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SUDIP AHLUWALIA
Royal Sundaram Alliance Insurance Co. Ltd. – Appellant
Versus
Patel Tours & Travels – Respondent
ORDER :
1. This Revision Petition has been filed against the impugned Order dated 17.10.2014 passed by the Ld. State Consumer Disputes Redressal Commission, Gujarat in Appeal No. 3256/2012, vide which the Appeal filed by the Respondent No. 1 & 2 was allowed and the Order of the Ld. District Forum was upheld with modified directions.
2. The factual background, in brief, is that the Complainants had booked two tickets for themselves and their luggage on a private bus service operated by the Respondent No. 1 and 2. While en route from Ahmedabad to Bhuj on 31.05.2011, the bus caught fire near Ramdevpir early in the morning of 01.06.2011. In the chaos that ensued, all passengers, including the Complainants, were forced to evacuate the bus without their luggage. Consequently, the Complainants' luggage, containing valuable items worth Rs. 50,000/- was completely destroyed in the fire. Subsequently, the Complainants issued a Legal Notice to the Bus Agency seeking compensation for their loss, but received a frivolous reply. They were also advised to file a claim with the relevant insurance company. Dissatisfied with this response and the deficiency of service, the Complainants filed their Com
Claims for third-party property damage due to motor vehicle incidents must be adjudicated by Motor Accident Claims Tribunals, not consumer forums.
Revision under Section 21(b) of Act, 1986 confers very limited jurisdiction on National Commission.
The burden of proof lies with the insurer to justify claim repudiation, and lack of supporting evidence leads to a judgment in favor of the claimant.
(1) Limited Scope of Revisional Jurisdiction – The NCDRC, under Section 21(b) of the 1986 Act (pari materia to Section 58(1)(b) of the 2019 Act), cannot act as a second court of appeal. It cannot int....
Revision cannot be maintained under Article 227 when an alternative remedy via appeal exists under the Consumer Protection Act.
(1) Insurance is contract and nothing shall be presumed which is written down in the contract.(2) Jurisdiction conferred on National Commission under Section 21 (b) of Act has been transgressed
Revisional Jurisdiction of NC – Concurrent findings given by Forum & State Commission : No illegality or material irregularity: NC has no jurisdiction to interfere with concurrent findings recorded b....
National Commission in exercise of revisional jurisdiction cannot re-appreciate evidence led by parties like appellate Court.
The Consumer Redressal Commission can entertain complaints regarding insurance reimbursements despite claims related to motor accidents, as jurisdiction is determined by the nature of the complaint a....
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