Consumer Protection Act, 1986, Section 2(1)(f) -- Seeds - Defective seeds - Yield not as expected - 1993 packed seeds sold in 1996 - Fora below rightly awarded compensation for loss of crop with cost of seeds - Petition liable to be dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Payment or adjustments - D.H. not remembering as to receipt of payment and issuance of receipts - Other party producing receipts - Objections cannot be dismissed that payment is not certified - It is for the executing Court to decide the fact as to whether payments have been made or not...........
Stamp Act, 1899, Section 47A(1), 2(10) -- Plot allotted by PUDA in the year 1987 - Allottee applied for conveyance deed in the year 1999 - PUDA executed conveyance deed in the year 2005 - Held, stamp duty will be changed as per market value of the plot in the year 2005 - However, allottee cannot seek remedy against PUDA in respect of late registration of conveyance deed...........
Consumer Protection Act, 1986, Section 2(1)(g), Telegraph Rules, 1951 -- Telephone disconnection - The word 'subscriber' - Disconnection Telephone of the complainant for non deposit of bill in the name of son in the same premises - Held that MTNL was within its legal rights to insist that the complainant should ask his son to pay arrears of more than Rs. 20,000/ - because..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - 7 flats booked by complainant and her family - Respondent - complainant failed to indicate any acceptable or logical reason to confirm that these flats were actually needed by the family for the living of its members and not for sale - The complainant held not a consumer as defined in Section..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Medical service - Plea by appellant that respondent - complainant not a 'consumer' as no fee had been paid repelled - Appellant not running a charitable institution in which no fee was charged but he was running institution in which fee is charged - Respondent No. 1 would be a consumer as the appellant had..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) -- Education - Admission - Fees refund - Unfair trade practice - With the withdrawal of the petitioner the Institute had not suffered any loss as no seats under the general category was kept vacant for the relevant year - Institute held to be unfair and unjust in retaining the tuition fee of Rs. 1 lakh even after the..........
Consumer Protection Act, 1986, Section 2(1)(f) , 2(1)(g) , 14(1)(d) -- Defective machine - Supplied by petitioner - Despite assurance the petitioner failed to get the defects removed - The respondent suffered financial loss and mental agony because of the defective machine - Order of the District Forum as affirmed by the State Commission directing refund of the price of..........
Arbitration and Conciliation Act, 1996, Section 2(1)(g), 11 -- Arbitration - Agreement to render consultancy service by one party to the other is commercial in nature and there is commercial relationship between the parties...........
Arbitration and Conciliation Act, 1996, Section 2(1) -- Commercial contracts - Must be broadly construed with a view to give efficacy to such contract rather than to invalidate it - Held, that clause of contract must be liberally interpreted and narrow and technical approach should be avoided...........
