Showing : 1-10 of 114 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Statutory fees, levied in lieu of service provided, may in the usual course be subject matter of Consumer Forum's jurisdiction provided that there is a `deficiency in service' etc. - Law laid down in case HUDA Vs Sunita, overruled...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12, 17-- Medical negligence - Death of patient - Compensation has to be calculated on the basis of twin criteria of age and income - But in absence of income of father or family, there is no legally acceptable norm available on record for enhancement of compensation...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12, 17-- Medical negligence - Death of patient - Compensation - State Commission awarded a sum of Rs.4 lakh as compensation payable by Hospital and Rs.2 lakh by Operating surgeon - National Commission found a sum of Rs.4 lakh as just compensation and absolved Operating Surgeon from any liability - When..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Consumer complaint - Condoning marginal delays - It is harsh to penalise a bona fide litigant for marginal delays that may occur in the judicial process - Consumer fora should bear this in mind so that ends of justice are not defeated...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Consumer complaint - Dismissal of complaint on technical ground - Non filing of rejoinder and evidence despite last opportunity - Ground for rejection of complaint is technical and in disregard to the requirements of substantial justice - Order dismissing complaint is to detract from the true..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12, 17-- Medical negligence - Death of patient - Surgery not the only life saving option at that time - Action to operate upon patient cannot be said to be prudent decision - It is a case of unreasonable decision of the Operating Surgeon to operate and not a case of `bit negligent' so as to absolve surgeon..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Order 41, Rule 27-- Consumer dispute - Additional evidence at appellate stage - Documents came into existence after filing of appeal before State Commission - Documents are relevant to establish the case of appellants - In absence of these documents, appellants would not be in a position to substantiate their case -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12(1)(d), 2(1)(d)-- Consumer - Booking of four flats by an individual - By itself not conclusive that flats were booked for commercial resale - It is a matter to be decided on the basis of evidence - No material on record on the basis of which a conclusion could be drawn one way or the other - Dismissal of complaint..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Insurance claim - Insurance of borrower of loan against personal accident - Death due to malaria - Illness of encephalitis malaria through a mosquito bite cannot be considered as an accident - It was neither unexpected nor unforeseen - It was not a peril insured against in the policy of accident..........
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..........

Showing : 1-10 of 114 Results