Consumer Protection Act, 1986, Section 2(c),12 -- Complaint - Maintainability - District Forum vide its order dated 10.9.1999 allowing the Respondent/Complainant to withdraw the complaint on cost of Rs.300 - Respondent filing another complaint - Petitioner/O.P. accepting the costs after the institution of the complaint - There is a positive indication that when the..........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o) -- Consumer - Service - Service includes the provisions of facilities in connection with banking, financing, insurance etc. as defined in Sub-section 2(o) of the Act - Respondent taking loan from LIC for consideration in the shape of interest and paying such consideration - Complainant is a consumer qua the opposite..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Complainant a subscriber to the Kuri and had occasion to participate in the draw and was winner in the draw - Without justifiable reason the company did not pay the prize amount - The complaint satisfies section 2(1) (b) of the Act - The complainant held to be a consumer as per Section 2(1) (d) (ii) and the..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Deficiency in service - Complainant a subscriber to the Kuri and had occasion to participate in the draw and was winner in the draw - Company did not pay the prize amount on the ground that he was defaulter in payment of installment - Plea of the complainant that conduct of the OP in accepting from him Rs. 100/- towards..........
Arbitration and Conciliation Act, 1996, Section 34, 2(6), 20, 28 -- Venue - A decision of the Arbitrator on question of venue for holding arbitration proceedings is neither an award nor an interim award - Order is not appealable - No doubt a decision on the question of venue is of utmost importance, but the parties are not remedyless - If it was an erroneous decision, it..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Plot allotment - Deficiency in service - Compensation - Delay of seven years in delivering possession of allotted plot due to encroachment - Held that OP has been guilty not only of deficiency in service but also of atrocious and callous behaviour towards the complainant - 18% interest allowed on the deposited..........
Hindu Marriage Act, 1955, Section 2(2) -- Members of tribals - Marriage between - Not governed by Act - Would be governed only by customs and usage of the Tribe...........
Civil Procedure Code, 1908, Order 3, Rule 2, Evidence Act, 1872, Section 118 -- Power of attorney holder - Plea of fraud - It is the party in person who can bring the true facts on record - Moreover, an attorney authorised for various specific purposes but not for appearing as a witness of the person authorising him, cannot appear as a witness as well on his behalf...........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 6, Civil Procedure Code, 1908, Order 21, Rule 10 -- Decree to be drawn in consonance with the judgment - If a decree has not been drawn up in consonance with the judgment, the same cannot be given effect to...........
Succession Act, 1925, Section 299, Civil Procedure Code, 1908, Section 2(2) -- Grant of probate - Order passed in such proceedings - Not a decree - Appeal against such order to be presented as Miscellaneous appeal...........
