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Gujarat High Court Dismisses Writ Petition Challenging National Commission Order in Medical Insurance Claim Dispute. Policy Exclusion Clause for Pre-Existing Disease Upheld as Complainant Failed to Disclose Medical History.

The petitioner, Gunvantbhai Bhogilal Shah, along with his wife, availed a Group Medical Insurance Scheme from United India Insurance Co. Ltd. (respond...

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RFIRST APPEAL NO. 3732 of 2023

The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limite...

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Bombay High Court Examines Legality of Maharashtra Electricity Regulatory Commission’s Distribution Open Access Regulations. Challenge Concerns Alleged Jurisdictional Overreach Curtailing Consumers’ Right to Access Power Exchange Under the Electricity Act, 2003.

The provided text is an incomplete extract of a judgment from the Bombay High Court in a set of writ petitions (WP Nos. 2694/2014, 2318/2014, 2294/201...

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Supreme Court Allows Consumer's Appeal in Real Estate Dispute, Setting Aside NCDRC Order and Granting Refund with Interest. The court upheld the consumer's right to terminate the agreement due to delay in possession and directed refund as per contractual terms under the Consumer Protection Act, 2019.

The dispute arose from a consumer complaint filed by the appellants before the National Consumer Disputes Redressal Commission (NCDRC) regarding delay...

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Supreme Court Allows Bank's Appeal, Holds Borrower of Project Loan Not a Consumer Under Consumer Protection Act, 1986. Loan availed for commercial purpose of film post-production excludes company from consumer definition under Section 2(1)(d)(ii).

The Supreme Court considered two appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 30.08.2023. The ap...

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Bombay High Court Dismisses Petition Challenging State Commission's Direction to Register Revision as Appeal in Consumer Dispute — Section 47(1)(b) of Consumer Protection Act, 2019 Does Not Permit Revision Against Final Order of District Commission; Appeal is the Appropriate Remedy.

The petitioner, Harish Ramesh Gawai, a director of Laxmi Swapnapurti Planners & Developers Private Limited, filed a writ petition in the Bombay High C...

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Supreme Court Allows Appeal in Insurance Claim Case — Delay in Intimation Not a Breach of Policy Condition. Notice Given Next Day After Night Accident Satisfies 'Immediate' Requirement Under Policy Condition 1.

The appellant, Kamlesh, owned a truck that was damaged in a fire accident occurring in the night intervening 1st and 2nd June 2009. He raised an insur...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Supreme Court Allows Consumer Appeal in Motor Insurance Claim — National Commission Exceeded Revisional Jurisdiction by Interfering with Concurrent Findings of Fact. Condition No. 4 of Insurance Policy Cannot Be Applied to Deny Claim When Vehicle Left Unattended Due to Justifiable Emergency.

The appellant, Rajesh Kumar, owned a car insured by the National Insurance Co. Ltd. under a Private Car Insurance Policy with an Insured Declared Valu...