Banking service -- Cheques - Stop payment - Deficiency in service - The cheque is an order issued by the Consumer to the bankers to pay certain amount stated therein - Likewise the stop payment is also an order issued by the consumer depositor to the banker to stop the payment and the bank has to act upon the instruction of the depositor/consumer - It is not the..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Banking service - Consumer - Commercial purpose - Cheques - Stop payment - Plea that the original order of the machine placed by the respondent-Doctor for his commercial purpose so he could not be treated as a consumer - Held that the dispute which was before the Forum and the Commission not of the purchase of original..........
Consumer Protection Act, 1986, Section 13 -- Procedure - Summary procedure - Held that the summary procedure is required to be followed while deciding the complaint - Strict rules of evidence,as such, are not applicable to the proceedings before the District Forum...........
Constitution of India, 1950, Article 32,226, Consumer Protection Act, 1986, Section 9,10(3),16(2) -- Public Interest Litigation - Jurisdiction of Court - Judicial restraint - Direction to state Government by High Court to constitute at least five State Consumer Forums at State Level under Section 16 of Consumer Protection Act, by making necessary amendment in the Act -..........
Consumer Protection Act, 1986, Section 9 -- Consumer Court - Civil Court - The consumer Courts in effect and substance, are virtual substitutes for the civil courts in respect of certain categories of cases.(Para 41 per Sinha, J.) (iii) Interpretation of statute - The Court cannot add or substitute words in a statute...........
Consumer Protection Act, 1986, Section 2(1)(f) -- Tyres - Manufacturing defect - Plea of OP - appellant that the complainant has misused the tyres repelled - The tractor tyres are supposed to be tough and they should serve the purpose on any surface - Order of the District Forum directing appellant to pay costs of two tyres or supply new tyres after taking back the damaged..........
Consumer Protection Act, 1986, Section 2(1),(f) -- Seeds - Defective seeds - Complainant-appellant failed to prove his prime averment that seeds were sold by the respondent/OP - The incidental expenses incurred by him on the crop for damage control cannot be even taken into account - There is nothing on record from which complainants' case of sale of defective seeds by the..........
Consumer Protection Act, 1986, Section 2(1),(c),13 -- Complaint - Pleadings - Signing of by Advocate - Complainant has given authority to the Advocate to file the complaint by way of Vakalatnama - It was not an improperly filed complaint...........
Mobile telephone service -- Disconnection of roaming facilities before the due date for payment of bill - Held to be breach of the contract between the parties - The service provider liable to compensate the consumer for mental agony and harassment suffered by him...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Negligence - Injury to passenger - Injury sustained in spinal cord by the respondent was not due to the accident but by sudden applying of the brake by the driver - Petitioner did not contest the complaint by filing written statement and/or adducing evidence before the District Forum which has returned finding..........
