Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Service - Certified copy - Supply of - Copy of eviction order passed against petitioner supplied by the Estate Officer - Suo motu depositing a certain amount as fee for certified copies - Nothing brought on record that there was any fee prescribed for certified copies - Estate Officer or the subordinate staff in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining Municipal Council from demolishing the house - Raising construction without obtaining sanction - Municipal Council is competent to demolish - Ad interim injunction declined - No interference...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Beneficiary - Complaint maintainability - Due to the own mistake of Insurance Company Insurance policy issued in the name of erstwhile owner though he had no interest in the same after transfer of vehicle - The cheque for insurance premium also paid by transferee whose name stood in registration certificate -..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair practice - Advertisement - Pepsi Cola - Promotion scheme - Claim for prize - Claim made on the basis of 'blue ringed crown' of earlier scheme for later scheme having 'red ringed crown' - There is no material to prove that the appellant had unfairly denied the first prize of the later scheme to the complainant - Order..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 56 -- Insurance claim - Repudiation - Ground that at the time of accident the vehicle had no fitness certificate - The report submitted by the Surveyor nowhere mentioned that fitness certificate has anything to do with accident - Claim should be allowed on non - standard basis...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Housing - Plot allotment - Paper possession - Extension fee - For non completion of construction - Absence of any document to show that OP - HUDA had indeed sent an offer of possession of the plot to the petitioner - complainant under its memo dated 29.12.1995 - There does not appear to be any valid reason for..........
Consumer Protection Act, 1986, Section 2(1)(d) , 3 -- Medical negligence - Consumer - Additional remedy - Criminal complaint filed by the respondent No.2 against petitioner - After sometimes the complaint before State Commission filed for compensation and refund of money paid to the Doctors - Held that on that very basis the Consumer Forum cannot be deprived of its rights..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Housing - Flat allotment - Scheme floated in 2002 in which respondent - complainant became successful in the allotment - Flat allotted which was constructed in 1994 - 95 and was in dilapidated condition - Held that such practice highly deceitful, unfair - Order of the District Forum issuing direction and awarding..........
Consumer Protection Act, 1986, Section 2(1)(r) , 14(1)(d) -- Unfair trade practice - Punitive damages - Mobile scheme - The scheme or so - called contest in question comes within the ambit of lottery inasmuch as several lacs out of two crores subscribers who have made calls for more than 20 minutes duration a day are eligible to take part in it - Out of them a lot is drawn..........
Civil Procedure Code, 1908, Order 2, Rule 3, Trade Marks Act, 1958, Section 27, 106, Trade and Merchandise Marks Act, 1958, Section 62(2), 55, Trade Marks Act, 1999, Section 134 - - Infringement - Composite suit of infringement under Copyright Act claiming ownership and relief for passing off under Trade Marks Act would not lie in the same forum..........
