Consumer Protection Act, 1986, Section 14(1)(f) -- Medical negligence - Physical and mental injury due to misleading advertisement, unfair trade practice and negligence of respondent - Compensation amount enhanced to Rs.15 lakhs payable to appellant within three months...........
Consumer Protection Act, 1986, Section 21 -- Insurance policy - Covered death, permanent disablement, loss of two limbs or two eyes, one limb and one eye directly caused by accident - Injury from sudden fall resulting in total loss of vision of right eye - Insurance Company directed to pay Rs.7 lakhs, insured amount, with 6% interest from the date of filing of complaint -..........
Consumer Protection Act, 1986, Section 2, Article 19(1)(a), 21, 25, Rule 97, 32, 42 - - Food products, cosmetics and drugs, for human consumption, whether vegetarian or non vegetarian origin - Consumer has no fundamental right to know - Interim directions issued by High Court till requisite amendments are carried out by holding that consumer has such a fundamental right,..........
Consumer Protection Act, 1986, Section 22, 22A -- Ex parte order & Review - District Forums and State Commissions have no power to set aside ex parte orders and to review orders - Such orders are assailable only before the National Commission...........
Consumer Protection Act, 1986, Section 15, 19 -- Appeal/Revision - Filed belatedly after the expiry of period of limitation - It was imperative to seek condonation of delay for some justifiable reason - In the absence of valid justification for condoning delay Commission had no other option but to dismiss the appeal/revision...........
Consumer Protection Act, 1986, Section 17, 21 -- Medical negligence - Consumer complaint - Opinion of an expert before registration of a consumer complaint is not required - Requirement of opinion of an expert as observed in Jacob Mathew case is limited only with regard to prosecution of doctors for the offence u/s 304-A IPC...........
Consumer Protection Act, 1986, Section 12, 2, Civil Procedure Code, 1908, Order 9, Rule 7 -- Consumer complaint - Notice issued but non appeared - Hence, proceeded ex parte - Nothing on record to suggest that notice issued was in fact served - Impugned order set aside - Matter remitted for decision as to whether notice issued was properly served and to decide the matter on..........
Consumer Protection Act, 1986, Section 23, Constitution of India, 1950, Article 226 -- Writ petition under Art.226 COI is not maintainable against order passed by National Commission - Once legislature has provided for statutory appeal to higher Court, it cannot be proper exercise of jurisdiction to permit parties to bypass statutory appeal to higher Court...........
Consumer Protection Act, 1986, Section 23, Limitation Act, 1963, Section 5 -- Consumer matter - Condonation of delay - Held, while dealing with application for condonation of delay in consumer matters, Court must keep in mind special period of limitation prescribed under the Statute...........
Legal Services Authorities Act, 1987 -- Chapter VIA - Permanent Lok Adalat - Does not deprive the user or consumer of public utility service of an opportunity to have the dispute adjudicated by a civil court or a forum created under special statute - Permanent Lok Adalats are in addition to and not in derogation of a fora provided under Special Statutes...........
