Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Regulatory and Development Authority (Protection of Policy Holders' Interest) Regulation, 2002 - Insurance claim - Repudiation - Respondent - complainant had preferred an insurance claim immediately after the accident - complainant on 12th of May,1996 - Repudiation of claim after a period of nearly two years on..........
Consumer Protection Act, 1986, Section 2(1)(f), 13(1)(c) -- Three wheeler - Manufacturing defect - Inspection report by petitioner - OP not supported by affidavit discarded by Fora below - The complainant did not lead any evidence to prove that there was manufacturing defect - In the absence of any such evidence it cannot be said that there was any manufacturing defect in..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Medical services - Beneficiary - Petitioner hospital entered into an agreement with the Director CGHS to first treat their members on the basis of a credit and thereafter lodge the claim for reimbursement - Plea that respondent - complainant not a consumer - Held that even though the Director CGHS is to make the..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e) -- Consumer - Consumer dispute - Provident accumulation - Withholding of - In backdrop of the scheme which required employer Bank to contribute to the Provident Fund, services rendered by employer has to be considered 'service' within the meaning of section 2(1)(o) and the employee to be a 'consumer' within the..........
Consumer Protection Act, 1986, Section 2(1) -- Provident accumulation - Withholding of - Provident Fund accumulation of respondent cannot be withheld by employer Bank against loan raised by her against various Cooperative Societies - In case the loan raised by her remained unliquidated, it was open to Cooperative Societies to initiate recovery proceedings against her..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Additional evidence - Appellate stage - Material on the file enough for adjudicating upon the controversy between the parties - At the belated stage no case made out for allowing additional evidence and condition precedent for allowing application for additional evidence not made out...........
Consumer Protection Act, 1986, Section 2(1) -- Insurance claim - Allegation by appellant - OP's that reasonable opportunity of hearing not afforded by the District Forum - Record showed that numerous opportunities allowed by the District Forum to OP for filing evidence including subject to payment of cost - District Forum below have been more liberal, forgetting the..........
Consumer Protection Act, 1986, Section 2(1)( -- Insurance Regulatory and Development Authority (Protection of Policyholder's Interest) Regulations, 2002 - Insurance claim - Missing of insured vehicle within one month of the purchase of the vehicle - Non settlement of claim on the ground that driver/agent of the owner complainant failed to observe 'reasonable care' as per..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Failure to establish ownership - Only on the basis of possession on public land plaintiff cannot claim prima facie case in his favour nor balance of convenience is in his favour as land in dispute is for use of public - Temporary injunction declined - Order upheld...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Residential plot - Application for - Allotment of a residential plot has yet not been made to the complainant and the application of the complainant is/was under process for completion of the necessary formalities by the complainant and approval of the authorities, on the date when the complainant had filed the..........
