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Showing posts with the label National Consumer Disputes Redressal Commission (NCDRC)

Refusal of Insurer to Release Claim Amount in the Absence of a Discharge Voucher does not amount to Fraud [Case Law]

Consumer Law - the refusal of the insurer to release the claim amount in the absence of a discharge voucher, in my view, does not amount to fraud, misrepresentation, coercion of undue influence as defined in the Indian Contract Act. If the insurer was insisting upon execution of the Discharge Voucher as a pre-condition for release of the assessed amount and the complainant was not willing to do so, nothing prevented it from filing a consumer complaint or a Civil Suit and seeking an interim order, directing the insurer to pay the said amount.

Consumer Fora should not adopt Hyper Technical Approach while considering Amendment Application [Case Law]

Consumer Protection Act, 1986 - Rule 14(1)(b) - Civil P.C. 1908 - O. 1 R. 10(4) - Merely because the, plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded.

LIC could not be asked to make Payment of Claim under the Policy, if the same was lying in a Lapsed Condition at the time of Death of the Policy-Holder [Case Law]

Consumer Protection Act, 1986 - S. 21(b) - Revision Petition - Life Insurance - LIC could not be asked to make payment of claim under the policy, if the same was lying in a lapsed condition at the time of death of the policy-holder.