Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Sufficient evidence on record to justify repudiation of claim by insurance company on the basis of exclusion clause - Surveyor was examined as RW1 and his evidence remained un-rebutted - Surveyor's report was evidence tendered by insurance company and there is sufficient evidence to indicate that..........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Commercial purpose - Onus to prove that service was obtained for a commercial purpose is on the service provider - However, standard of proof that has to be met in order to discharge the onus has to be measured against a `preponderance of probabilities...........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Consumer complaint - Commercial purpose - Complainant has not pleaded nor proved that service was obtained for earning his livelihood through the means of self- employment - Onus to prove that service was obtained for a commercial purpose is on the service provider - Unless service provider discharges its onus,..........
Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Insurance - Concluded contract - First Premium Receipt - Containing number of policy and showing next premium date - Receipt would justify drawing of presumption of acceptance of policy and not otherwise...........
Consumer Protection Act, 1986, Section 21(a), 21(b) -- Power under both the provisions are different and distinct - Power u/s 21(b) is very limited...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - In the absence of anything suggesting that the State Commission had acted in the exercise of its jurisdiction illegally or with materially irregularity, interference with an order of State Commission confirming the order of District Forum, in exercise of the limited revisional power u/s 21 (b) of the Act, by NCDRC,..........
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 - Compensation - Factum of negligence on the part of Hospital as well as respondent has not been doubted - National Commission found medical record to testify to presence of needle in the abdomen of appellant - Appellant had suffered pain for more than 5 years apart from case having dragged on for more than a..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Complaint against producer of a movie that contents of promotional trailer are not shown in the movie - Promotional trailer is unilateral and that by itself is not an offer and neither intends to nor can create a contractual relationship - It is only meant to encourage a viewer..........
Consumer Protection Act, 1986, Section 2(1)(r)(1) -- Consumer complaint - Unfair trade practice - Complaint against producer of a movie that contents of promotional trailer are not shown in the movie - Promotional trailer does not fall under any of the instances of "unfair method or unfair and deceptive practice" contained in S.2(1)(r)(1) of the Act that pertains to unfair..........
