Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Plot - Delay in delivery of possession - Interest @ 18% awarded by way of compensation for the delay of delivery in possession - No interference called for - On the cross objection filed by the complainant a token sum of Rs.25,000/- awarded towards compensation to meet escalation in the cost of construction...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Delay in settlement - Held that simple delay without any cause in settlement of the claim by the Insurance Company per se amounts to deficiency in rendering service...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Electricity disconnection - Ground that complaint was committed theft of electric energy - On the written report of Assistant Electrical Engineer in the specific column for signatures of consumer/consumer representatives not obtained - Nor is it mentioned that consumer or his representatives have refused to sign..........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Loan sanctioned for new machines - Allegation of negligence on the part of opposite party in furnishing information to the Joint Director Industries for the grant of a certificate for claiming rebate/remissions in Sales Tax - State Commission dismissed the complaint - Held that the State Commission was perfectly right..........
Consumer Protection Act, 1986, Section 2(1)(g), 21 -- Insurance claim - Repudiation - Deficiency in service - Interest - Policy for compensating any loss of business/profits consequent to the loss of buildings, stores etc. - Claim filed immediately after the fire through telegram - Claim repudiated on 14.11.1986 - On representation the insurance company appointed surveyor..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Buffaloes - Insurance claim - Repudiation - Plea of the complainant that floods came and washed away their buffaloes not specifically denied in the written statement filed by the Insurance company - Investigating Officer not collecting material that whether there were floods on the particular date and if so whether..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) - - Issue of territorial jurisdiction - A mixed question of facts and law - Should be treated as preliminary issue - Sub-rule (2) carves out an exception to sub-rule (1) - Court should decide question of jurisdiction in the first instance - Parties should be allowed to lead evidence if they so desire, before deciding the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell of plot - Sale deed not executed - Possession not given to purchaser - Refusal to restrain seller from making construction on disputed property is proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Market Committee - Advertisement inviting offers for allotment of shops - Injunction retraining Committee from making allotment of shops - Ad interim injunction granted by trial Court and confirmed by High Court - Respondents did not have any concluded right to seek for enforcement against Market Committee - Courts failed..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Res judicata - Issue as to - Question being a mixed question of facts and law, cannot be decided as a preliminary issue - Court below erred in holding that issue of res judicata was a preliminary issue - Impugned order set aside...........
