Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Maintainability - Availability of an alternate remedy is no bar in entertaining a complaint under the Act...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Maintainability - After provisions of RERA Act came into force - Where proceedings under the Act are initiated after provisions of RERA Act came into force, there is nothing in RERA Act which bars such initiation - Choice or discretion is given to allottee whether he wishes to initiate appropriate..........
Consumer Protection Act, 1986, Section 12 -- Life insurance - Death claim - Repudiation - Non-disclosure of serious pre-existing ailment - Deceased was suffering from a serious pre-existing medical condition which was not disclosed to insurer - In fact deceased was hospitalized to undergo treatment for such condition in proximity to date of his death and same was also not..........
Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Deficiency in service - Compensation - Where there is gross delay in handing over possession by builder beyond contractually stipulated period, flat purchaser is entitled to just and reasonable compensation for such delay - However, such compensation not constrained by..........
Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Compensation - Flat purchasers who obtained possession or executed Deed of Conveyance, do not loose their right to make a claim for compensation for delayed handing over of flats...........
Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Compensation - Claimed by subsequent transferees - Subsequent transferees in spite of being aware of delay in delivery of possession of flats, had purchased interest in flats from original buyers - It cannot be said that subsequent transferees suffered any agony and..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Damage to stock and machineries by fire - Non-coverage of whole set of hypothecated assets under insurance policy by Bank - Deficiency in service - Bank remained silent to two letters of respondent seeking particulars of policy - Stand of bank that policy and statements were made available to Directors of..........
Consumer Protection Act, 1986, Section 12(1)(b) -- Consumer - Complaint - Locus standi - Complaint by a statutory body - Complainant neither a consumer nor `recognised consumer association' - Voluntary consumer association is a body formed by a group of persons coming together, of their own will and without any pressure or influence from anyone and without being mandated..........
Consumer Protection Act, 1986, Section 12(1)(b) -- Recognised consumer association - One complaint on behalf of its members having similar cause of action, can be filed...........
Consumer Protection Act, 1986, Section 12(1)(c) -- Joint complaint - Permission - Case admitted and notice issued - Though expressly it is not stated that permission is granted to file joint complaint but the fact that admission of complaint is recorded and notice was issued, permission is to be read as inherent in the order of admission - Commission thereafter ought not..........
