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Home CIVIL Consumer Protection Act

Insurance – Refusal of claim on flimsy grounds and/or technical grounds

by PLRonline
August 21, 2022
in Consumer Protection Act, Insurance
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Insurance –  Settlement of claims  –  Insurance companies are refusing the claims on flimsy grounds and/or technical grounds – While settling the claims, the insurance company should not be too technical and ask for the documents, which the insured is not in a position to produce due to circumstances beyond his control – Once, there was a valid insurance on payment of premium and the vehicle was stolen, the insurance company ought not to have become too technical and ought not to have refused to settle the claim on non-submission of the duplicate certified copy of certificate of registration, which the appellant could not produce due to the circumstances beyond his control – Non-settlement of claim can be said to be deficiency in service – Consumer Protection Act, 1986.

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PLRonline 483574

Tags: CPA - Insuranceinsurance
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CPC O. 47 R. 1 – – Application for review can be maintained on the strength of discovery of new and important matter or evidence which, after exercise of due diligence, was not within the knowledge of the party or could not be produced by it at the time the judgment or order was passed; or on account of some mistake or error apparent on the face of record; or for any other sufficient reason – A review application is not the means for a party to improve its case by belatedly producing material that was available with it all along.

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