Consumer Protection Act, 1986, Section 12, 21 -- Medical negligence - Merely because a doctor opts for a particular line of treatment but does not achieve the desired result, they cannot be held for negligence provided that said course of action undertaken was recognized as sound and relevant medical practice...........
Consumer Protection Act, 1986, Section 12, 21 -- Medical negligence - Adopting an alternative medical course of action would not amount to medical negligence...........
Consumer Protection Act, 1986, Section 12, 21 -- Consumer complaint - Medical negligence - Patient received treatment in multiple hospitals and `TT' procedure was reinstated several times - Considering multiple procedures, prolonged intubation, severe injuries and subsequent medical complications, it would be unsound to link or attribute the complications solely to `NI'..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Opposite party has right to address final arguments even in the absence of filing its written version against the complaint or non participating in the proceedings...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Adjournment - Opposite party had right to seek an adjournment in order to address arguments on merits even in absence of filing its written version against the complaint or non participating in the proceedings...........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Damage to machinery - Fire accident occurred during subsistence of policy - Said accident had caused damage to property of appellants including the machinery in question - Report of surveyor shows that fire brigade was called and water was sprayed over machinery which caused damage to..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Proceedings before Commission are summary in nature - Complaints involving highly disputed questions of facts or cases involving tortuous acts or criminality like fraud or cheating could not be decided by Forum/Commission under the Act...........
Consumer Protection Act, 1986, Section 12 -- Allotment of industrial plot - Cancellation of plot on the ground that steps were not taken for constructing industrial unit - Appellant never made any genuine effort to start its unit - No material on record to disclose that upon receipt of not less than three show cause notices, appellant showed any sense of urgency in taking..........
Consumer Protection Act, 1986, Section 12 -- Hypothecated vehicle - Detained/seized and thereafter sold which was found to be illegal - Loss suffered due to not plying vehicle - Nothing on record as to the loss suffered because of not plying the vehicle hypothecated and sold - Order of awarding compensation/damages at Rs.300/- per day modified to Rs.5,000/- per month as..........
Consumer Protection Act, 1986, Section 12 -- Purchase of two flats - Refund of amount with interest @ 9% - Under the agreement liability of appellant, in case of default was to pay interest @ 18% - It would be just and proper that interest of 18% be awarded on the refund amount...........
