Skip to main content

National commission rejects medical shop's plea.

The National Consumer Disputes Redressal Commission dismissed a revision petition filed by medical stores company against an order of state commission directing the insurance company to pay only Rs one lakh compensation.

The complainant was running a medicine store which was taken on rent by another person. The complainant obtained "Shopkeepers Insurance Policy" from the insurance company for a sum of Rs 5.10 lakh for a period commencing from March 2006 to March 2007. The shop was demolished by the Municipal Corporation, in June 2006 with the help of bull dozer and JCB without any prior notice to the complainant on the ground of unauthorized occupation of the premises.

In spite of injunction from the court, the entire shop along with goods and furniture and fixture was destroyed. The complainant alleged that due to malicious act on the part of Municipal Corporation, he sustained loss of Rs 4.85 lakh. The complainant filed claim before the company which was repudiated.

Alleging deficiency on the part of OP (opposite party), the complainant filed complaint before District Forum. The OP contested the complaint and submitted that complaint was beyond the scope of policy as loss was caused due to action initiated by the public authority and submitted that claim was rightly repudiated and prayed for dismissal of complaint. The District Forum, allowed the complaint and directed the OP to pay a sum of Rs 4.85 lakh along with compensation of Rs 5,000. An appeal filed by the OP was partly allowed by the State Commission which reduced the amount of compensation from to Rs one lakh against which, the revision petition has been filed.

The commission, however, said that there was no illegality, irregularity or jurisdictional error in the order and the revision petition is liable to be dismissed.

Article referred: http://articles.timesofindia.indiatimes.com/2013-12-18/mumbai/45336181_1_medical-shop-district-forum-complaint

Comments

Post a Comment

Most viewed this month

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more