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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 8 of about 101 results (0.043 seconds)

May 20 2013 (TRI)

Sahdeo Ram Vs. State Bank of India Through Its Branch Manager

Court : National Consumer Disputes Redressal Commission NCDRC

..... but when he defaulted in repayment of further loan installments, it stopped to insure the questioned tractor and trolley. as per settled law position, the terms and conditions of the contract are binding on the respondent/complainant so if the appellant bank did not insure the questioned tractor and trolley then it can not be held to have committed deficiency in ..... which was never been done by it nor it was conveyed to the petitioner. thus, there was severe lapse on the part of the respondent, which amounts to breach of contract and deficiency in service. 9. the state commission in the impugned order observed ; the only question to be decided is whether the appellant bank was deficient in providing banking service .....

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Mar 13 2013 (TRI)

Worldwide Immigration Consultancy Services Limited and Another Vs. Par ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... terms of contract with the complainant. the contention of the learned counsel for the appellant that wwics canada was a necessary party and the amount purported to have been paid to them could ..... for signing the said agreement. otherwise also, obtaining the signatures of the complainant on documents purported to be with some other company in canada would not make it a valid contract between the parties firstly in the absence of the intention of the complainant to enter into an agreement with them and secondly in absence of their representative to settle the ..... from the categorical finding of the fora below. a perusal of contract of engagement signed between the parties on 24.11.2000 shows that clause 5 (j) did not spell out passing of ilets as a requirement. the clause merely reads as ..... para 13 f of the revision petition, the main contention raised is that the requirement of english language was conveyed to the complainant as per clause 5 (j) of the contract of engagement with the wwics. the respondent failed to appear before ilets examination, which resulted in rejection of his visa application. this is nothing more than an attempt to detract .....

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Feb 16 2012 (TRI)

Kaushalendra Kumar Mishra Vs. the Oriental Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... use of the vehicle without registration was a matter to be dealt under the motor vehicles act, but the insurer and the insured are bound by the terms of the contract between them. in the absence of a specific condition in the policy that if the owner does not get the vehicle registered within a period of seven days of its .....

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May 27 2014 (TRI)

The Managing Director/Chairman Indian Airlines / Air India National Av ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... and social status of the complainant and of the airlines. on the other hand, learned counsel for the petitioner has drawn our attention towards clause 1a of the conditions of contract relating to non-international carriage according to which, in case of injury to a passenger, passenger was entitled to get rs.750/- per day during the period he remained disabled .....

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Jan 22 2014 (TRI)

National Insurance Co. Ltd. Vs. Vinod Puri and Another

Court : National Consumer Disputes Redressal Commission NCDRC

..... the foras below, in violation of the above noted position of law laid down by the supreme court have expanded the scope of the insurance contract on the basis of presumption and assumption which is not permissible. thus, in our view, both the foras below have exceeded their jurisdiction while allowing ..... intended to be covered by the insurance policy and on this premise, district forum has allowed the complaint. on perusal of the copy of insurance contract which is placed on record, it is clear that plant, machinery and accessories as also the stock of rubbers for retreading situated at shop at ..... uberimmafides i.e. good faith on the part of the insured. except that, in other respects, there is no difference between a contract of insurance and any other contract. the four essentials of a contract of insurance are, (i) the definition of the risk, (ii) the duration of the risk, (iii) the premium and ..... outside aid for construction of insurance policy is impermissible.? 9. on reading of the above, it is clear that an insurance contract has to be construed like any other contract on the basis of its terms and conditions and outside aid for construction of insurance policy is impermissible. 10. insurance policy clearly ..... the extent of liability of the insurer. the endeavour of the court must always be to interpret the words in which the contract is expressed by the parties. the court while construing the terms of policy is not expected to venture into extra liberalism that may result in .....

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Oct 03 2012 (TRI)

Union of India, Through the Chairman, Railway Board, Rail Bhawan, New ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... an unwanted pregnancy, it can be terminated and this is legal and permissible under the medical termination of pregnancy act, 1971. so also, the surgeon cannot be held liable in contract unless the plaintiff alleges and proves that the surgeon had assured 100% exclusion of pregnancy after the surgery and it was only on the basis of such assurance that the ..... plaintiff was persuaded to undergo surgery. ordinarily a surgeon does not offer such guarantee. where a doctor contracted to carry out a particular operation on a patient and particular result was expected, the court would imply into the contract between the doctor and the patient a term that the operation would be carried out with reasonable care and skill .....

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May 10 2012 (TRI)

Bajaj Alianz General Insurance Co. Ltd. Vs. Mehfooz Mirza

Court : National Consumer Disputes Redressal Commission NCDRC

..... repair of the vehicle. however, petitioner repudiated the claim of the respondent on the ground that the cheque issued by the respondent was dishonoured and there was no privity of contract between the petitioner and the respondent. respondent, being aggrieved, filed the complaint before the district forum. district forum dismissed the complaint holding that no ..... contract of insurance had come into existence as the cheque issued by the respondent had been dishonoured. that there was no privity of contract between the parties. respondent, being aggrieved, filed the appeal before the state commission. state commission allowed the appeal by .....

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May 23 2014 (TRI)

M/S. Emirates (Airlines) Vs. Raj Kumar Sharma

Court : National Consumer Disputes Redressal Commission NCDRC

..... , while allowing complaint, rs. 5,00,000/- were allowed as compensation in favour of the complainant. 2. brief facts of the case are that complainant/respondent was working under a contract of employment with central hospital, benwalid, libya and was getting salary of rs.65,000/- approx. in november, 1989, on account of his mothers ailment he came to india on .....

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Sep 03 2013 (TRI)

New India Assurance Co. Ltd. Through Its Manager Vs. Mohinder Kaur Wid ...

Court : National Consumer Disputes Redressal Commission NCDRC

k.s. chaudhari, presiding member this revision petition has been filed by the petitioner/op against the order dated 07.02.2008 passed by the punjab state consumer disputes redressal commission, chandigarh (in short, the state commission) in appeal no. 1077/2002 m/s. the new india assurance co. ltd. vs. mohinder kaur by which, while allowing appeal partly, order of district forum allowing complaint was modified. 2. brief facts of the case are that complainant/respondents husband mohan singh obtained medi-claim insurance policy from the op/petitioner on 24.10.2000 for a period of one year for a sum of rs.1,00,000/-. during the subsistence of the insurance policy, mohinder singh developed brain tumor and spent more than rs.1,20,000/- on his treatment and ultimately died on 06.11.2001. mohan singh during his life time approached op for reimbursement of medical expenses, but to no effect. later on, complainant filed complaint before district forum alleging deficiency on the part of op. op resisted complaint and submitted that deceased mohan singh did not disclose that he was suffering from aforesaid disease and in such circumstances, was not entitled to reimbursement of the medical expenses and claim was rightly repudiated by letter dated 31.3.2002 and prayed for dismissal of complaint. learned district forum after hearing both the parties, allowed complaint and directed op to pay rs.1,00,000/- along with 18% p.a. interest and awarded cost of rs.2500/-. appeal filed by the .....

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Jul 26 2013 (TRI)

M/S. Raviraj Abhinandan Associates Millenium Star and Others Vs. Mrs. ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... of rs.6,57,000/- from the complainant in terms of the construction linked schedule of payment. the petitioners, however, claimed that as per the agreement they could cancel the contract, however, they were ready to deliver possession of the flat to the complainant within next 18 to 24 months without asking for escalation of price provided the complainant was ready .....

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