Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - A person availing any service from a bank - He is a `consumer' under the Act...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency on the part of bank alleged that bank credited the proceeds of a joint FD exclusively to the account of his father - There was no claim against the father - Complaint of deficiency of service was against the bank - SCDRC had no justification to relegate the appellant to pursue his claim..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Sketchy pleadings supported by doubtful evidence - Consumer Forum not to allow the complaint...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Deficiency in service - Consumer Forum which has a limited jurisdiction to find out if there was any deficiency in service, could not have allowed complaint on the basis of sketchy pleadings supported by doubtful evidence - Since there was no categorical evidence of any deficiency in service..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Deficiency in service - Delay in processing claim and delay in repudiation could be one of several factors for holding an insurer guilty of deficiency in service, but it cannot be only factor...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Delay on the part of Insurance company in securing Final Survey Report and further delay in issuing letter of repudiation, cannot per se lead to complaint being allowed...........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Liability of allottee to pay maintenance charges - Allottee has to make payment of maintenance charges to association - However, no claim is being raised by such association and such association is not a party to proceedings - More so, nothing on record that builder had authority to represent..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Delay of handing over possession - Builder offered physical possession of flat only on remitting of payments as per statements of accounts - Since the offer for possession was conditional on settling of accounts as accounts reflected illegal demand, there was no valid offer for possession - Order..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Delay of handing over possession - Delayed compensation - Quantum of delayed compensation has been enhanced by builder themselves along with provision for enhancement with respect to delay in payment if made by allottee in taking possession - National Commission in such circumstances, ought not to..........
Consumer Protection Act, 1986, Section 21 -- Policy decision of Foreign country cannot be questioned before Consumer Forum...........