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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh state consumer disputes redressal commission scdrc shimla Year: 2011 Page 1 of about 4 results (0.031 seconds)

Oct 24 2011 (TRI)

The Sr. Divisional Manager, Life Insurance Corporation of India and An ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Decided on : Oct-24-2011

..... assured is bound to disclose the true facts in the proposal form as well as in the personal health statement given to the insurer at the time of entering into contract of insurance. since in the present case, during the investigation made by the investigator it was revealed that life assured had pre-medical history prior to the commencement of the ..... , (supra). para 22 of this judgment of the honble supreme court on the aspect of ??material fact is reproduced below:- ??the term ??material fact ? is not defined in the insurance act, 1938 and, therefore, it has been understood and explained by the courts in general terms to mean as any fact which would influence the judgment of a prudent insurer in ..... amounts to a clear deficiency of service/unfair trade practice on the part of the opposite parties. 3. in this background, present complaint under section 12 of the consumer protection act, 1986 was filed for deficiency of service/unfair trade practice on the part of the opposite parties, wherein direction had been sought for paying the assured sum of deceased-husband ..... copies have been attached with regard to the availing of medical leave and the disease from which the deceased was suffering. the provisions of evidence act are not applicable in the proceedings under the consumer protection act, 1986 in its letter and spiti whereas these documents have been supplied from the official custody of regional manager, hrtc, kullu vide annexure rw.3 .....

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Nov 17 2011 (TRI)

M/S. Surya Filling Station Vs. Drastic Reliable Works (Regd.) Chintpur ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Decided on : Nov-17-2011

..... was contested and resisted on behalf of the opposite party by filing their reply wherein it was contested by contended that there was no privity of contract between the parties. the complainant has suppressed material facts from this forum and she has not come with clean hands. it is also alleged by ..... by the complainant in the tiles. as such the complainant falls within the definition of consumer u/s 2 (1)(d) of the consumer protection act., 1986 and it cannot be termed as commercial transaction. as such there is no force in the plea of the counsel for the respondent that ..... ??12. in our view this submission also requires to be rejected because under the act, for summary or speedy trial, exhaustive procedure in conformity with the principles of natural justice is provided. therefore, merely because it is mentioned that commission ..... that can be decided in summary proceedings by the fora below. hence in view of the judgement of apex court given supra foras under consumer protection act, 1986 are legally competent to decide the question of law and facts in summary manner. the relevant portion of the judgement is quoted in extenso:- ..... replace the defective pavers at their costs on false and frivolous reasons. 4. in this background present complaint u/s 12 of the consumer protection act, 1986 was filed for deficiency of service on the part of op. the complainant has contended that there was a deficiency in services of the .....

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Oct 20 2011 (TRI)

The Life Insurance Corporation of India and Another Vs. Mrs. Usha Shar ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Decided on : Oct-20-2011

..... a prudent insurer in fixing the premium or determining whether he would like to accept the risk. any fact which goes to the root of the contract of insurance and has a bearing on the risk involved would be ??material ? . no other point was urged. in view of the aforesaid facts ..... judgment of the honble supreme court on the aspect of ??material fact is reproduced below:- ??the term ??material fact ? is not defined in the insurance act, 1938 and, therefore, it has been understood and explained by the courts in general terms to mean as any fact which would influence the judgment of ..... that the deceased concealed the fact relating to his drinking habit is not justified. legal position in the matters covered under section 45 of the insurance act, 1938 had been dealt in detail by the apex court in case titled as p.c. chako and another versus chairman life insurance corporation of ..... the complainant had submitted the papers to the opposite parties but the opposite parties had repudiated her claim on flimsy grounds and as such this act and conduct of the opposite parties amounts to deficiency of service and unfair trade practice on their part. in this background, present complaint under section ..... 12 of the consumer protection act, 1986 was filed for claiming the relief for getting the insurance of policy alongwith interest @ 15% per annum from the date of the death .....

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Oct 17 2011 (TRI)

National Insurance Company Ltd. Through Its Divisional Manager Vs. Kri ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Decided on : Oct-17-2011

..... .5.2009 pertaining to job card no.jc-satmo-md-0910-000517, copy of registration certificate of vehicle no. hp-01-k-1448, copy of insurance cover note alongwith carriage contract permit, pollution under control certificate, copy of the slip pertaining to payment of passenger and goods tax with effect from 1.4.2009 to 31.3.2010 amounting to rs ..... ., 2008, (supra) wherein it was held that the breach with respect to plying of the vehicle without permit is only a breach with respect to the provisions of motor vehicles act and it is not a breach of the terms and conditions of the policy and as such opposite party no.1 cannot legally repudiate the claim on this ground. this ..... is no breach of terms and conditions of the policy since the vehicle was being plied without fitness certificate which is only a breach of the provisions of motor vehicle act, 1988 and not a breach of the terms and conditions of the policy and only on this ground the claim cannot be repudiated since the forum below had rightly placed ..... such deficiency of service was alleged on the part of the opposite party no.1 by the complainant. in this background, present complaint under section 12 of the consumer protection act, 1986 was filed against the opposite parties wherein direction had been sought to the effect that opposite party no.1 be directed to pay a sum of rs.1,48 .....

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