Consumer Protection Act, 1986, Section 2(d) -- Consumer - Persons buying goods either for resale or for use in large scale profit making activity will not be a consumer entitled to protection under the Act - However, if commercial use is by purchaser himself for purpose of earning his livelihood by means of self employment, such purchaser of goods would continue to be a..........
Consumer Protection Act, 1986, Section 2(d) -- Consumer - Appellants specifically pleaded that they were in search of office space "for their self employment and to run their business and earn their livelihood" and they entered into an agreement to purchase the same from original allottees - Neither this plea nor statement made on oath recorded by Commission belie the..........
Consumer Protection Act, 1986, Section 23 -- Allotment of commercial space - Cancellation of - Possession of premises was agreed to be delivered within 24 months from the date of agreement which undisputedly had not taken place - Receipt of amount of Rs.51,10,117 not disputed by respondents - Respondents not pleaded that commercial space allotted to appellants is ready for..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Permanent disability in left shoulder - Compensation - Allegation that appellant suffered with myositis on account of adverse reaction of vaccination - However, family members of appellant had also taken vaccination and they have no complaint regarding same - No evidence on record brought by appellant that..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Opposite party has right to address final arguments even in the absence of filing its written version against the complaint or non participating in the proceedings...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Adjournment - Opposite party had right to seek an adjournment in order to address arguments on merits even in absence of filing its written version against the complaint or non participating in the proceedings...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Having undertaken to indemnify an insured against possible loss in specific situations, an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profits...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Prawn cultivation - Death of prawns due to white spot disease - Insurance company repudiated the claim basing on wholly unfounded assertion that appellant had failed to maintain and provide proper records - It is not open to insurance company to ignore or fail to act upon certificate or document..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Insurance claim - Repudiation - Insurance was claimed by appellant towards damage caused to stock in cold storage due to leakage of ammonia gas - Leakage of ammonia gas was the outcome of an accident which was not foreseen and beyond the control of appellant and not covered by any of exceptions in..........
Consumer Protection Act, 1986, Section 23, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Second consumer complaint - Withdrawal of earlier complaint by Advocate of complainant on the pretext of the case being prolonged by Advocate of the Insurance Company, without having express instructions for withdrawal of complaint - However, for the fault of Advocate, complainant..........
