T’puram: In an assessment that has consequences that reach out, Kerala State Consumer Disputes, the negotiating commission has perfected the right to maintain a petition that challenges unfair contract terms for consumers.
Considering the petition submitted by United India insurance which challenges the maintenance of the application by a family of fishermen who died in Kollam, President of Justice Commission K Surendra Mohan reign that in accordance with Section 47 and 2 (4) of the 2019 consumer protection law, the Commission can maintain complaints against the ‘unfair’ contract.
The basis of the request is the case submitted by Jessy Malar, wife of Awir Charles, looking for compensation for the infinite death of her husband.
Charles and the other three ventured to the Arabian sea for fishing at 5 am on October 17, 2019 from Kollam Harbor.
At 3 pm, there was a heavy thunder and flashed close to the ship and Charles fainted.
He was taken to Benziger Hospital at 4:30 p.m.
where he was declared dead.
Charles was borne by the group insurance policy issued by United India insurance together with Matyafed.
When the family tried to claim the insurance of Rs 10 Lakh, the company refused on the land that Charles died of a heart attack.
In accordance with the insurance contract, ‘deaths due to natural causes and diseases, including a heart attack’ will not come under its coverage.
However, Jessy argued that the policy provisions were governed by Matsyafed and he did not have a role in it.
He said the condition that the insured was not borne because of death due to natural causes and diseases, including a heart attack ‘is an unacceptable term, responsible for being set aside by the Commission if it uses its strength under Section 49 (2) Consumer Protection Act (2019) .
Citing the APEX court order in 2006, an insurance advisor argues that prayer to state the term insurance policy as null and canceled in unfair land, contrary to the existence of policy and cannot be maintained.
The elimination of the clause will be illegal and produces policy collapse.
Advice also shows that the term sought to be set aside by a complainant is not an unfair condition.
The Commission rejects the argument cannot be maintained and says it has the power to entertain such complaints, against ‘unfair agreement conditions’, in accordance with the provisions of the new laws authorized by parliament in 2019.
Unfair contract conditions can be challenged: consumer recovery panel
