Consumer Protection Act, 1986, Section 2(1),(g) -- Computer - Deficiency of service - Sale of computer by OP to complainant not proved by the complainant - Nothing has been stated either in his complaint or affidavit as to how much amount was paid in installments and when it was paid in cash to the OP - Held that the complainant as well as District Forum erred in law in..........
Civil Procedure Code, 1908, Order 21, Rule 2, 95 -- Execution - Satisfaction/adjustment of decree - Delivery of actual possession is a must - Till actual possession is delivered to the D.H., there is no adjustment/satisfaction of the decree under execution...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- UTI - Deficiency in service - Compensation - Alleged deficiency of service on the part of appellant OP in not granting loan as prayed for as per advertisement held not proved - Grant of compensation of Rs. 25,000/- by the District Forum for mental pain and shock held not sustainable because damages on the head of..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Medical Negligence - Token amount given as donation to the Hospital would not amount to the payment of consideration or fee for the medical services rendered - Complainant does not fall within the definition of consumer u/s 2(1) (d) of the Act - Complaint held not maintainable - Same dismissed...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Insurance claim - Repudiation - Carrying fare paying passengers in violation of terms of policy - Held that valid enough reason for the Insurance Company to repudiate the claim - Policy is a contract based on trust, violation of which makes it invalid...........
Consumer Protection Act, 1986, Section 2(1),(g),21(b) -- Tractor booking - Amount deposited with the authorised dealer who in turn sent it to manufacturer but tractor not delivered - Dispute between manufacturer and the authorised dealer - Held that the poor agriculturist who wanted to buy a tractor cannot be taken for a ride - Direction of both the fora below directing..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - The term `earning ones livelihood' cannot be understood to mean business activity of all magnitudes and certainly not any activity on a large scale for the purpose of earning profit - The complainant a prominent businessman having fleets of vehicles and is engaged in the business of transportation, it cannot be..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Deficiency in service - Damages - Delay of 1-1/2 years in deciding the application of the petitioner made for allowing him to deposit the price of the flat in lump sum - Petitioner not depositing instalments pending decision on his application - Intimation after a long time to deposit the amount with..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Insurance claim - Consignment despatched on 11.11.1991 and not delivered - Cover note for insurance issued on 15.11.1991 - Loss had taken place latest by 13.11.1991 - Held that no liability could be fastened on Insurance Company...........
Consumer Protection Act, 1986, Section 2(1),(g), 24A, Carriage by Air Act, 1972, Article 17 -- Airlines - Deficiency of service - Limitation - Non delivery of consignment weighing 47 Kg. despatched on 11.11.1994 - The Airlines issued their certificate of non-delivery dated 28.4.1992 against the Indian Airlines - Complaint filed on 18.2.1994 against the Indian Airlines held..........
