Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Finance company Consumer Protection Act Finance Company to pay compensation 1986 Insurance for loan payments Deficiency in service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Deficiency in service – Complainant-appellant’s husband took personal loan from the Finance Company and Finance Company secured the loan by issuance of an insurance policy by its sister concern – Payment of insurance policy premium by the complainant’s husband and Finance Company received a Demand Draft for the same – Thereafter, death of complainant’s husband – Issuance of notice by Finance Company to complainant for payment of the loan instalments – Legal notice by complainant to the Finance Company to recover the loan through the insurance policy – However, Finance Company denied having received the premium amount and that the amount was deducted from the loan amount towards processing fee and stamp charges – Consumer complaint by appellant alleging deficiency in service – Allowed by the District Forum as also State Commission, however, set aside by the National Commission – On appeal, held: Husband of the appellant had paid the insurance premium by a Demand Draft in favour of the Insurance Company – Finance Company in the revision petition filed before the National Commission, itself admitted that it had received the Demand Draft from the complainant’s husband towards payment of the insurance premium; and that it had deducted an amount towards processing of the loan, and payment of stamp charges – Finance Company however delayed in forwarding the amount to the Insurance Company for obtaining the insurance policy – Thus, there was a clear deficiency of service by the Finance Company – Furthermore, the risk would be covered from the date of payment of the insurance premium – Loan was secured from the date on which the insurance premium was paid – Premium having been paid by the appellant’s husband during his life-time, the loan was to be adjusted from the insurance policy – In view thereof, order passed by the National Commission set aside – Finance Company to pay compensation and costs to appellant – Insurance Act, 1938 – s. 64VB (2). s. 21 (b) – Revisional jurisdiction – Exercise of, by the National Commission – Held: Revisional jurisdiction of the National Commission is a limited jurisdiction, to be exercised in case the State Commission lacked jurisdiction, or acted with illegality or material irregularity. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2019 INSC 540 |
Petitioner | Ashatai W/o Anand Duparte |
Respondent | Shriram City Union Finance Ltd. |
SCR | [2019] 6 S.C.R. 58 |
Judgement Date | 2019-04-16 |
Case Number | 3962 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |