Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d), Motor Vehicles Act, 1988, Section 166 -- Motor vehicle - Manufacturing defect - Motor accident - Death of occupants - Compensation - Complaint maintainability - Jurisdiction - Consumer Fora - Merely on the ground of car having broken into two pieces, due to impact of accident, it cannot be presumed that there was..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7 -- B - Additional remedy - Arbitration clause - Bar of jurisdiction - Mobile phone dispute - Held that only the disputes pertaining to the telephone line i.e. landline, apparatus and appliances would be covered and the wireless service like the services being rendered by the cell phone companies will..........
Consumer Protection Act, 1986, Section 2(1) -- Housing - Allotment of house - Plea that that rate of house should be as on the date of application repelled - Plea that house not allotted within a period of two years he is entitled to interest @ 20% on the amount deposited repelled - Respondent - Board in agreement itself has taken liability for a award of interest @6% p.a...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Continuing cause of action - Housing construction - Complaint with regard to leakage of water from the lintel - As per averments of respondent - complainant cause of action arose in March, 2005 and thereafter in September, 2006 when the appellant sent his mason to repair the leakage - After this no written..........
Consumer Protection Act, 1986, Section 21(b) -- Jurisdictional error - Education - Admit card - Non - issuance of - Compensation - Enhancement of compensation from 10,000/ - to 60,000/ - by State Commission in favour of respondent - complainant even without any challenge to the award passed by the District Forum seeking enhancement - Held that when the respondent -..........
Consumer Protection Act, 1986, Section 2(r)(i)to(x) -- Unfair trade practice - Jurisdiction - Consumer Fora - Striking down of the Act or Rules or Clauses of lawful agreement - Housing - Booking of house - Forfeiture clause - On cancellation of booking - Striking down of forfeiture clause by the State Commission - Not the case of the respondent that the petitioner had..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Insurance claim - Repudiation - New documents - Some affidavits procured from some individuals, which the petitioner - Insurance Company claims travelled in the truck on the day of accident - The affidavit cannot be taken into consideration at the revisional stage and have to be ignored as the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Regulatory and Development Authority (Protection of Policy Holders' Interest) Regulation, 2002 - Insurance claim - Repudiation - Respondent - complainant had preferred an insurance claim immediately after the accident - complainant on 12th of May,1996 - Repudiation of claim after a period of nearly two years on..........
Consumer Protection Act, 1986, Section 2(1)(f), 13(1)(c) -- Three wheeler - Manufacturing defect - Inspection report by petitioner - OP not supported by affidavit discarded by Fora below - The complainant did not lead any evidence to prove that there was manufacturing defect - In the absence of any such evidence it cannot be said that there was any manufacturing defect in..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Medical services - Beneficiary - Petitioner hospital entered into an agreement with the Director CGHS to first treat their members on the basis of a credit and thereafter lodge the claim for reimbursement - Plea that respondent - complainant not a consumer - Held that even though the Director CGHS is to make the..........
