Banking service -- Loan account - Pre-closure charges - Neither the appellant-OP placed on record the Head Office guidelines in regard to pre-payment charges/commitment charges in relation to loan account nor there was any evidence on the file that the said guidelines were brought to the notice of the respondents/complainants and they agreed to the same at the time of..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer -Commercial purpose - Car - Manufacturing defect - Contention by OP that the complainant is a Company which is running its commercial business and the vehicle also was purchased for a -'commercial purpose-' - Not the case of complainant if the vehicle was purchased by it for the use of the Director or any other..........
Consumer Protection Act, 1986, Section 17(2) -- Territorial jurisdiction - Cause of action - Complainant in his evidence had clearly asserted that he went to the office of -'B-' OP No. 5, first to collect the commercial invoice and subsequently to submit the same but after its verification he was advised by respondent/OP No. 5 to go to Mumbai - The State Commission has..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Courier service - Deficiency in service - Compensation - Consignment of donated parts of body - After having entertained the request of the complainant to accept the body parts of the deceased son for dispatch to -'Dr. Z-' in USA for research purposes and having sought the complainant-'s assistance to pack and..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d),21(b) -- Medical negligence - Unfair trade practice - Engagement of untrained and unqualified staff by the petitioner/OP No. 1 - Mere claim by doctor that he had administered the injection, on the face of the deposition made by -'R-' i.e. the untrained compounder, cannot be believed - Technical plea by the..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(a)(i) -- Cold storage - Insurance claim - Repudiation - Compensation - Policy to cover the risk to 40,000 quintal of potatoes - Compressor of the cold storage got damaged because of fluctuation in power supply - Information given to the OP and it failed to promptly depute their Surveyor to visit the cold storage - The..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale deed - Execution of - Held that the consumer complaint can be entertained though a civil suit on the same cause of action may also can be filed - It does not mean that the CP Act, 1986 gives lee-way to circumvent the regular procedure of..........
Consumer Protection Act, 1986, Section 15 -- Appeal - New plea - Insurance claim - Repudiation - The OP/appellant repudiated the claim vide annexure R-3 in which no distinction made by the OP that the goods which were not for sale were not insured - The OP cannot be allowed to go beyond Annexure R-3 and written reply filed by it before the learned District Forum, to take..........
Insurance claim -- Repudiation - Plea that the parts of split AC, which were fitted on the roof were not covered under the insurance policy as the same were outside the purview of the building repelled - A split AC has two parts one of which is installed inside the premises and the other outside it - In the insurance policy no such distinction was made by the OP - Roof is..........
Vehicle finance -- Forcible re-possession of vehicle - Plea of the appellant-OP rightly repelled that the vehicle had been surrendered by the complainant as no documents placed on record in support of this plea - Value of the vehicle was Rs. 3,96,000/- and the same was sold for Rs. 37,000 No notice was issued to the respondent-complainant - No market value of the vehicle..........
