Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 13(c), (d), (e)(f), 14(1)(d) -- Tamil Nadu Consumer Protection Rules, 1988, Rule 6 - Cement - Defective cement - Unfair trade practice - Procedure - Sample - Testing of sample - Test certificate issued by Regional Testing Laboratory does not disclose that the samples were sent through District Forum - It does not..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Appeal filed 709 days after the judgment and 576 days after the appellant acquired knowledge of the said judgment - The appeal utterly barred by time and not maintainable...........
Consumer Protection Act, 1986, Section 25, 27, Civil Procedure Code, 1908, Section 47 -- Execution proceedings - Application filed by the appellant before District Forum u/s 47 CPC - Held that the provisions of Section 25 and 27 CP Act do not provide for taking recourse to the provisions of Section 47 CPC...........
Consumer Protection Act, 1986, Section 27, 27(3) -- Penalty - The procedure contemplated under the Cr.P.C. for trying cases summarily was not adopted - Without securing the OP and trying him summarily, the conviction and sentence, imposed upon the OP cannot be taken a valid one imposed under law - The order liable to be set aside and a direction given to the District Forum..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Employees Provident Fund 1971 - Employees' Pension Scheme, Para 6A and 12 - Pension - Non grant of - Deficiency in service - Plea that the complainant had less than 10 years of service and denied pension - Conclusion by the District Forum that the complainant's past service was from 1971 to 1995 i.e. 24 years and her actual..........
Consumer Protection Act, 1986, Section 24A, Carriage of Goods by Sea Act, 1925 -- Clause 6 of Article III- Limitation - Plea by respondent - OP that the complaint should have been filed in terms of Clause 6 of Article III of the Act, 1925 within one year and complaint filed after the expiry of one year is barred repelled - Held that the complaint filed by the complainant..........
Consumer Protection Act, 1986, Section 2(g), 2(1)(s), 14(1)(d), Carriage of Goods by Sea Act, 1925 -- Rule 5 of Aricle IV - Carrier service - Deficiency in service - Liability of carrier - Compensation - Delivery of consignment to the consignee unauthorisedly and without instructions from the complainant - consignor by committing forgery in the Bill of Lading - Held that..........
Consumer Protection Act, 1986, Section 21(b) -- Export Credit Guarantee Corporation Policy - Shipments (Comprehensive Risk) Policy - Repudiation of claim - State Commission has taken due cognizance of each of the relevant conditions/clauses of the policy and discussed the status of compliance of each such condition by the complainant in respect of the export of consignment..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Complainant maintainability - Insurance claim - Repudiation - Cause of action arose in May, 1981 before coming into force of CP Act, 1986 - Appellant could have at best filed civil suit against the OP - Bank latest within three years from May, 1981 and at no later point of time - Some observation made by the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Suppression of material facts - For the policy of March, 1997 in the relevant proposal form the deceased and/ or his father, the details of the four policies taken in March, 1994 and March, 1995, which were very much within the period of past 3 years were specifically omitted in reply to item..........
