Consumer Protection Act, 1986, Section 2(1)(g), 3, 21(b) -- Maharashtra Protection of Interests of Depositors Act, 1999, Sections 3 and 4 - Alternative remedy - Additional remedy - Deposit - Refund - Findings of fact - Revisional jurisdiction - Contention that parallel criminal proceedings having been initiated against petitioner under 1999 Act proceedings under CP Act not..........
Consumer Protection Act, 1986, Section 13 -- Civil Procedure Code, 1908, Order 19 - Procedure - Affidavit evidence - Discarded by the State Commission on a mere technical ground that the said affidavit was not in conformity with the provisions of Order 19 CPC - Held that the provisions of CPC could not be strictly applied to the proceedings under the provisions of CP Act,..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Condonation of delay - Delay of 124 days in filing appeal - Ground that being a Govt. department the file has to go through different Sections of the department for seeking approval for filing appeal - Due to long official procedure delay of 124 days in filing appeal occurred - The reason stated in the..........
Consumer Protection Act, 1986, Section 24A, 15 -- Limitation - Condonation of delay - Case law discussed...........
Consumer Protection Act, 1986, Section 14(2A) -- Procedure - Judgment by Fora - All the three i.e. the President and both the members have full liberty to write a judgment according to his or her judicial conscience but a member with President's presence on the Bench, has no power to draw a procedure of his own or her own and act capriciously - Without any instructions..........
Consumer Protection Act, 1986, Section 2(1)(g), Sales Regulations of PSEB, 134.5.2.1 -- Electricity bill - Raising of demand of Rs. 1,09,156/ - by Sub Divisional Officer - As per Regulation 134.5.2.1 for MS category connection SDO competent to issue demand upto Rs. 1,00,000/ - The demand raised for Rs. 1,09,156 was not raised by the competent authority, as such, the..........
Consumer Protection Act, 1986, Section 2(1) , 14(1) -- Deficiency in service - Chemistic boxes - While applying the same in water tank with bursting of halogen lamp it caught fire and the labourers working received burn injuries - Brochure not showing instruction to the effect being Chemistice being inflammable - Order of the Fora below allowing compensation of Rs. 25,000/..........
Consumer Protection Act, 1986, Section 21 -- Jurisdiction - Pecuniary jurisdiction - Medical negligence - Exaggerated claim - Substantive loss which consists of pecuniary damages is to the tune of Rs. 2,19,000 only - Non pecuniary loss claimed at Rs. 15,00,000 - Exemplary damages claimed at Rs. 2 crores - Prime facie held to be highly exaggerated claim in so far as the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14, 21 -- Deficiency in service - Sanction of term loan - Non release of loan amount - Respondent at fault for non release of balance loan amount - No deficiency on the part of the appellant - Compensation cannot be awarded when there is no deficiency...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Financial services - Loan - For manufacturing unit - Non release of sanctioned loan - Deficiency in service - Compensation - The loss claimed to be suffered by the respondent for the reason of not being able to start the unit - It cannot be the basis for awarding the compensation specifically when the respondent..........
