION SHOULD NOT BE TAKEN Crop Insurance Scheme—Narrow interpretations of the Scheme ,if taken by the implementers of this important and beneficial Scheme, then its very objective and purpose will be defeated. Agriculture Insurance Co. of India Ltd. vs. Kishan Lal & others., 2014(1) CLT 319 (NC) COMPLAINT DISMISSED BEING BARRED BY LIMITATION-PROCEDURE IN APPEAL Complaint dismissed being barred by limitation-District Forum has not dealt the complaint on merits-State Commission after treating the complaint within limitation,could not have decided appeal on merits. Vinod Kumar Goyal vs. M/s. Mera Baba Real Estate Pvt. Ltd., 2014(1) CLT 261 (NC) COMPENSATION FOR FUNCTIONAL DISABILITY Where income of injured adversely effected due to physical disability suffered—Reasonable compensation for his functional disability should be given. G. Dhanasekar vs. M.D., Metropolitan Transport Corporation Ltd., 2014(1) CLT 462 (SC) CONDONATION OF DELAY—LIBERAL APPROACH TO BE TAKEN In a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafides, a liberal concession has to be adopted to advance substantial justice. State of U.P. through Executive Engineer & ANR. vs. Amar Nath Yadav., 2014(1) CLT 225 (SC) CONSUMER COMPLAINT—REPRESENTATIVE CAPACITY Consumer complaint filed in representative capacity ,compliance of O 1 R 8 CPC necessary. (a) It will not be reasonable to deprive the poor farmers for getting their rightful claim purely on hyper technical defects (b) Effect of acceptance of premium and declaration made by insured to insurance company— Held—Once premium and declaration is accepted, subsequently dispute cannot be raised about the less sowing of groundnuts area. Ram Seva Sahkari & others. vs. Agriculture Insurance Corporation of India & others., 2014(1) CLT 395 (GJ) D/L DEFECT—NOT CONTRIBUTED TO THE CAUSE OF ACCIDENT—INSURANCE LIABLE Technical defect in driving licence at the time of accident—Unless contributed to the cause of the accident—Cannot be a ground for escaping liability of insurance. Oriental Insurance Co. Ltd. vs. Biro Devi & Ors., 2014(1) CLT 231 (DEL. HC) DELAY IN COMPLAINT—CASE CANNOT BE DISBELIEVED Belated complaint be itself cannot be a ground to disbelieve the whole case. Rajendra Prasad Naidu & others. vs. A.Girinath Babu., 2014(1) CLT 370 (AP) DELAY OF 6 YEARS—CONDONED (a) Delay of 6 years in filing appeal due to negligence of counsel—Delay condoned. (b) Condonation of delay of 6 years in filing appeal—Strong case on merits—Sufficient ground for condonation of delay. Smt. Meena vs. Union of India & others., 2014(1) CLT 504 (NC) ELECTRICITY THEFT—CIVIL LIABILITY—INITIAL BURDEN UPON DEPARTMENT Electricity theft—Determination of civil liability—Period of theft—Section 154 (5) of the Act is not a ‘deeming’ or ‘no fault clause’ which dispenses with the Complainant leading evidence—Initial burden to prove period of theft, is upon the complainant. North Delhi Power Limited. vs. Rajesh Gupta., 2014(1) CLT 227 (DEL. HC) FAKE D/L—NO BREACH ON THE PART OF INSURED—INSURANCE LIABLE Fake driving licence—Liability of insurance—In order to avoid liability it is not sufficient to show that the person driving at the time of accident was not duly licensed—The insurance company must establish that the breach was on the part of the insured. Pepsu Road Transport Corporation vs. National Insurance Company., 2014(1) CLT 1 (SC) INVOICE—DULY SIGNED BY CUSTOMER—AGREEMENT BETWEEN THE PARTIES The tax invoice duly signed by customer and issued by dealer can be considered to be an agreement between the parties subject to which the sale was made to the customer—Liability for defect in article sold whether of the manufacturer or dealer ,should be decided accordingly. Mrs. Karima Merchant vs. Gopal Korgaonkar & others., 2014(1) CLT 152 (GOA) INSURANCE WITH LOAN—DELAY—DEFICIENCY IN SERVICE Personal accidental insurance cover with home loan—Held—The delay in subscribing the policy in time amounts to deficiency in service on the part of the Bank to the borrower of the loan. Union Bank of India vs. Avinash Govind Joshi., 2014(1) CLT 604 (MH) JD—NO LENIENCY IN SENTENCE That the faith of the consumers is not shattered in the Consumer Foras, set up for speedy redressal of grievances—Judgment Debtor does not deserve any leniency, in the matter of imposition of sentence. The Oriental Insurance Co. Limited. & others. vs. M/s Gulab Road Lines & others., 2014(1) CLT 373 (CHD) LIEN OF BANK—OTHER BANK ACCOUNTS OF DEFAULTING CUSTOMER Default in payment of dues under the credit card—Bank had lien over the other bank accounts of customer and the set off was within the competence of the Bank. ICICI Bank Ltd. & others. vs. Partha Sarathi Sinha., 2014(1) CLT 215 (WB) LOSS OF REGISTERED POST-LIABILITY OF POSTAL DEPARTMENT Postal department not liable for any loss ,misdelivery ,delay or damage of registered post u/s 6 of the Indian Post office Act-Unless it has been caused fraudulently or by wilful act or default on the part of postal authorities. Ravinder Nath Upadhya vs. Sr. Supdt. of Post Offices, Gorakhpur Division, Gorakhpur. & others. 2014(1) CLT 259 (NC) MANUFACTURER LIABLE-NOT NECESSARY TO PROVE MANUFACTURING DEFECT Defective vehicle-Not necessary to prove manufacturing defect- It is the bounden duty of both the manufacturer and the dealer to attend to the said defect and make it a defect free vehicle-If they are not in a position to do so, they should either refund the cost of the vehicle or provide a new vehicle to the consumer . Tata Motors vs. Rajesh Tyagi & others., 2014(1) CLT 238 (NC) MANUFACTURER-PROPER PARTY-BUT NOT A NECESSARY PARTY (a) Manufacturer may be a proper party, but not a necessary party in whose absence the court cannot pass an effective decree. (b) Defective goods—Dealer cannot wash off his hands after making a sale and shift his burden to the manufacturer nor can he insist that the manufacturer be added as a party to the proceedings—A consumer is primarily concerned with the dealer from whom he buys the goods, as privity of contract is between them and not with the manufacturer.Electro Audio Vision vs. M/s Diddan Construction., 2014(1) CLT 428 (ML) MUNICIPAL TAX—NOT A CONSIDERATION By merely paying tax to municipal corporation it cannot be said that complainant has hired services for consideration and complainant does not fall within the purview of Consumer under the Act. Commissioner, Nagar Nigam, Durg. (C.G.) vs. P.S. Chauhan., 2014(1) CLT 493 (NC) OD CLAIM—UNAUTHORISED PASSENGERS—NO RELEVANCY Persons travelling in the vehicle damaged in accident were gratuitous passengers or unauthorized passengers , is not relevant for the purpose of deciding claims pertaining to indemnification in cases of damage caused to the vehicle. Angrej Singh vs. Bajaj Allianz General Insurance Company Limited. & others., 2014(1) CLT 166 (HP) ORAL ACKNOWLEDGMENT OF LIABILITY—CANNOT EXTEND THE PERIOD OF LIMITATION Oral acknowledgment of liability, oral assurances or correspondence cannot extend the period of limitation once it starts running out. Mr. Edmund Gomes vs. Arcanjo Bonifacio Pereira., 2014(1) CLT 392 (GOA) PENDENCY OF INSURANCE CLAIM—CONTINUING CAUSE OF ACTION Insurance claim—Cause of action will continue till the insurance company settles or rejects the claim. ICICI Lombard General Insurance Co. Ltd. vs. Principal Sh. J.P. Pardiwala Arts Commerce College. & others., 2014(1) CLT 160 (GJ) PRESUMPTION OF DEATH Date of death of missing person is to be presumed from the date when civil suit for declaration was filed and not from the date when insured was found missing. Smt. Raj Bala vs. LIC of India., 2014(1) CLT 20 (NC) PURCHASER OF MULTIPLE PLOTS—NOT CONSUMER That a purchaser of more than a plot cannot invoke jurisdiction of the Consumer Forum. GVSN Murthy vs. M/s Suchir India Infratech (P) Ltd. & others., 2014(1) CLT 78 (AP) SURVEYOR REPORT—CAN BE IGNORED (a) Surveyor report—Rebuttal can be by contrary credible evidence—Held—That the bill indicating the repairs done carries more credibility than the Surveyor’s report because it clearly indicates item-wise damage caused to the vehicle as also the cost of repairs. (b) Delay in settlement of insurance claim—Despite of receiving surveyor report—Deficiency in service. Mallikarjun Sakri S/o Sangappa Sakri vs. Branch Manager, Oriental Insurance Co. Ltd. & others., 2014(1) CLT 476 (NC) TREATMENT UNDER GOVT.SCHEMES—CONSUMER COMPLAINT MAINTAINABLE Doctor performing surgery under scheme of govt. of India—The govt. would reimburse surgical expenditure of each patient to the institution of the doctor—Surgery not without consideration—Patient is the beneficiary in view of the expenditure for the surgery borne by the government—Consumer complaint maintainable. Dr. Rajendra Prasad & others. vs. Tammisetti Venkata Narayana & others., 2014(1) CLT 86 (AP) TERRITORIAL JURISDICTION—AT A PLACE FROM WHERE TICKET BOOKED ON LINE Railway ticket booked on-line from Chandigarh—Consumer court at Chandigarh has competent territorial jurisdiction to entertain the complaint. The Group General Manager, IRCTC Limited. vs. M. Suresh Kumar., 2014(1) CLT 378 (CHD) UNDERTAKING OF COMPLAINANT—COULD NOT OVERRIDE THE PROVISIONS Even voluntary undertaking of complainant not to claim interest on delayed refund of earnest money, could not override the provision of brochure of Housing board-Non payment of interest on delayed refund of earnest money is deficiency in service. Chandigarh Housing Board. vs. Rupinder Kaur., 2014(1) CLT 131 (CHD)
Posted on: Tue, 11 Mar 2014 11:48:00 +0000
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