Consumer Protection Act, 1986, Section 12 -- Disputed questions of facts - Exercise of jurisdiction by Forum / Commission - Proceedings before Forum/Commission summary in nature - Facts are required to be established by documents - Disputed factual questions beyond scope of adjudication of Forum/Commission...........
Consumer Protection Act, 1986, Section 3 -- Railway Claims Tribunal Act, 1987, Sections 13, 15 - Jurisdiction - When a Central Statute bars the jurisdiction of other Court then Section 3 of 1986 Act would not be applicable - Order of the District Forum allowing the complaint with regard to non delivery of booked cartons by Railways to the consignee and grant of..........
Consumer Protection Act, 1986, Section 24A -- Limitation Act, 1963, Section 14 - Limitation - Exclusion of time - Spent in proceedings pursued bona fide in a court without jurisdiction - Truck purchased from respondent dealer from Ludhiana - Allegation of defect - Complaint filed before District Forum in Himachal where neither there is any office of respondent dealer nor..........
Consumer Protection Act, 1986, Section 11(2)(c) -- Territorial jurisdiction - Hire purchase agreement in case of the buses entered at Jalartdhar beyond territorial jurisdiction of the State of Himachal Pradesh - It was also provided that the Courts at Jalandhar shall have exclusive jurisdiction to decide such dispute/differences - Part of cause of action arose in favour of..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction -Deposits - Refund of - Money collected at Bangalore - The OP has its branch office at Bangalore - District Forum at Bangalore held to have the jurisdiction to entertain and decide the complaint...........
Consumer Protection Act, 1986, Section 21(b) -- Revision jurisdiction - Reliefs given by the District Forum where not challenged by the petitioner/complainant before the State Commission - They would be deemed to have attained finality as far as petitioner is concerned - Petitioner wishes to raise an issue which was settled by the District Forum - Held that petitioner..........
Consumer Protection Act, 1986, Section 11 -- Jurisdiction - Consumer Fora - Plot allotment - Cancellation of - Respondent filed appeal before the Authority which was dismissed - Held that respondent could not have legally assailed the validity of the appellate order of the Authority before the District Forum...........
Consumer Protection Act, 1986, Section 15, 17(1)(d) -- Appeal -Condonation of delay - Delay of 337 days in filing appeal - Plea of the appellant that copy of the impugned order was not received by the appellant and it cama to notice after intimation about filing of execution application under Section 27 of the Act - Held that delay has to be condoned in order to avoid..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Employees State Insurance Act, 1948, S.75(3) - Jurisdictional bar - Medical negligence - In performing surgeries - Claim for compensation and medical expenses - Held that main claim for compensation as made by the respondents does not fall in any of the categories enumerated in S.75 of the 1948 Act - Therefore,..........
Consumer Protection Act, 1986, Section 14 -- Order by District Forum -Review - In execution application District Forum allowed the accident benefit claim which was impliedly denied by the Forum - In case of implied denial of accident the person aggrieved has to exhaust remedy of appeal - Remedy of review by District Forum is not recognized by consumer law - It lacks the..........
