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 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 27 , 25, Punjab Cooperative Societies Act, 1961, Section 82(2) , 55(2) -- Society under liquidation - Execution petition - Maintainability - Bar of jurisdiction - Order of the District Forum became final before the society brought under liquidation - Execution petition of the appellant dismissed on the ground that in view of the..........
Consumer Protection Act, 1986, Section 11, Railways Claims Tribunal Act, 1987, Section 13 , 15, Railways Act, 1989, Section 123 , 124A -- Complaint - Bar of jurisdiction - Railways - Untoward incident - Compensation - In view of the bar contained in Section 15 of the 1987 Act claim made in respect of untoward incident, within the meaning of Section 124A of the 1989 Act,..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Clearly stated in the written statement by appellant/OP that its employee accompanied the machine to the factory premises of the complainant at Dehradun, where it was delivered and intended to be installed - District Forum Dehradun rightly repelled the contention of lack of territorial jurisdiction..........
Consumer Protection Act, 1986, Section 11 , 14 -- Telegraph Act, Section 7B - Jurisdiction - Telecommunication Services - Complaint maintainability - There is implied bar to invoke the provision of CP Act in view of Section 7B of the Telegraph Act - The Commission has no jurisdiction to entertain and adjudicate upon the appeal - Appeal dismissed without prejudice to the..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Complaint - Airlines - Complainant had cross - checked the confirmation of his OK ticket from Delhi to Athens at the petitioner/OPs branch officer at Jalandhar - A part of cause of action arose at Jalandhar - Plea that complaint filed at Jalandhar lacks territorial jurisdiction rightly repelled by..........
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..........
