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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 2 of about 101 results (0.028 seconds)

Apr 02 2014 (TRI)

The Chief Post Master General, Odisha Circle, at/Po-pmg Square, Bhuban ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... . 3. the consumer complaint was contested by the petitioners stating that the maturity value as admissible was paid to the insured and there has not been any violation of the contract. however, there was some error in the calculation of the premium while conversion of wla policy to endowment policy. 4. the district forum allowed the complaint and held the petitioners .....

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Oct 29 2013 (TRI)

N. Manohar Reddy Vs. Happy Farm and Resorts and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... and conspectus of the provisions of the act we think that the contention is not well founded. the parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure, i.e., to avail of right of civil action in a competent court of .....

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Oct 10 2013 (TRI)

New India Assurance Company Ltd., Through Manager Vs. Manish Abhay Bed ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... the question as to whether the cancellation was valid or not. the jurisdiction of the consumer fora can only be invoked if there is a privity of contract. once there is no privity of contract, the complainant is not a consumer and therefore, the complaint itself was not maintainable. * the complainant, if aggrieved, could have challenged the cancellation of the policy, if ..... of the petitioner company. * once the policy was cancelled, the question of payment of claim does not arise. the complaint itself was not maintainable as there was no privity of contract between the complainant and the petitioner company. the complainant in any case was not entitled to challenge the cancellation in any manner as she was not privity to the ..... contract. the cancellation having been not challenged by the insured could not have been challenged by the complainant. * the state commission erred in recording the finding that the letter refunding the ..... laxmi narain dhut iii (2007) cpj 13 (sc) = iv (2007) slt 102 = ii (200and) acc 28 (sc) has held that the policy is a contract between the parties and both the parties are bound by terms of contract?. in the case of nand kumari and ors vs oriental insurance co. ltd., - i (2012) cpj 357 (nc), the national commission has held that .....

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Apr 12 2012 (TRI)

Union of India Through Post Master General in Karnataka Police Thimmai ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... and conspectus of the provisions of the act we think that the contention is not well founded. the parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure,i.e., to avail of right of civil action in a competent court of .....

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May 30 2013 (TRI)

Sandeep Suresh Yeolekar and Another Vs. Sow Snehalata and Another

Court : National Consumer Disputes Redressal Commission NCDRC

..... it was denied in case of the builder who claimed 18% penal interest from the complainant towards the balance amount to be received from the complainants for specific performance of contract. - along with the revision petition, there is an application for condonation of delay. in the application, nowhere are the number of days to be condoned mentioned. as per the office ..... local market, therefore, the builder has lost his good will and reputation in the entire city and for that purposes only, they have insisted and asked for specific performance of contract. they are ready to hand over the house and to execute final deed. in this back ground of the matter, the petitioners were justified in claiming that the plea of ..... for the revision petition are as follows: - the courts below ought to have considered that the legal notice was issued by the complainants only in respect of specific performance of contract. the petitioner builders too had agreed to hand over the physical possession of the row house informing that almost 90% of the construction work is over and minor finishing is .....

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May 23 2014 (TRI)

Pradeep Kumar Diwan and Another Vs. Gayatri Devi Chokhani and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... you and such act and conduct on your part have unequivocally proved and/or evidenced your deliberate act of non-performance of your part of contract tantamounting to total unwillingness to perform your part of obligations and thus your said act and conduct have irresistibly proved that you have deliberately avoided ..... been cancelled and/or repudiated by the complainant himself. the complainant willfully and deliverately concealed and suppressed the said fact of repudiation of the alleged contract of his part and has lodged the above complaint on false, frivolous and misconceived grounds having no genuine cause of action to file the same. ..... and inside common portions of cement plasters and colors. the said flat and building had to be delivered within three months from the date of this contract. 3. the said flat was booked by the petitioners for use by themselves as well as by their family members. 4. the petitioners were ..... commerce, 32, chowringhee road, kolkata 71 and the cheque was cleared from the drawers a/c and as per the terms of the said contract, the balance consideration amount had to be paid by the purchasers on transfer and possession of the said flat as well as the said building in ..... state commission?) in first appeal no.161 of 2011. 2. the facts of the present case as per petitioners/complainants are that an agreement/contract was entered into between the land owners/vendors and developer and petitioners on 2.2.2006 for a self-contained flat on a total consideration of rs .....

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Nov 22 2012 (TRI)

M/S. Charan Homes Pvt. Ltd. and Another Vs. M.G. Jai Prakash Rai

Court : National Consumer Disputes Redressal Commission NCDRC

..... the view that under the agreement the ops have undertaken to built a flat for the complainant and to hand over possession executing the sale deed. therefore, it is a contract for rendering service and the complaint under the consumer protection act is maintainable. the next contention of the ops is that the agreement is sham colourable and not intended to ..... had agreed to sell the flat to the respondent and received a sum of rs.15 lakh from him towards the sale consideration. appellants could wriggle out of the written contract only on showing that the agreement had been got executed by the respondent either by playing a fraud or coercion or on mis-representation. neither any such plea nor any .....

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Oct 15 2012 (TRI)

Shankar Woolen Pvt. Ltd. Vs. National Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... for instance, the above principle will apply where the inequality of bargaining power is the result of the great disparity in the economic strength of the contracting parties. it will apply where the inequality is the result of circumstances, whether of the creation of the parties or not. it will apply to ..... principle is that the courts will not enforce and will, when called upon to do so, strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. it is difficult to give an exhaustive list of all bargains of ..... it will also apply where a man has no choice, or rather no meaningful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept as set of rules as part of the ..... contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rules may be. this principle, however, will not apply where the bargaining power of the contracting parties is equal or almost equal. this principle may not apply where ..... both parties are businessmen and the contract is a commercial transaction. in todays complex world of giant corporations with their vast infrastructural organizations and .....

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May 13 2014 (TRI)

World Wide Immigration Consultancy Services Ltd. and Another Vs. P. Je ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... act has been transgressed. it was not a case where such a view could have been taken, by setting aside the concurrent finding of two fora.? 15. as per the contract of engagement which is dated 29.1.2009 executed between the parties, amongst others the duties of the petitioner company are as under; 1. duties of the company: in consultation ..... incomplete documents, mainly the experience certificate which does not contain detailed job duties. further, petitioners never agreed to refund 50% of the fees. moreover, as per clause 10 of the contract it is clear that the services provided by the petitioner company being professional in nature, the entire fee is non-refundable. respondents case was rejected not due to deficiency on ..... will not cover a 100% guarantee of migration to canada, since sanction for migration is to be granted by the canadian authorities. respondent as per clause 2 (a) of the contract was required to submit the complete documents within 30 days from the date of signing the agreement. however, respondent in spite of the repeated requests failed to submit the complete .....

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Apr 23 2012 (TRI)

Vasant Shankar Toraskar and Others Vs. M/S. Shreeji Builders, Throâan ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... an association of two or more persons formed to carry out a single business enterprise for profit. more specifically, it is in association of persons with intent, by way of contract, express or implied, to engage in and carry out a single business venture for joint profit, for which purpose such persons combine their property, money, effects, skill, and knowledge, without ..... is governed by the law applicable to partnerships. a joint venture is to be distinguished from a relationship of independent contractor, the latter being one who, exercising an independent employment, contracts to do work according to his own methods and without being subject to the control of his employer except as to the result of the work, while a joint venture ..... to the owner or whether it is for construction and delivery of multiple apartments or more than one floor to the owner. the principle would be the same and the contract will be considered as one for house construction for consideration. the deciding factor is not the number of apartments deliverable to the landowner, but whether the agreement is in the ..... nature of a joint venture or whether the agreement is basically for construction of certain area for the landowner. [para 28] it is, however, true that where the contract is a true joint venture the scope of which has been pointed out in paras 21 to 25 above, the position will be different. in a true joint venture agreement .....

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