Topic

First Appeal

6 articlesLatest 0 month ago
Insurer Liable for Deficiency in Service for Failing to Inform Non-Renewal | Section 12 CPA 1986 : Punjab CDRC
Case Law Analysis

Insurer Liable for Deficiency in Service for Failing to Inform Non-Renewal | Section 12 CPA 1986 : Punjab CDRC

The Punjab State Consumer Disputes Redressal Commission held that an insurer’s refund of premium without informing the insured constitutes a deficiency in service under Section 12 of the CPA 1986, leaving the policyholder uninsured at the time of loss. It affirmed compensation of ₹9 lakh with 8% interest, ₹2 lakh for mental agony and ₹21,000 costs, affecting policyholders who rely on timely renewal notices.

Section 96 CPC | First Appeal Must Decide All Issues Raised : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 96 CPC | First Appeal Must Decide All Issues Raised : Punjab & Haryana HC

The Punjab & Haryana High Court ruled that a first appeal under Section 96 of the CPC cannot be limited to selected questions; the appellate court must adjudicate every point contested in the lower decree. This ensures comprehensive review and prevents piecemeal litigation in property disputes. Parties to first appeals must now raise all grievances at the appellate stage.

Refusal to Pay Legitimate Health Claim Constitutes Service Deficiency under CPA 2019; Compensation for Mental Agony Awarded with Interest | Health Insurance Claim : Tripura SCDRC
Case Law Analysis

Refusal to Pay Legitimate Health Claim Constitutes Service Deficiency under CPA 2019; Compensation for Mental Agony Awarded with Interest | Health Insurance Claim : Tripura SCDRC

An insurer’s denial of a valid medical claim was deemed a deficiency of service under the Consumer Protection Act, 2019, prompting the Tripura State Consumer Disputes Redressal Commission to order compensation for mental agony with statutory interest. Policyholders can now claim mental-agony damages when insurers unjustifiably reject claims.