Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Financial services - Loan - For manufacturing unit - Non release of sanctioned loan - Deficiency in service - Compensation - The loss claimed to be suffered by the respondent for the reason of not being able to start the unit - It cannot be the basis for awarding the compensation specifically when the respondent..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Plantation of poplar trees - Complainants had purchased the poplar plants with the financial aid of NABARD under a contract to resell the grownup trees to OP Company - The position of the company was that of a prospective purchaser as the farmers agreed to resell their trees to the company..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM(2)&(3) -- Insurance policy - Exclusion clause - Surveyor's report - The report of the Surveyor generally should be given due weightage - Since Surveyor took no note of the specific exclusion of damages to the insured stock of steel bearings due to `rusting, oxidation and discolouration of the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit - Suit for partition - Some of the property left out - Second suit filed on coming to know about the existence of such property - In the earlier suit defendant did not raise plea about the existence of property left out from the hotchpot - Held, in the circumstance bar of O.2.R.2 CPC not applicable - Second..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 126 -- Electricity disconnection - Interim order by State Commission for restoration of connection - Remedy of appeal before the appropriate authority under the Electricity Act available - Impugned order being violative of the statute as under the Electricity Act read with WBERC Regulation, 2007..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office Guide (Part I), Rules 253,254 - Postal Service - Indian Postal Order - Repayment of value - Claim by purchaser - Case of the respondent - complainant that IPO purchased by him on 5.4.1999 had been taken by a person from him by misrepresentation - Stop payment request made on 15.4.1999 by the respondent -..........
Consumer Protection Act, 1986, Section 2(1)(s) -- Shares - Transfer of shares - Service - Since the shares belongs to the petitioner - company, even if they be floating in the open market, the right of a purchaser would accrue only after the endorsement of its transfer to the purchaser by the company by dealing the name of the erstwhile buyer - The same would amount to..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Share - Transfer of shares - Delay of three years in transfer of 500 shares - Price of share fell from Rs. 340 to Rs. 39 - District Forum directing the petitioner to pay a sum of Rs. 1,49,125/ - as difference between Rs. 340 per share and Rs 39 per share and also awarding compensation of Rs. 25,000/ - Held that..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, Negotiable Instruments Act, 1881, Section 138 -- Deposit - Refund - Dishonour of cheque - Additional remedy - Petitioners/OP in their reply to the complaint before the District Forum have been quite ambivalent and have not clearly stated that the sum of Rs. 3.00 lakh was neither received by them nor have they denied that..........
Arbitration and Conciliation Act, 1996, Section 31(6), 34, Civil Procedure Code, 1908, Section 2(2) -- Interim award - Meaning of - Held, an interim award has to be in the nature of a part judgment and decree as envisaged u/s 2(2) of CPC and same must be such that it conclusively determines rights of parties on a matter in controversy in suit as is done in a final judgment..........
