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AVM J. RAJENDRA
Ajay Kumar Jayaswal – Appellant
Versus
Future Generali India Life Insurance Company Ltd. – Respondent
ORDER
These two Revision Petitions No.488 and 489 of 2018 have been filed under Section 21(b) of the Consumer Protection Act, 1986 (‘the Act’) by the Petitioner/Complainant against the impugned orders dated 03.01.2018, passed by the State Consumer Disputes Redressal Commission, Chhattisgarh (‘State Commission’) in FA Nos. 775 and 781 of 2017 respectively. Vide Order dated 03.01.2018, the State Commission dismissed the said Appeals of the Petitioner/ Complainant and affirmed the Orders dated 22.08.2017 and 23.08.2017 passed by the District Consumer Disputes Redressal Forum, Durg (“District Forum”) in Consumer Complaint Nos.346/2016 & 444/2016 respectively whereby both the complaints filed by the Petitioner/Complainant were dismissed.
2. Since the facts and questions of law involved in both the Revision Petitions are substantially similar, except for minor variations in dates and events, both the petitions are being disposed of by this common Order. For ease of reference, R.P. No.488 of 2018 shall be considered as the lead case, and the facts presented below are drawn from Consumer Complaint No. 346/2016.
3. For convenience, the parties are being referred to as placed in the original
(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,....
Revision under Section 21(b) of Act, 1986 confers very limited jurisdiction on National Commission.
(1) Review – The power of National Commission to review under Section 21 of the Act is therefore, limited to cases where some prima facie error appears in the impugned order.(2) Error – It is evident....
Consumers must be made fully aware of premium obligations before agreeing to insurance contracts; misrepresentation leads to liability for refund and damages.
(1) National Commission - National Commission in exercise of its revisional jurisdiction Commission is not required to re-assess and re-appreciate the evidence on record.(2) National Commission - Nat....
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....
“Claim for insurance coverage as given to deceased as a part of benefits for owning a debit card cannot be repudiated.”
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