Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... section a loss of money by any cause while in direct transit from the bank to the premises for payment of (i) wages salaries and other earnings (ii) petty cash from the time the money is received at the bank by the insured or authorized employees of the insured until delivered at the premises the cover in respect of item (i) ..... briefly the facts are that the complainant obtained money in transit insurance from the opposite party for the period from 6.4.1989 to 5.4.1990. ..... from a reading of he terms it is evident that section a applies in cash money is lost while it is in transit from bank to the premises of the insured, for payment of wages, salaries, etc. ..... the question that arises for determination is as to whether mr. ..... the complainant has filed the present complaint for the recovery of rs. ..... from 10.8.92 till the date of payment within a period of three months to the complainant, failing which an action shall be taken against them under section 27 of the consumer protection act. ..... for the aforesaid reasons we accept the complaint with costs and direct the respondent to pay an amount of rs. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... after taking into consideration the facts and circumstances of the present case and the amount for which the policy was taken, we are of the view, that the room in which the money had been kept by the complainant, would be deemed to be ..... portion of the office is occupied by staff where as the back portion right hand side is used for placing of almirahs and left hand side is used by the insured himself. ..... only, which amount in present times cannot be considered to be such a huge amount for which a strong-room as is constructed by the banks, should be constructed. ..... the third question that arises for determination is, whether the complainant is entitled to damages, if so, how much the complainant has been deprived of the use of the money by the opposite party for a long period without any ..... from a reading of the clause it is clear that for making the claim from the insurer, two conditions are to be satisfied by the insured; firstly the premises should be closed and secondly, the money should be kept in a safe or strongroom ..... the first question that arises for determination is, whether the case of the complainant falls under clause (3) of the exceptions which reads as follows: "exceptions : the company shall not be liable in respect of any loss of money: (1)xxxxxxxxxxxx(2)xxxxxxxxxxxx(3) occurring on premises which ..... and patent and trade mark attorney and has office at 241, (3rd floor), fatehpuri, chandni chowk, delhi-110 006 for the last more than 10 years. ..... the consumer protection act. ..... act .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... we cannot be oblivious of the fact that it is common knowledge that the insurance companies appoint agents and sub agents in various cities for augmenting their business, in order to save their administrative expenses and it is also common knowledge that the insurance companies produce a bunch of papers containing large number of terms and conditions in micro print ..... have verified from the earlier policy as it had already reimbursed the expenses incurred by the appellant and to treat such a disease for which he has already been treated and reimbursed as pre-existing disease does not stand to reason. 8. ..... the claim of the appellant against medi-claim policy was repudiated by the respondent for non-disclosure of pre-existing disease, consequently the appellant filed instant complaint before ..... cms was found over the tail and body of the pancreas, for which he was treated and discharged from the hospital on 22.5.1995 after treatment and discharge summary was issued which is dated 22.5.1995, which clearly shows that he was admitted ..... view that if the insured conceals any factum of his having been hospitalized or undergone operation in the near proximity of obtaining the policy say a year or two before as he knows the name of the disease for which he was hospitalised or treated, he is not entitled for reimbursement of the expenses against medi-claim policy. 9. ..... impugned order closely and find that the first policy was taken in the year 1993, which was valid for a period of one year w.e.f. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... in the aforesaid view we are fortified by the observations of the national commission in junta machine tools v. ..... of the controversy between the parties we consider that this is a matter that should be adjudicated before a civil court where the complainant as well as the respondent will have ample opportunities to examine witnesses at length, take out commission for local inspections etc. ..... the this is not a case where the insurance company did not take prompt and necessary steps for deciding the claim under the policies of insurance. ..... they have given very cogent reasons for not accepting the claim of the ..... a perusal of the pleadings of the parties it is evident that the complainant obtained the comprehensive insurance policy for a period of six months from 14-5-92 to 13-11-92. ..... , after considering the matter in detail, came to the conclusion as follows : (ii) initially, the car was insured only for a period of six (6) months w.e.f. ..... no fir was filed by the complainant and only a report filed at timarpur police station for entry in daily diary. ..... complainant possessed a valid and a proper driving licence, for driving the car. ..... , the said car could not be used as a taxi due to non-availability of a competent and reliable driver and the complainant therefore continued to use it for his personal conveyance. ..... got the car insured with the respondents insurance company under third party risk for a period of six months w.e.f. 14.5.92. ..... however, for reasons best known to him that has not been .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... it has further been contended that even if the vehicle is brought on road in violation of the aforesaid provisions of the motor vehicles act, it did not cease to be a property in respect of which insurance had been taken and if the property was damaged the insurance company was liable to ..... ) cpj 1 (sc)=1996 acj 95 (sc) it was held that whereas there was a deemed transfer of the ownership of the vehicle in favour of the transferee by virtue of section 157 of the motor vehicles act insofar as third parties are concerned, there was no such automatic transfer insofar as "own damage" is concerned. ..... the effect of bringing the vehicle in a public place in contravention of the provisions of the motor vehicles act in the facts and circumstances of the case absolved the insurance company of its liability according to the terms and conditions of the ..... limitation prescribed under section 24a which was brought on the statute book by amending act of 1993 w.e.f. ..... the limitation act, 1963 lays down as under :(b) on a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by insurerthree yearsthe date of occurrence causing the loss or where the claim on the policy is denied, either partly or wholly, the date of such denial the contention of learned counsel for the respondent is that loss in the present case occurred on 25.9.1990 and the present complaint was filed on 13.9.1993. ..... relied on this distinction is national insurance company ltd. v. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... these provisions are directed towards the speedy enforcement of the orders of the district forum, the state commission or the national commission as the case may be. ..... , the complainant filed an application under section 27 of the consumer protection act (hereinafter referred to as 'the act') that action be taken against them under the said act for non-compliance of the order of the commission dated 4th march, 1992. ..... in the case of state commission, the president of the state commission is a judge of the high court either sitting or retired and in the case of national commission the president is a judge of the supreme court either sitting or ..... the following observations of the learned commission may be read with advantage: "the scheme for enforcement of the orders of the three redressal agencies under the act has then to be viewed in a larger ..... however, the agencies have been given power to impose a sentence of imprisonment or fine or both for a term less than the minimum term and the amount lesser than the minimum amount, if it is satisfied that the circumstances of the case so require. ..... the aforesaid view we are fortified by the observations of the state commission, haryana in kohinoor carpets v. ..... section 25 visualises the enforcement of such orders by a civil process, as if they were a decree or order made by a court of law, section 27 confers a quasicriminal sanction for their enforcement by way of punishment with imprisonment or imposition of monetary penalties." 9. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... is clearly entitled to interest @ 12% per annum which was allowed by the state commission and affirmed by the national commission for the period 1.8.96 to 7.10.96 when the amount was actually received by the applicant. ..... his stand is that the car is required to be returned under order of the state commission as well as national commission which in the facts and circumstances of the case implied that the car be returned on as is where ..... while dismissing the appeal by order dated 21.2.95, the national commission affirmed the order passed by the state commission and directed "the complainant to return the disputed car to ..... neither the state commission nor the national commission appears to have envisaged inspection of the car at the time of its return to ..... no such direction in the order by the state commission or of the national commission. ..... the national commission dismissed the aforesaid appeal by its order ..... the national commission stayed recovery ..... preferred an appeal before the national commission. ..... shall be returned by the applicant and accepted by the respondent in the presence of a local commissioner to be named by the commission when the parties appear in pursuance to copies of this order being received by them. ..... , the respondent has reiterated the proposition that the court cannot go behind the decree and vary the terms thereof at the stage of execution; that there was no order for payment of any garage/maintenance charges and that the applicant was not entitled to any such amount. 4. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... diu, industrial development corporation, i (1992) cpj 71 (nc), in which it was held by the national commission that it may be that various organs, instrumentalities, institutions or agencies of the state make promises for providing infrastructure facilities to promote the growth of industry. ..... commissioner, mcd reported as ii (1992) cpj 363 (nc) national commission has held as follows the assessment and collection of house tax by the municipal corporation is not a consideration for any service rendered or to be rendered by the corporation to the ..... to determine whether or not the statutory and obligatory functions of any statutory or public authority or civic bodies like mcd and ndmc fall within the ambit of service as per provision of the consumer protection act, 1986 and whether or not the users of the civic services or any other services or functions performed by the statutory or public or civil authority are consumers because they have paid some house tax, ..... created sanitation task force (stf) in each zone under the charge of sanitary inspector with one refuse removal truck and eight safai karmacharis with adequate equipments at his disposal and this task force is also equipped with wireless sets to attend the complaints more effectively ..... gupta, iii (1993) cpj 7 (sc)=(1994) 1 scc 243 extended the concept of service to almost every obligatory functions of civic or public or statutory authorities as it has brought almost every kind of service under the words service of any .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... which shall be free from any defect; (c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant; (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party: [provided that the district forum shall have the power to grant punitive damages in such circumstances as it deem fit]. ..... gupta, iii (1993) cpj 7 (sc)=1994 (1) scc 243 supreme court has, on the question of jurisdiction of the forums and commission under the consumer protection act, 1986 categorically held that despite the fact that other forums/courts have also jurisdiction to adjudicate upon the lis still these forums have jurisdiction as remedies under the act are wider and include compensation for mental agony, ..... are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section (1) of section 5 of the monopolies and restrictive trade practices act, 1969 (54 of 1969); (b) the complaint of an individual consumer main-tainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commis-sion established under section 9 of the consumer protection act, 1986 (68 of 1986); (c) the dispute between telegraph authority and ..... to serve purpose of the act, various quasi-judicial forums are set up at the district, state and national level with wide range of .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... public, on promise of attractive rates of interests, is a consumer or not and whether a company or a firm inviting deposits on promise of attractive rates of interests and prompt repayment of principal and interest on the expiry of the stipulated period with full security for investment, is providing service for consideration, within the meaning of the act, came up for consideration before the national commission in case neela vasant raje v ..... . the learned counsel for the appellant, during the course of arguments, has placed reliance on a number of decisions of the honble supreme court, national commission and state commissions in cases sri ram dass motor transport ..... . gupta, iii (1993) cpj 7 (sc)=1986-95 consumer 278 (sc)= (1994) 1 scc 243, and their lordships of the supreme court in the abovesaid case have held : to begin with the preamble of the act which can afford useful assistance to ascertain the legislative intention, it was enacted, to provide for the protection of the interest of ..... ., iii (1993) cpj 261 (nc)=1986-95 consumer 446 (ns), and the national commission in the abovesaid case has made the following observations which are of utmost significance in the present context : in interpreting a social welfare legislation one should not make a narrow approach but should be guided by the principles of benevolent interpretation which will help to promote and achieve the object and purpose of the act namely, to protect the interests of consumers and suppress the evil .....
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