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SUBHASH CHANDRA, J. RAJENDRA
HDFC EGRO G. I. C. Ltd. – Appellant
Versus
Namdev Dnyanu Lad – Respondent
ORDER
AVM J. Rajendra, AVSM VSM (Retd.), Member—The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (“the Act”) against the State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Kolhapur (‘the State Commission’) order dated 06.03.2017 in FA No.963/2015 dismissing the Appeal filed by the OP/Petitioners against the District Consumer Disputes Redressal Forum, Kolhapur (‘the District Forum’) order dated 31.07.2015 allowing the Complaint.
2. As per the Registry report, there is 2 days delay in filing this case. For the reasons stated in IA/8782/2017, the delay is condoned.
3. I.A. Nos.956 and 3961 of 2024 were filed by the Respondent/ complainant seeking to bring on record LRs of the deceased Namdev Dnyanu Lad, who died during the subsistence of the present Revision Petition and the death certificate of the deceased was also brought on record. For the reasons stated in the said IAs, the same are allowed and amended Memo of Parties are taken on record.
4. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.
5. Brief facts of the case, as per the Complainant,
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....
(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
(1) Insurable Interest during Transfer – The process of transferring insurance (submitting applications and fees) often spans several days. If an incident occurs while this process is in progress, th....
(1) Definition of Fundamental Breach – An insurance company can only deny a claim in its entirety if there is a “fundamental breach” of policy conditions. A delay in reporting is generally considered....
Insurance Policy – Vehicle Insurance – Theft – Insurance Company cannot travel beyond the reasons stated in repudiation letter.
Intimation – the delay in intimation to the Insurance Company as also the purported transfer of the vehicle to a third party by entering into a sale agreement is no more a factor for the insurer to d....
: Limitation : Repeated representations will not extend period of limitation.
1. Delay in filing FIR and insurance claim to be condoned if reasonable explanation given, especially in case of theft of vehicle.2. Mere delay cannot be a reason for not providing claim as per Apex....
The Consumer Protection Act prioritizes consumer interests, allowing claims to proceed despite delays if satisfactorily explained, emphasizing pragmatic interpretation over hyper-technicality.
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