Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing & Possession - Delay in delivery - Compensation - Possession delivered much after beyond the period of 3 years stipulated in letter of allotment - Appellant-complainant held entitled to interest @ 12% p.a. on the deposited amount from the respective date of deposits till the time of `offer-of-possession'..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Exclusive possession claimed on the basis of one entry in Jamabandi and Khasra Girdawari - Land in dispute described as 'Jumla Mustarka Malkan' - Change in entry in Jamabandi not supported by reason or the basis for such change - On the basis of stray entry in Jamabandi exclusive possession over the suit land cannot be..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of Will - Cannot be treated as preliminary issue...........
Consumer Protection Act, 1986, Section 2(1)(b)(iv) -- Complainant -Association - Complaint filed by appellant Association in respect of common facilities which were to b@ made available by the respondent-OP - The complainant-appellant held to be consumer - State Commission erred in dismissing th) complaint as on erroneous interpretation/comprehension of Section 2(1)(b) of..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Employee and his family members of Vishakapatnam Port Trust - Who are entitled to receive free-medical treatment as per their service conditions - Held to be consumer under the Consumer Protection Act...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Constitution of India, 1950, Article 12 - Plot allotment - Refund - State Housing Development Authorities like BDA or `State' within the meaning given in the Constitution - They are obliged to take care of the welfare of the people - Neither plot allotted nor money refunded - The respondents held deficient in..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Plot allotment - Deiay in delivery of possession - Interest - The failure on the part of petitioner to deliver possession within a reasonable time - Possession give after 8 years - Held to be a clear case of deficiency in service on the part of petitioner - Continuous cause of action - Complaint within time limit..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing - Flat allotment - Delay in handing over possession - Compensation - Held that if the advertisements are made, in order to attract prospective buyers, and if by a public authority the word is not kept then no hesitation in fastening deficiency in service - Provision existing in terms of `payment of..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Warranty - Backhoe Loader manufactured by OP purchased by appellant - Even though it is used for commercial/industrial purposes yet if any manufacturing defect occurs during the warranty period complainant held consumer and is entitled for protection under the Act...........
Consumer Protection Act, 1986, Section 2(1)(f) -- Manufacturing defect - Backhoe Loader manufactured by OP purchased by appellant -Manufacturing defect noticed during warranty period could not be rectified properly - Resulting in deficiency of service - Order of the State Commission directing refund of cost of equipment upheld with modification that appellant has to return..........
