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AVM J. RAJENDRA
Kuljit Kaur – Appellant
Versus
Cholamandlam Ms General Insurance Co. Limited – Respondent
ORDER
The present Revision Petition has been filed by the Petitioner/ OP under Section 21(b) of the Consumer Protection Act, 1986 (“the Act”) against the impugned order dated 18.01.2019, passed by the learned Punjab State Consumer Disputes Redressal Commission, Chandigarh (‘the State Commission’) in First Appeal No.364/2018 wherein the State Commission modified the order passed by the learned District Consumer Disputes Redressal Forum, Amritsar (‘the District Forum’) dated 02.02.2018 and directed the OP to pay 75% amount of the insured declared value of Rs.13,75,000/- i.e. Rs.10,31,250/- on non-standard basis along with interest @ 9% per annum from the date of filing the complaint till actual payment.
2. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.
3. Brief facts of the case, as per the Complainants, are that Sukhwinder Singh, the husband of Complainant No. 1, insured his vehicle Regn No. PB-05-Q-9322, Engine No. 578839, Chassis No. EFA2022, Model 2009 with the OP from 24.08.2013 to 23.08.2014. It was financed by Indusind Bank for Rs.10,75,000/-. Sukhwinder Singh died on 12.02.2014. Before his death, the loan was
Contractual obligations under vehicle insurance policy are specific and can only be discharged as per terms and conditions of policy.
(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....
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“Claim for insurance coverage as given to deceased as a part of benefits for owning a debit card cannot be repudiated.”
Revision under Section 21(b) of Act, 1986 confers very limited jurisdiction on National Commission.
Burden of Proof – The court cannot lay down any criteria as to how said burden would be discharged, inasmuch as the same would depend upon the facts and circumstance of each case.
(1) Fisherman - The job of a fisherman is not like a permanent job where he may not be allowed to work elsewhere when he is otherwise free.(2) Written Statement - Consumer fora has no jurisdiction an....
(1) Revision – It is a well settled position in law that the scope for Revision under Section 21(b) of the Consumer Protection Act, 1986 and now under Section 58(1)(b) of the Consumer Protection Act,....
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