Consumer Protection Act, 1986, Section 2(1)(e) -- Defective scooter - The scooter had to be taken for repairs ten time within a period of 7 months - Only 4 job cards placed on record out of ten job cards by the appellants/OP hence adverse inference drawn - Not always necessary for the consumer to give expert testimony, though if he does so it will add the weight of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Refund of security deposit - Gram supplied pursuant to tender was rejected by appellant Corporation on ground that it contained foreign matters - Forfeiture of security deposit for breach of contract - Plaintiff claiming refund of security deposit pending suit - Not made out strong case in his favour with..........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Enforcement of Bank guarantee - Summary suit - Application for leave to defend - Ground of uncertained liability - Guarantee in question was not unconditional - Liability was required to be ascertained - Recording of evidence would be necessary for adjudication of said question - Defendant entitled to unconditional leave..........
Civil Procedure Code, 1908, Order 1, Rule 3, 10, Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for enforcement of Bank Guarantee - Interim of contract third party execute guarantee agreement - Vendor executing contract after furnishing Bank Guarantee - Liability was required to be ascertained at time the guarantee was invoked - Vendor necessary party in suit..........
Consumer Protection Act, 1986, Section 2(1),(r), Contract Act, 1872, Section 63 -- Unfair trade practice - Car price - Plea of waiver/estoppel - The original promise was to deliver Omni-E Model to the complainant promisee but he was delivered Euro-1 model car costing a little more - The complainant accepted the said delivery and paid the difference of price without any..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Non disclosure of material fact with regard to ailment at the time of revival policy under a special drive - The OP has not established that the cause of death is on account of suppressed health information - Respondent OP has not acted strictly in accordance..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Transfer of immovable property in violation of an order of injunction or prohibition confers no right, title or interest in the transferee, as it is no transfer at all...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Grant of - Suit for declaration - Plaintiffs claimed that they are absolute owners of suit schedule property sanctioned by Nizam of Hyderabad in favour of their father for consideration - Identity of property not known - Their application for appointment of Commissioner to survey property had been rejected by..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interlocutory orders - Restoration of suit dismissed for default - Interlocutory orders passed before dismissal of suit revive when dismissal is set aside and suit is restored unless Court expressly or by implication excludes the operation of interlocutory orders passed during period between dismissal of suit..........
Consumer Protection Act, 1986, Section 2(1),(g), Contract Act, 1872, Section 171 -- Banking service - Lien over securities - Bank recovered the amount of loan advanced to the principle debtor, from the FDRs of guarantor which was given by way of security - Bank can adjust the maturity amount of FDRs towards the loan amount...........
