Consumer Protection Act, 1986, Section 2(1),(d),(i),&,(2(1),(d),(ii), (priortoamendment,in,2003) -- Consumer - Commercial purpose - Complaint maintainability - Machine Swelab Auto Counter purchased by the appellant Hospital - It was found to be non-functional during the warranty period - Held that complaint was maintainable even though the hospital was using the machine..........
Consumer Protection Act, 1986, Section 2(1),(o) -- Service - Lawyers - Held that if there is deficiency in service rendered by the Lawyers, complaint under the Consumer Protection Act is maintainable...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata & rule embodied in O.2.R.2 CPC - Distinction - Former places emphasis on the plaintiffs duty to exhaust all available grounds in support of his claim while the latter requires the plaintiff to claim all reliefs emanating from the same cause of action...........
Consumer Protection Act, 1986, Section 2(1),(d),14(1),(d) -- Advocate - Deficiency in service - Compensation - Non return of original documents - It amounted to deficiency in service on the part of respondent - State Commission held not justified in setting aside the portion of order of District Forum awarding compensation of Rs. 2,000/- to the petitioner...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Plea of ownership - It is sufficient for the plaintiff to allege in plaint that he is the owner and it is not necessary for plaintiff to state in plaint that he is owner on the basis of sale deed - Certified copy of sale deed filed is admissible for that purpose - Plaintiff cannot be non suited for non compliance..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Insurance claim - Fishing boat - Repudiation of claim - The complainant have not made serious and effective salvage operations of the 'sunken' vessel - They have not recovered even a piece of wood or metal of the fishing boat - Report of the independent Surveyors has clearly falsified the claim of the claimant - The crew..........
Consumer Protection Act, 1986, Section 2(1),(r), Motor Vehicles Act, 1988, Section 3(3) -- Unfair trade practice - Car - Maruti Zen - One-time life tax - Rs. 14,000/- charged by Authority taking unladen weight as 730/- kgs. - Demand raised by Authority of Rs.4,800/- on ground that actual unladen weight of Maruti Zen Car was 755 kgs. - Explained by petitioner-OP that at the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Order of - Court not to pass order of status quo without indicating as to what was the status quo...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Eviction - Bona fide requirement - Landlady did not depose as her own witness - Statement of attorney is not sufficient to order eviction on ground of personal necessity...........
Stamp Act, 1899, Section 2(11) -- Duly stamped - A document in order to get its proper legal recognition is required to be properly stamped according to the provisions of the Stamp Act...........
