Consumer Protection Act, 1986, Section 2(1),(g) -- Defective machinery - Letter of complainant on record showed that breakdown in machine occurred due to mistaken operation by the employee of complainant - The last technician sent by company corrected the condition of the machine to the satisfaction of complainant - Held that there is neither any defect in the machine..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- P.L.I. Policy - Delay in payment of bonus at maturity - Appellant-OP clearly guilty of deficiency in service - In absence of any cogent proof of financial loss and mental agony on this account, the compensation sought and decreed by the District Forum set aside - Respondent-complainant held entitled to interest..........
Consumer Protection Act, 1986, Section 12, 17 -- Delay in delivery of plots - Refund of money - Interest - Cannot be allowed at the rate of 18% in all cases - Forum can grant damages/compensation for mental agony/harassment where it minds misfeasance - Such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Housing loan - Deficiency in service - Application of the appellants for loan at an interest of 10.75% p.a. under different plan but sanction of loan for 7 years with interest @ 12.25% p.a. under different plan which was not acceptable to the appellants - Nowhere on record that the OP ever offered or..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Act, Section 33(2) - Insurance claim - Compensation - After issue of cover note whatever amount was demanded by the OP that was paid and policy was issued - Held it was absence of good faith on the part of the OP who despite having received the demanded amount did-not adhere to the terms of the..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer -Education - Beneficiary of service - Appellant selected by his employer for imparting of education in Information Technology in respondent Institute and the employer paid the fee - Though certificate for completion of course issued respondent/OP but a major portion of the syllabus was not covered at all -..........
Parallel proceedings -- Consumer and criminal proceedings - Under the Consumer Protection Act, 1986 the Commission has to decide the matters de hors of all technicalities developed under civil/ criminal jurisprudence - If criminal matter is pending, proceeding under Consumer Protection Act can be adjudicated - Criminal proceedings are to be decided on the basis of Evidence..........
Consumer Protection Act, 1986, Section 2(1)(g), (r) -- Shares -Deficiency in service - Forfeiture of shares - Issuance of partly paid shares to appellant-complainant in compliance with order passed in previously filed complaint in which appeal was decided in the year 1999 - The order in appeal not challenged by appellant-complainant by filing revision before the National..........
Consumer Protection Act, 1986, Section 3, 2(1)(g) -- Alternative remedy - Financial service - Deficiency in service - Post dated cheques issued by OPs in `double money option' scheme got dishonoured - Complaint instituted by complainant before Consumer Fora alleging deficiency in service - Plea of the OPs that since the Special Court seized with the matter the complaint..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Swimming pool - Membership fee paid by son of complainant to respondent No.1 Municipal Corporation - Complaint filed alleging deficiency is service as death of the son of the complainant by drowning in swimming pool allegedly due to negligence of OP's - Plea that payment of token amount for registration or..........
