SRI LANKA INSURANCE CORPORATION LTD VS. CONSUMER AFFAIRS AUTHORITY AND OTHERS
SRI LANKA INSURANCE CORPORATION
LTD
Vs.
CONSUMER AFFAIRS AUTHORITY AND OTHERS
COURT OF APPEAL
J. DE SILVA, J.
FERNANDO, J.
CA/WRIT/177/2017
MARCH 21, 2019
Writs of certiorari and prohibition-Consumer Affairs Authority Act, No. 9 of
2003, sections 13(1), 32, 75, section 3(4) of the schedule-Powers of the
Consumer Affairs Authority to conduct inquiries into insurance contracts-Implied
terms in contract law-Jurisdiction of the Consumer Affairs
Authority-Quorum-Natural justice-Validity of decision signed by those who did
not participate at the inquiry
The 7th respondent made a complaint to the 1st respondent Consumer Affairs
Authority against the petitioner's refusal to cover the loss claimed by the
former in terms of the impact damage cover provided under the fire insurance
policy entered into by the parties.
On the urging of the 1st respondent, the petitioner reconsidered the 7th
respondent's claim made on appeal but rejected the same with reasons. Thereafter
the petitioner was summoned for an inquiry in terms of section 13(1) of the
Consumer Affairs Authority Act, No. 9 of 2003, and an order (P23) was made in
terms of secti
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