Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - Amount of Rs. 2,00,000/ - released in favour of the appellant on 5.11.2004 - This amount was received by the appellant on 1.3.2005 without reserving any right to claim interest on the delayed payment and it was accepted without any protest - By sending letter dated 2.4.2007 to the respondent no. 2..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Plot booking - Refund of deposits - Cause of action arose in 2002 when the complainant herself visited the site and found the site to be quite different given in the brochure - Correspondece does not enlarge the period of limitation and writing of letter in the month of July, 2007 and sending Advocate's notice in..........
Consumer Protection Act, 1986, Section 12(3), 18, 22, 24A(2) -- Complaint - Admissibility of complaint - District Forum u/s 12(3), State Commission u/s 18 of the Act and National Commission u/s 22 of the Act are competent to decide the admissibility of complaint - If complaint does not disclose any grievance which can be redressed then concerned forum can reject the..........
Consumer Protection Act, 1986, Section 24A(1) -- Cause of action - Medical negligence - In medical negligence cases there can be no straight jacket formula for determining as to when cause of action arose - Each case has to be decided on its own facts - If the effect of negligence on the doctor's part or any person associated with him is patent, the cause of action will be..........
Consumer Protection Act, 1986, Section 24A(1) -- Cause of action - Medical negligence - Operation of stomach conducted in 1993 - Patient felt constant pain for 9 years - Second operation conducted in 2002 - Pieces of gauges found in stomach during second operation - Question as to whether cause of action arose in 1993 or in 2002 - If the patient had not suffered pain,..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Complainant had surrendered the plot on 31.7.2002 and the deposited amount was refunded to her on 2.8.2002 - Complaint filed by the complainant on 15.6.2005 without moving any application for condonation of delay - District Forum committed great error while allowing the complaint, which was hopelessly, barred by..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - Marine Cargo air Cover - Parcel of diamonds sent by air failed to reach destination - Cause of action arose on or before 24.5.1999 - The consumer complaint filed on 19.8.2006 without any application for condonation of delay - The consumer complaint ought to have been dismissed being barred by..........
Consumer Protection Act, 1986, Section 24A -- Complaint - Limitation - Cause of action - Housing - Failure to carry out construction and deliver possession - Earlier MOU is of the year of 26.10.1993 - Construction to be carried out within 24 months in terms of Memorandum of Understanding Dt.15.12.1998 - There was novation of contract between the parties in the year 1998 -..........
Consumer Protection Act, 1986, Section 24A, 2(1)(g), 14(1)(d) -- Limitation - Insurance claim - Plea that in terms of clause 12 of the Insurance Policy the complaint not filed within 12 calendar months from the date of repudiation i.e. by letter dated 16.6.1989 hence barred by limitation repelled - Held that the limitation of 12 calendar months for filing the claim after..........
Consumer Protection Act, 1986, Section 24A, Carriers Act, 1865, Section 10 -- Carriers service - Complaint - Limitation - Plea that notice to the carrier itself was issued after the period of two years permissible under the CP Act and consignee did not take delivery of goods hence not complaint could lie repelled - Consignment was booked on 12.08.1994 and petitioner had..........
