Consumer Protection Act, 1986, Section 2(1)(g) -- Housing construction - Deficiency in service - The appellant agreed to construct a house of specific kind and specific quality and to make it available to the complainant but he failed - It clearly falls in the definition of deficiency in service as defined in Section 2(1)(g) of the Act...........
Consumer Protection Act, 1986, Section 3 , 2(1)(g) -- Additional remedy - Housing construction - Contract - Merely because an agreement was entered between the parties in writing, it cannot be interpreted to mean that the doors of Consumer Forum are shut for the consumers or that the parties are to be relegated to Civil Court...........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 91 , 92 -- Housing construction - Agreement - Construction of documents - The documents is to be read as per its contents and no foreign aid can be taken to read something in the written documents which is not made out from its language - When the agreement/affidavits do not contain any assertion..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Vehicle finance - Delay in payment of instalment - Repossession of the vehicle held to be in order - The award of compensation and cost in these circumstances does not stand to scrutiny and liable to be set aside - Since there was error in refunding the amount direction to return the money by the complainant to the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Subsequent suit - When cause of action and relief claimed in the second suit is not the same as the cause of action and relief claimed in the first suit and later reliefs could not have been asked for in the first suit, second suit cannot be considered to have been brought in respect of same subject matter - Second suit is not..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Regularization of services - Failure to implement the order of Government by OP Nos. 1 and 2 Government Officials - Complainant has not hired or availed the service of Government Officials - The complainant is not a consumer as defined under Section 2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 2(1),(g), Banking Regulation Act, 1949, Section 35A -- Banking service - What should be the time limit for the period during which operation of the direction issued under Section 35-A of the Act of 1949 should remain in force? Whether it can remain in force for years together or for a reasonable period? - Held that when no time limit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from dispossessing plaintiff as possession is alleged to be delivered at the time of execution of agreement of sale - Only earnest money paid and sale deed yet to be registered - No prima facie case in favour of plaintiff - Right of plaintiff..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- EPF Scheme, 1952, Para 26(6) - EPF contribution - Non release of - Petitioner himself has accepted that the Complainant was a member of the EPF Scheme for years together - The contribution for the said scheme was regularly deducted from his salary - The matching contribution was also given by the Petitioner which..........
Consumer Protection Act, 1986, Section 2(1),(g), Carriers Act, 1865, Section 10 -- Carrier service - Notice - Once notice is dispatched his part is over - The notice having been sent on correct address, the plea of non-service of notice taken by the petitioner rightly discarded by the State Commission...........
