Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Evidence Act, 1872, Section 91,92 -- Housing construction - Deficiency in service - Written agreement for construction - Construction left in between - The cost of left out portion of construction by the OP had been evaluated by the Forum at Rs. 23,689 Plea of the OP that the complaint refused to pay for extra..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction restraining defendant from alienating suit property - Pleadings of plaintiff that defendant was not adhering to the terms of agreement to sell and with intent to cheat and defraud the plaintiff he was not performing his part of the contract and was contemplating to sell the..........
Post Office Act, 1898, Section 34, Contract Act, 1872, Section 2(h), 73 -- Post Office - VPP articles - Post Office is bound to deliver the same and receive the value and pay the amount to the sender - If the same is not received by the addressee then to return it to the sender - If Post Office neglects to do so, it commits a breach of contract, for which it is liable to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Tress passer - Cannot get injunction against true owner...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Respondent-estate broker being the owner of the plot in question agreed to sell the same for a specified price to the appellant-complainant - The said transaction held to be a simplicitor sale of an immovable property and not as if the complainant engaged the services of the opposite party for locating a site on..........
Consumer Protection Act, 1986, Section 2(1),(g), Arbitration and Conciliation Act, 1996, Section 35,36,42 -- Insurance claim - Dispute between the parties referred for settlement by way of an Arbitrator - The award passed by umpire and the complainant agreeing to amicably settle the matter by making payment on fulfillment of two conditions by the complainant - Complainant..........
Consumer Protection Act, 1986, Section 2(1),(o) -- Services - No consideration was paid by the petitioner or his deceased wife for the treatment rendered to the petitioner's deceased wife in the military hospital - Doctors attending on her did not charge any fee - Would not mean service within the meaning of clause (o) of Section 2 of the Act...........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o) -- Consumer - Service - Booking of a plot/house - Allotment subsequently cancelled on account of default in payment of the amount as per terms of allotemnt - Complainants are consumers within the meaning of Section 2(1) (d) of the Act and OPs are providing service for consideration within the meaning of Section 2(1)..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Registration fee - Refund - Deficiency in service - Interest - Delay of 6-7 years in refund of registration fee - Award of interest @ 18% p.a. on the amount of deposit made by the claimants by the District Forum upheld...........
Civil Procedure Code, 1908, Order 3, Rule 2, Evidence Act, 1872, Section 118 -- Power of attorney holder - Witness - Can be examined as a witness on behalf of the party - There is no express bar made in the provisions of C.P.C. to debar the power of attorney to be examined as a witness on behalf of the parties to the proceedings. 1998(3) Civil Court Cases 539 (Raj.) not..........
