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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Nasibun Nisha, Wd/o Late Mohd. Farukh Ansari – Appellant
Versus
Axis Bank Limited – Respondent
| Table of Content |
|---|
| 1. dispute regarding insurance and loan adjustment. (Para 2 , 3) |
| 2. arguments from the parties regarding duties and liabilities. (Para 4 , 5 , 6) |
| 3. definition of 'service' under consumer protection act. (Para 10 , 11) |
| 4. writ jurisdiction and alternative remedy. (Para 17 , 18 , 19) |
| 5. dismissal of the writ petition. (Para 21) |
JUDGMENT :
Amitendra Kishore Prasad, J.
1. Heard Mr. Gyan Prakash Shukla, learned counsel for the petitioner and Mr. Ashok Kumar Verma along with Mr. Anmol Varma, learned counsel for respondent No.3.
2. The petitioner seeks to challenge the order dated 16.12.2021 passed by the Max Life Insurance Company i.e. respondent No.2 herein stating that the husband of the petitioner namely, Late Mohd. Farukh Ansari has purchased one Tractor bearing registration number CG29-AD-3266, which was financed by respondent No.1 while sanctioning an amount of Rs.4,93,464/-. The said Tractor was insured by respondent No.2. An agreement was entered into between the parties, according to which in case of death of borrower, the balance amount was required to be adjusted from the Max Life Insurance Company Limited i.e. respondent No.2. As the husband of the petitioner opted f
Disputes involving insurance claims post-death are consumer grievances requiring resolution through the Consumer Protection Act, not under writ jurisdiction.
Insured is not entitled to compensation when on facts it is proved that he was intoxicated and that his death was due to intoxication.
The main legal point established in the judgment is the principle of 'accord and satisfaction,' which bars further claims after the acceptance of a payment without objection.
Revision under Section 21(b) of Act, 1986 confers very limited jurisdiction on National Commission.
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