AI Overview...
- Misrepresentation by Agent - Several sources highlight instances where LIC or insurance agents engaged in misrepresentation, leading to legal disputes. For example, in Dr. Dattaram Bhaskar Dessai vs Life Insurance Corporation - Consumer State, the Appellants alleged that the LIC agent misrepresented the 'Jeevan Saral Policy', which was a key issue in their claim. Similarly, JUNIOR TELECOM ENGINEER, KUNKURI VS GANGA RAM SAHU - Consumer discusses how the responsibility of agents in making false representations affects the liability of the principal insurance company under Section 238 of the Indian Contract Act. The courts often scrutinize whether the agent's misrepresentation was within their authority and whether the principal is liable for such acts. M/S. LIFE INSURANCE CORPORATION & ANR. vs RANI DEVI - Consumer National notes that claims were repudiated on grounds of misrepresentation, but the insurer failed to establish fraud, indicating that misrepresentation does not always equate to fraud. Additionally, Rajinder Singh Malik VS Sr. Branch Manager L. I. C. of India - Consumer describes how agents' mischief and lack of transparency in proposal forms contributed to deficiency in service claims. Kishori Prosad Bhakat VS Secretary of State - Calcutta emphasizes that courts consider whether the agent's knowledge and actions influenced the contract, affecting the outcome. - Analysis and Conclusion - The main insight is that misrepresentation by agents, especially in insurance contexts, can lead to contract rescission or claim rejection. Liability of the principal (insurance company) depends on whether the agent acted within their authority and whether the misrepresentation was material or fraudulent. Courts differentiate between innocent misrepresentation and fraudulent acts, often requiring proof of dishonesty for establishing fraud. Proper due diligence and clear communication are crucial to prevent liability and protect consumers from agent misconduct.
Search Results for "Misrepresentation by Agent"
2025 Supreme(Online)(SCDRC) 262 • India - State Consumer Disputes Redressal Commission
Adv. Ms. Rachna Anna Maria Gonsalves, Member
They alleged misrepresentation by the LIC agent. ... ... ... Issues: The main issues included whether there was misrepresentation by the LIC agent and whether the Appellants were misled ... 1999 - Consumer Protection Act, 2019 - The Appellants claimed deficiency in service regarding the 'Jeevan Saral Policy', alleging misrepresentation ... That the agent Ms. ... The agent then suggested a plan known as ‘Jeevan Saral Policy” for the amount of Rs.10,00,000/- for Compl....
• India - Current Civil Cases
JAYANT PATEL, R.M.CHHAYA
(Para 15) ... (iii) Contract Act, 1872—Section 238—Misrepresentation ... by agent—Relationship of agent and principal is also in fiduciary capacity of a trust reposed by principal in agent— Principal can ... repudiate transaction if case shows that either any material fact has been dishonestly concealed by agents or that dealings of agent ... Effect, on agreement, of misrepresentation or fraud by agent. ... ... The aforesaid shows that misrepresentation#H....
1937 0 Supreme(Cal) 78 • India - Calcutta
R. C. MITTER, M. C. GHOSE
Ratio Decidendi: The court's decision was based on the misrepresentation by defendant 2, the knowledge of the bond terms by ... Issues: The issues involved misrepresentation, undue influence, and compliance with public policy in the contract of indemnity ... The court discussed the measure of damages and the implied warranty by the professing agent. ... Both the Courts below have negatived the case of misrepresentation and undue influence. ... The common defence was that the bond was taken by undue influence and #HL_ST....
2024 0 Supreme(Cal) 218 • India - Calcutta
SUGATO MAJUMDAR
Ratio Decidendi: The court held that the Plaintiff's misrepresentation as an agent of foreign companies led ... Sales of Goods Act 1930 - The court found that the contract between the parties was terminated by the Defendant on the ground of misrepresentation ... of the Court: The court found that the Defendant had rightly rescinded the contract as it was vitiated by misrepresentation ... The issue, therefore, is whether this representation is tantamount to misrepresentation or innocent misrep....
• India - Consumer
V.K.AGRAWAL, R.S.AWASTHI, VEENA MISRA
238 of the Indian Contract Act] - The court discussed the provisions of Section 238 of the Indian Contract Act, which states that misrepresentation ... Ratio Decidendi: The court held that the appellants were responsible for the deficiency in service by their agent, the STD ... However, misrepresentations made or frauds committed by agents in matters which do not fall within their authority do not affect ... It may thus be noticed that as per Section 238 of the Indian Contract Act if misrepresentation of fraud is commit....
2020 Supreme(Online)(NCDRC) 765 • India - National Consumer Disputes Redressal Commission
R.K. AGRAWAL, PRESIDENT, DR. S.M. KANTIKAR, MEMBER
(A) Consumer Protection Act, 1986 - Section 21(b) - Life Insurance Policy - Claim repudiated on grounds of misrepresentation - The ... proposals leading to rejection of claims - The court found no merit in the insurer's claims of fraud as it revealed complicity in misrepresentation ... by the same agent for submissions made on the same day - The insurance corporation failed to perform due diligence in verifying ... The Life Insurance Corporation had repudiated the claim of the Complainant/ Respondent herein on the ground that the 20 polic....
2020 Supreme(Online)(NCDRC) 1131 • India - National Consumer Disputes Redressal Commission
V.K. JAIN, PRESIDING MEMBER
Insurance Act, 1938 reads as follows:40A. (1) No person shall pay or contract to pay to an insurance agent, and no insurance agent shall receive or contract to receive by way of commission or remuneration in any form in respect of any policy of life insurance issued
• India - Consumer
S.M.KANTIKAR
Consumer Protection Act, 1986—Sections 15, 17, 19 and 21—Insurance—Fraud by LIC agent—OP refused to pay deposited amount under garb ... Policy and nothing was mentioned or clarified about annuity plan, except plan, ‘169-8’—There was deficiency on part of LIC and their agent—Complainant ... words of the agent, therefore, after the term of the policy, he do not want to receive money as Annuity Plan. ... In my view, certainly, it was a mischief played by the agent of the OP. The proposal form is also devoid of details perta....
• India - Consumer
J.M.MALIK
Even in the District Forum, it acted as an agent of the main OP-1. The State Commission has rightly held:- ... “It is the normal procedure to appoint an Indian agent by such foreign Insurance Company in the matter, and the Appellant is such a person, who also provides surveying. ... He contended that he is not an agent of Insurance Policy. ... 6. All these arguments are bereft of force. The main thing is that the OP-1 as arrayed before the District Forum, appeared before the District Forum.
• India - Consumer
SUNIL KUMAR GARG, T.P.GUPTA
Co. to prove that a collusion and connivance had taken place—Whether insurance company could be held liable for act or fraud or misrepresentation ... done by its agent—Agent was having authority to issue cover note and he acted within scope of his authority—A principal is liable ... that location of loss was in corporated by fabrication and policy had not been issued for said location—Cover note issued by the agent ... ... Misrepresentation or fraud by agent ... 29. ... The applicat....
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