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Apr 24 2014 (TRI)

Unison Pharmaceuticals, Through V.K. Uppal Vs. National Insurance Comp ...

Court : SCDRC

Sham Sunder (Retd.), President: 1. This appeal is directed against the order dated 15.01.2014, rendered by the District Consumer Disputes Redressal Forum-I, UT, Chandigarh (hereinafter to be called as the District Forum only) vide which, it dismissed the complaint, filed by the complainant (now appellant). 2. The facts, in brief, are that the complainant got insured its factory, as well as the material lying in the same, from Opposite Party No.1, through Opposite Party No.2, for the period from 06.04.2010 to 05.04.2011, vide Insurance Policy No.400100/46/10/ 7500000005, for the Insured Declared Value, to the tune of Rs.3,98,00,000/-, on payment of premium of Rs.19,943/- It was stated that the theft/burglary took place, in the factory premises of the complainant, on the night intervening 29/30.10.2010. Locks, on the first floor of the premises were found broken. Intimation, in this regard, was given to the Police, on 30.10.2010. Intimation to Opposite Party No.2, was also given, on the ...

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Apr 23 2014 (TRI)

Natvar Parikh Industries Ltd. Vs. National Insutrance Co. Ltd.

Court : SCDRC

Narendra Kawde, Member: 1. Complainant is a Company engaged in business of handling, transporting, contracting, hiring, leasing, warehousing of containers and also operators, hirers, manufacturers, dealers and assemblers etc. The Company had given on Charter the dumb barge N.P. Sushila and the motor tug N.K. Enakshi to M/s. Dolphin Offshore Enterprises (India) Ltd., for a period 19th July, 2005 to 23rd August, 2005. Both vessels had made several voyages till April, 1st 2006 when given on charter. Said dumb barge on its voyage from Bhavnagar Port to ONGC Platform at Mumbai High on 1st April, 2006 with bulk cement of cargo capsized at about 06.00 a.m. on 2nd April, 2006 in the mid-sea. The Complainant Company availed Marine Hull Policy No.250600/22/05/41000040 for a period 06.08.2005 to 05.08.2006 to provide insurance cover for hull and machinery for Rs.49,50,000/- with additional coverage for P and I cover for Rs.50,50,000/-. The incident of capsizing the barge was duly intimated to the...

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Apr 23 2014 (TRI)

Niraj Kumar Sehgal Vs. the Oriental Insurance Company Ltd. and Others

Court : SCDRC

Sham Sunder (Retd.), President: 1. This appeal is directed against the order dated 11.03.2014, rendered by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (hereinafter to be called as the District Forum only), vide which, it accepted the complaint, filed by the complainant (now appellant) and directed the Opposite Parties (now respondents), as under:- œThe complaint is allowed accordingly. The Opposite Parties, jointly and severally, are directed as under:- (i). to pay the sum of Rs.21,503.12/- as assessed by the surveyor in his report (R1-4/B); minus the benefit of no claim bonus given to the complainant. (ii). to pay Rs.7,000/- as compensation for deficiency in service and causing harassment to the complainant. (iii). to pay Rs.7,000/- as litigation expenses. This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No. (i) and (ii) above shall carry interest @12% per a...

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Apr 22 2014 (TRI)

Radhakrishna Co-operative Housing Society Through Its President Vs. Vi ...

Court : SCDRC

B.A. Shaikh, Presiding Member: 1. This appeal is preferred against order dtd.08.05.2007 passed by District Forum, Nagpur in consumer complaint bearing No.CC/06/442 by which the complaint has been partly allowed. 2. The case of the complainant as set out in the complaint in brief is that he entered into an agreement of sale of Plot No.1 of Somalwada with the opposite party (for short œthe O.P.?) No.1 for a consideration of Rs.1,10,000/-. The agreement of sale was reduced into writing on 08.06.1992 which was signed by O.P.Nos. 1 and 2 being the President and the Member of society namely Radhakrishna Co-operative Housing Society (for short œthe society?). The complainant paid part of consideration of Rs.25,000/- and remaining amount was to be paid to O.P.No.1 at the time of registration of sale-deed. The complainant was ready to pay the same to O.P.No.1. But it avoided to receive the same. The complainant made application to Nagpur Improvement Trust (for short NIT) which is jo...

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Apr 21 2014 (TRI)

The Oriental Insurance Company Limited Vs. Kanti Prasad and Others

Court : SCDRC

R.S. Sharma, President: 1. This appeal has been filed being aggrieved by the order dated 29.04.2013, passed by District Consumer Disputes Redressal Forum, Surguja, Ambikapur (C.G.) (henceforth "District Forum"), in Complaint Case No.136/2011. By the impugned order, the District Forum, has allowed the complaint of the respondent Nos.1 to 5/complainants and directed the appellant/O.P.No.1 to pay sum of Rs.5,00,000/- to the respondent Nos.1 to 5/complainants along with interest @ 6% p.a. from the date of filing of the complaint 14.09.2011 and also awarded Rs.1,000/- as cost of litigation and advocate fee to the respondent Nos.1 to 5/complainants. 2. The facts of the complaint filed before the District Forum are : that Late Subran was father of the respondent Nos.1 to 3 and son of respondent No.4 and 5. Subran was an employee of S.E.C.L. and he was insured with appellant/O.P.No.1 through his employer O.P.No.2 and 3/S.E.C.L. The insurance was effective for the period from 16.10.1999 to 15.1...

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Apr 17 2014 (TRI)

Syed Zakeer Vs. Shriram Transport Finance Co. Ltd. and Another

Court : SCDRC

R. LakshmiNarasimha Rao, Member The unsuccessful complainant is the appellant. The appeal is directed against the order dated 17-4-2013 passed by the District Forum in C.C.No.59/2012. The case of the appellant as seen from the averments of the complaint is that the complainant is engaged in transport business and he availed loan to the extent of Rs.5,50,000/- on 29-12-2009 from the respondents for the purpose of purchasing Lorry bearing registration number AP01-V-1570. Further, it is the case of the appellant that the respondents assured him that the rate of interest on the loan amount is 7% p.a. and believing the version of the first respondent, he signed the loan agreement and several other documents. The respondents furnished repayment schedule after the appellant paid the 1st installment and the appellant came to know that the respondents charged excessive rate of interest. The appellant submitted that he paid an amount of Rs.4,81,534/- and the respondents had not issued receipt fo...

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Apr 17 2014 (TRI)

M/S. Uniroyal Industries Limited. Vs. Export Credit Guarantee Corporat ...

Court : SCDRC

Sham Sunder (Retd.), President: 1. This appeal is directed against the order dated 16.12.2013, rendered by the District Consumer Disputes Redressal Forum-I, UT, Chandigarh (hereinafter to be called as the District Forum only) vide which, it dismissed the complaint, filed by the complainant (now appellant). 2. The facts, in brief, are that the complainant, with a view to secure the payment of any shipment, from its buyers, if got blocked, delayed or lost, due to commercial and political risks, availed of the services of the Opposite Party, and submitted proposal dated 15.09.2010, alongwith a cheque of premium. The Opposite Party, issued Insurance Policy No.SCR 0320000430, on 21.10.2010, for the period from 20.09.2010 to 30.09.2012, for the maximum limit of Rs.1 Crore, with a condition of monthly declaration of shipments, and due dates of payment of the same. After obtaining the said Policy, the complainant declared and submitted the monthly shipments, vide letters Annexures C-5 to C-8, ...

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Apr 11 2014 (TRI)

Ajijur Rehman Firoz Ahmad Shaikh and Another Vs. Tara Gulab Gupta and ...

Court : SCDRC

Usha S. Thakare, Presiding Judicial Member: 1. Both these appeals are listed before me for hearing as per order passed by Honble Justice Mr.R.C. Chavan, President of this Commission in view of provisions of Section 16(1-B)(iii) of Consumer Protection Act, 1986 since there is difference of opinion between two Members who had heard both these appeals. 2. By the order under challenge, Learned District Forum has partly allowed the complaint bearing No.527/2006. Opponent-Ajijur Rehman Firoz Ahmad Shaikh is directed to pay an amount of Rs.1,22,500/- to the complainant towards medical bills of treatment. He was further directed to pay an amount of Rs.10,000/- towards mental pain and agony and amount of Rs.2,000/- towards cost of the litigation. 3. Being aggrieved by the judgement and order dated 06/03/2010 passed by District Forum, Thane in consumer complaint No.527/2006, appellant/original opponent-Ajijur Rehman Firoz Ahmad Shaikh has preferred appeal bearing No.390/2010. Being dissatisfied ...

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Apr 10 2014 (TRI)

Mohd. Irshad Vs. United India Insurance Company Limited, Through Divis ...

Court : SCDRC

B.C. Kandpal, President: 1. This appeal, under Section 15 of the Consumer Protection Act, 1986, is directed by the complainant against the order dated 24.08.2012 passed by the District Forum, Nainital in consumer complaint No. 115 of 2010, whereby the District Forum has dismissed the consumer complaint filed by the complainant. 2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant “ Mohd. Irshad was the registered owner of Tata Indica car No. UA04-D-8686. The said vehicle was insured with the opposite party “ United India Insurance Company Limited for the period from 15.01.2010 to 14.01.2011. On 21.01.2010, the insured vehicle met with an accident at Pangoot “ Kilbary Road, Nainital and got damaged to the extent of 75%. The complainant lodged the claim with the insurance company and completed all the formalities. The insurance company, however, vide their letter dated 07.07.2010 repudiated the claim of the complainan...

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Apr 07 2014 (TRI)

M/S Baba Loknath Ice Factory of Vill âandeuro;andldquo; Piragachha, K ...

Court : SCDRC

Debasis Bhattacharya, Member. This appeal is directed against the order dated 12.10.2012 passed by the Ld. District Forum, North 24 Parganas in Case No. 323/2010, by which the complaint case has been allowed in part on contest against the contesting OPs but without any cost on the ground that there is no deficiency in service on the part of the OPs, who have been directed to take such steps for checking the meter of the Complainants factory to satisfy the Complainant that the meter in dispute is not defective and if its found defective in that case OPs shall have to re-assess the consumption bill and shall have to re-issue fresh bill but if it would be found the meter is not defective after examination in that case OPs shall have to follow the rules for realization of the arrear bill from the Complainant. But, all other reliefs have been refused on the ground that this Forum has no jurisdiction to decide such matter when State Electricity Regulatory commission has assessed the tariff. ...

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