Showing : 1-10 of 542 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Deficiency of service - Breach of duty of care - Death by drowning in swimming pool at hotel - Existence of duty of care - Since facility of swimming pool was available for use by guests of hotel, there was close and proximate relationship between management involving maintenance of safe..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Deficiency of service - Death by drowning in swimming pool at hotel - Breach of duty - Admittedly, lifeguard on duty was also functioning as bartender - Breach of duty of care lies in the fact that while hotel had made facility of swimming pool available for its guests, it ought to have assigned..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Deficiency of service - Death by drowning in swimming pool at hotel - Delay in response by lifeguard who was preoccupied with bartending duties - Amounts to direct consequence of negligence...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Deficiency of service - Death by drowning in swimming pool at hotel - Damages - Considering age of deceased, social status of parties, income of deceased, nature of business, prospects for future earning, loss of companionship for spouse and guidance and support for children, assessment of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 23-- Deficiency in service - Equity linked insurance plan - LIC held on the moneys wrongfully for five years - Omission to refund deprived appellant the use of his money - Mere direction for payment of interest at 12% per annum on the principal amount will not provide sufficient address - An additional..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 23-- Allotment of flat - Delayed delivery of possession - Interest - Deficiency in service - Appellant explained some of delayed period on the ground of re-submission of plans and taking fresh NOC in respect of fire safety permission which was justified - Thus, out of period between August 2014 till..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Allotment of flat - Delay in handing over flat - Damages - Reckoning date - Complainants tried to execute agreement and sought for conveyance of property through National Consumer Commission - Even in first appeal, offers were being made on behalf of appellants to convey..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Allotment of flat - Delay in handing over flat - Appellants transferred property to third party despite their contractual obligation towards complainants - No reasons were given for the same - Obligation was on appellant to show that he was unable to transfer property to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Contractual breach - Damages for contractual breach is generally compensatory arising out of breach - Damages awarded therefore, should not be excessive and a Court/Tribunal needs to take a balanced approach so as to ensure right compensation - Taking into consideration of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Consumer Protection Act, 1986, Section 12-- Consumer - Commercial space already sold at the time of issuance of allotment letter - It is a clear cut case of deficiency of service - Respondent directed to refund the amount of Rs.2,05,000/- along with damages of Rs.50,000/- alongwith interest of 18% per annum payable from 06.12.2004 till..........

Showing : 1-10 of 542 Results