Consumer Protection Act, 1986, Section 12 -- Medical negligence - Compensation - In determining compensation in cases of medical negligence, a balance has to be struck between demands of person claiming compensation, as also the interests of those being made liable to pay...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - In cases of deficiency of medical services, duty of care does not end with surgery...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Proceedings before Commission are summary in nature - Complaints involving highly disputed questions of facts or cases involving tortuous acts or criminality like fraud or cheating could not be decided by Forum/Commission under the Act...........
Rent and eviction -- Suit for damages - Tenant is a Consumer Co-operative whole sale stores and as already vacated after paying enhanced amount ordered by High Court in earlier suit for eviction - However, having used premises and considering fact that premises was taken in the year 1980 and enhancement in such cases will be gradual, drastic application of prevailing rent..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation in cases of disablement due to medical negligence is to be awarded keeping in view the pecuniary damages as also the non pecuniary damages like pain and suffering and loss of amenities of life...........
Medical negligence -- Administration of anesthesia - Rejection of evidence of medical expert - Consumer Forums/Courts are at liberty to reject evidence of medical expert on scrutinizing and evaluating relevant evidences and other circumstances in order to adjudicate the appropriate standard of care required in cases of medical negligence arising from administration of..........
Consumer Protection Act, 1986, Section 23, Indian Contract Act, 1872, Section 230 -- Consumer complaint - Defence u/s 230 of Act is available in cases under Consumer Protection Act, by agents of principal with whom complainant had agreement...........
Legal Services Authorities Act, 1987, Section 21 -- Lok Adalat - (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court and as such it is executable by that Court; (2) The Act does not make out any such distinction between the reference made by a civil court and criminal court; (3) There is no restriction on the power of the Lok Adalat to pass an..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 2(1)(o) -- Education - Coaching institute - Deficiency in service - Fee refund - Consumer - Consumer dispute - Plea that the case do not fall within the ambit of the CP Act, 1986 - Complaints were made on specific grounds of deficiency in service before the District Forum - As per Section 2(d)(ii) of the Act, 1986,..........
Electricity Act, 2003, Section 126,135 -- are distinct and different provisions which operate in different fields and have no common premise in law - Provisions of ,Ss. 126 and 135 - S.126 of the Act deals with cases of unauthorised use, even in absence of intention e.g. where a consumer has used excessive load as against the installed load whereas S.135 of the Act is..........
