Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance claim - Non settlement of the claim on total loss basis as recommended by the Surveyor - Petitioner cannot take the plea that the market value of the truck was Rs. 3 lakh at the time of the accident whereas its market value at the time of insurance had been assessed at Rs. 3,65,000/ - Order of the State..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Housing - Tenement allotment - Poor quality construction - Dismissal of complaint upheld by the State Commission on the ground that had there been any deficiency in service or inferior material had been used the purchasers would not have paid the higher price to the petitioner-complainant - The contention..........
Consumer Protection Act, 1986, Section 2(c) -- Complaint - Power of attorney - Institution of complaint by power of attorney - Held that there is no provision in the Act debarring the power of attorney holder to file the complaint - In general law, the power of attorney can file the suit if he is authorized to do so - The complaint could be presented by the holder of power..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance claim - Non settlement of the claim on total loss basis as recommended by the Surveyor - Petitioner cannot take the plea that the market value of the truck was Rs.3 lakh at the time of the accident whereas its market value at the time of insurance had been assessed at Rs.3,65,000/- Order of the State..........
Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d) -- Auto Rickshaw - Manufacturing defect - Compensation - Not denied by the petitioner that the new auto rickshaw had indeed to be repaired on a large number of occasions during the warranty period - Even though Petitioners did carry out these repairs free of charge wherever admissible and also though there was no..........
Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d) -- Auto Rickshaw - Manufacturing defect - Compensation - Not denied by the petitioner that the new auto rickshaw had indeed to be repaired on a large number of occasions during the warranty period - Even though Petitioners did carry out these repairs free of charge wherever admissible and also though there was no..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g) -- Car - Manufacturing defect - Till the date the vehicle was last attended by the engineers of the OPs it had covered about 61000 kms as per the last job card maintained by the OPs - Had there been any manufacturing defect in the vehicle it could not have run 61,000 kms. - It cannot be said that there was any..........
Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d) -- Auto Rickshaw - Manufacturing defect - Compensation - Not denied by the petitioner that the new auto rickshaw had indeed to be repaired on a large number of occasions during the warranty period - Even though Petitioners did carry out these repairs free of charge wherever admissible and also though there was no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Grant against co-sharer - Held, every co-sharer has a right to property and to develop property in accordance with law, subject to the condition that such use of property will not render partition impossible - Either plaintiff may file a suit for partition and injunction, or may bring such facts and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
