Jurisdiction -- Insurance claim - Allegations of fraud and misrepresentation - This could not have been decided without elaborate evidence and inquiry - It cannot be decided by Consumer Forums - Complaint rightly dismissed by the District Forum with liberty to file civil suit before Court of competent jurisdiction...........
Banking Service -- Alleged embezzlement, misappropriation and fraud perpetrated by employee of bank with many of the accounts holders - The complex and disputed questions involved in the complaints - Cannot be adjudicated in the exercise of summary jurisdiction by the Consumer Fora - The refusal to pay the amount to the complainants by the respondent Bank cannot be said..........
Consumer Protection Act, 1986, Section 11(2),(b) -- Territorial jurisdiction - Purchase of Mahindra jeep from Jabalpur in (M.P.) - Deficiency in service alleged and complaint filed before Varansi District Forum - There are more than one opposite parties with their addresses of different places - They are also carrying on business as per the own mention of the complainant..........
Consumer Protection Act, 1986, Section 3,14, Chit Fund Act, 1982, Section 64(3) -- Chit fund - Jurisdiction - District Forum has jurisdiction to entertain the complaint - Bar under Section 64(3) of Chit Fund Act, 1982, is applicable to civil courts only and not to other redressal agencies like the Forums under the Act...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Vehicle defective - Complainant purchased vehicle on 26.5.1995 - Complaint filed on 12.3.1999 alleging defect after 4 years of purchasing the vehicle - Complaint held to be barred by limitation - District Forum wrongly allowed the complaint, the same being without jurisdiction...........
Consumer Protection Act, 1986, Section 11(2), 14 -- Necessary party - Territorial jurisdiction - Tour and travel - Tour programme booked by first respondent M/s.Cox & Kings (India) Ltd. Chennai - Complaint filed by petitioners alleging deficiency in service at Chennai - Plea of absence of territorial jurisdiction by first respondent and application moved for impleadment of..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),d), Railways Act, 1989, Section 1989, 124A,123(c), Railways Claims Tribunal Act, 1987, Section 15 -- Railways services - Jurisdictional bar - Complainant fell into pit on platform - Sustained injuries - Seeking compensation under CP Act - Contention of OP/railways that Railway Claims Tribunal has the jurisdiction only -..........
Consumer Protection Act, 1986, Section 27 -- Penalties - Bailable warrants - Issuance of by the District Forum - Jurisdiction- In exercise of its power under Section 27 of the Act District Forum issued order of bailable warrants against the Managing Director/ Directors of the Company for securing their presence - Powers of Judicial Magistrate first class have been..........
Limitation Act, 1963, Section 14 -- Complaint filed in Consumer Forum - Finding of State Commission that dispute is not governed by Consumer Protection Act and liberty given to approach civil Court - Held, Consumer Forum is very much a Court of civil jurisdiction and the proceedings before the Consumer Forum are civil proceedings - Period spent in litigation in consumer..........
Consumer Protection Act, 1986, Section 17 -- Pecuniary jurisdiction - Housing - Complaint claiming possession of flat by complainant-purchaser consideration amount of which is Rs. 1,01,565/- as agreed by both parties - Complaint filed in th year 2001 before State Committee - The consideration agreed less than Rs. 5 lakhs thus below pecuniary limit of jurisdiction of State..........
