Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Commercial purpose - Burden to prove that goods purchased or services availed, as the case may be, is for a commercial purpose is on respondent and not complainant...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Transaction out of which complaint arises is regarding a deposit made by appellant with Bank - There is no dispute that such deposit was made and Bank had agreed to pay interest - Thus, to that extent bank is service provider and appellant a service recipient qua Bank's contractual obligation to pay interest..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Banking service - Merely because a fixed deposit receipt earns interest does not mean that banking service availed is for a commercial purpose - However, if deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Maintainability - Banking service - Complaint allegations is that Bank had acknowledged FDR and had accounted for interest payable thereon but instead of releasing maturity proceeds in favour of appellant, it had set up a subsequent contract of pledge of that FDR for according overdraft..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(o) -- Deficiency - Housing construction falls within the ambit of "service" u/s 2(1)(o) of the Act and failure to deliver possession within stipulated period constitutes "deficiency" u/s 2(1)(g) of the Act...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Contractual stipulations cannot curtail statutory jurisdiction of consumer fora...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Compensation - Statute does not impose any embargo on grant of higher or reasonable compensation merely because parties have agreed to a particular clause, especially where such clause is found to be unfair or oppressive...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Compensation - Power of consumer fora to grant just and reasonable compensation for deficiency in service is traceable to statute and cannot be curtailed by contractual terms which operate to detriment of consumer...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Compensation under the Act is remedial and protective in character - Detailed mathematical ascertainment of market decline is not a sine qua non, what is required is that award be just, reasonable and proportionate to delay, deprivation and hardship established on record...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Flat buyer agreement - Delay in delivery of possession - Failure to obtain requisite Occupancy Certificate constitutes deficiency in service, entitling consumers to seek compensation...........
