Consumer Protection Act, 1986, Section 2(1)(r) -- Airlines - Unfair trade practice - Compensation - Confirmed tickets - Complainants when they went for obtaining boarding passes at Airport they were told that the petitioner Airlines had no traffic rights for that day to go to Delhi from Beijing - Clear misrepresentation of facts and false statements were made by the..........
Insurance claim -- Closing of claim as no claim - Surveyor's report - As against the claim of Rs. 7.30 lakhs the Surveyor assessed net loss only at Rs. 4.33 lakhs - Surveyor also observed that apparently there was no breach of warranty - Investigator appointed by the company only dispute certain bills stating that they were not genuine - No affidavit of the Investigator..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Condonation of delay - Delay of 119 days - Due to renovation in the office of the Counsel for the petitioner the file of the case got mixed up with certain decided files - It was traced in last week of November, 2008 - The reason given held to be neither convincing nor just - Petition liable to be dismissed on the..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) , 14(1)(d) , 2(1)(o) , 2(1)(r) -- Housing - Service - Unfair trade practice - Refund - Rendering service for arranging flat - Entire amount in foreign exchange in the sum of pound 9,500 remitted in 1997 by complainant to appellant for arranging flat - Flat not arranged - Refund of amount ordered by the State Commission -..........
Electricity Act, 2003, Section 126 -- Electricity - Back billing amount - Demand notice - Straightaway issuance of demand notice is not as per law - Board to issue a provisional assessment order containing all the details as to the manner of arriving at the demanded amount and the reason for charging penal rate - Without such details, provisional assessment order itself is..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance police - Insurance claim - Floriculture project - Only 6 poly houses were in existence on the date of filling up of proposal form for insurance policy - Claim for insurance for 9 poly houses - Do not find any error in the conclusion of the National Commission holding that Insurance Policy clearly mentioned the..........
Consumer Protection Act, 1986, Section 17 -- Complaint maintainability - Insured hoardings - Compensation - In the matter of alleged illegal removal of hoardings writ petition and contempt filed against the Municipal Corporation which do not have direct bearing on its claim for award of compensation from Insurance Company - National Commission assigning reason for refusing..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Medical negligence - Patient diagnosed as having Koch's of abdomen - Also diagnosed case of kidney failure and chronic renal failure - Laparoscopy performed upon the deceased - Contention that Tubercular Peritonitis had developed due to laparoscopy - Contention of the doctor that during laparoscopy the direction of the..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Held that provisions of Section 24A is pre - emptory in nature and requires Consumer Forum to see before it admits the complaint that it has been filed within two years from the date of accrual of cause of action - As a matter of law, the Consumer Forum must deal with the complaint on merits only if the complaint..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action to the complainant accrued on June 7,1994 and complaint filed on 5.5.1997 - Neither application for condonation of delay nor any sufficient cause shown - The question of condonation of delay in filing the complaint does not arise - Complaint barred by time and ought to have been dismissed as such -..........
