Consumer Protection Act, 1986, Section 23 -- Deficiency in service - Electricity connection granted after a decade of submitting test report - Appellant suffered hardship and inconvenience as a result of an unexplained delay of one decade on the part of respondents in granting electricity connection - After submission of test report, no further steps were required to be..........
Hindu Marriage Act, 1955, Section 23(2), 13(1)(ib), Family Courts Act, 1984, Section 9 -- Divorce - Omission to make any effort for re-conciliation process - Impugned judgment is illegal on account of non observance of mandatory procedure...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19, 23 -- Domestic violence - Complaint qua i, laws - Husband is already a party in the case - Petitioners are only i, laws of wife and they are living separately - Protection order against i, laws cannot be maintained, particularly when it seems to be false...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23(2) -- Proceedings u/s 12 or S.23(2) of the Act - Evidence by way of affidavit - Court in its discretion can allow evidence on affidavit and permit cross examination to test veracity of the evidence...........
Consumer Protection Act, 1986, Section 23, 2(r) -- Apartment Buyer's agreement - Contractual terms of agreement ex-facie one sided, unfair and unreasonable - Builder cannot seek to bind purchaser with such one sided contractual terms...........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's agreement - Breach of contractual obligation by Builder - Failure to hand over possession of flat to flat purchaser within a reasonable period - Purchaser justified in termination of agreement by filing consumer complaint - Purchaser is thus entitled to refund of entire amount deposited by him with interest...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Consent decree - Separate suit to challenge - Bar to maintainability of suit U.O.23.R.3-A CPC is only with respect to decrees passed on the basis of compromise and not on the basis of consent - There is a mark difference between decree which has been passed on the basis of compromise U.O.23.R.1 CPC vis-a-vis decree passed..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Separate suit to challenge compromise decree obtained on the basis of compromise is not maintainable...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Disclosure of previous insurance policy but without disclosing claims lodged under the previous policy and settlement of that claim in the preceding three years in defiance of a specific clause in the proposal form regarding claims lodged in the preceding three years - Suppression of this fact goes to the very..........
Consumer Protection Act, 1986, Section 23 -- Deficiency in service or restrictive trade practice - Supply of instrument - No commitment of supply of instrument with o, board laundry facility in brochure supplied to appellant - Appellant thus, could not insist on o, board laundry facility, which was never committed to be delivered to appellant along with instrument, nor..........
