Consumer Protection Act, 1986, Section 2(1)(f) , 14(1)(d) -- Auto Rickshaw - Defect - Engine defective - Manufacturing defect - Necessary party - Only on account of the fact that the manufacturer was not impleaded the complaint cannot be thrown out...........
Consumer Protection Act, 1986, Section 11 -- Territorial jurisdiction - Cause of action - Medical negligence - Held that cause of action in consumer transactions arises generally at the place where the goods are bought or services are hired, or where the goods are delivered or supplied or services are rendered and the jurisdiction is determined accordingly - Since in the..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Post Office Guide Part II, Clause 107(C) - Registered envelope - Containing foreign currency Demand Draft not reached destination in United Kingdom sent for his son's education by complainant - The complainant had to run from pillar to post in making alternate arrangement - The Postal..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 15(1) -- Insurance claim - Driving licence - Non renewal of - Plea that driving licence not valid on the date of accident - Held that cause of accident specifically pleaded in the complaint - The insurance company instead of specifically contesting the said cause gave vague reply - Cannot be..........
Consumer Protection Act, 1986, Section 2(1)(r), Motor Vehicles Act, 1988, Section 43, Himachal Pradesh Motor Vehicle Rules, 1999 -- Unfair trade practice - Purchase of vehicle pursuant to Advertisement issued by appellants that vehicle Tata Tourin vehicle (Jeep) is approved for being plied as taxi in the State of Himachal Pradesh whereas it was in violation of the MV Act,..........
Consumer Protection Act, 1986, Section 2(1)(r), Motor Vehicles Act, 1988, Section 43, Himachal Pradesh Motor Vehicle Rules, 1999 -- Unfair trade practice - Necessary parties - Purchase of vehicle pursuant to Advertisement issued by appellants that vehicle Tata Tourin vehicle (Jeep) is approved for being plied as taxi in the State of Himachal Pradesh whereas it was in..........
Consumer Protection Act, 1986, Section 11 -- Pecuniary jurisdiction - Plea that since interest has been claimed including that the amount will be more than 5 lacs and beyond pecuniary jurisdiction of District Forum repelled - The complaint is silent about rate of interest and period of interest - Substantial relief claimed below Rs. 5 lacs - Plea of pecuniary jurisdiction..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Extension fee - For not completing building - Building plan submitted by respondent on 2.5.1997 - After three four months minor objections raised thrice which were removed by respondent and the same submitted on 26.10.1998 - Building plan not sanctioned despite removal of objections - Appellant could claim extension fee for..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Multiplicity of proceedings for the similar reliefs is not permissible in law - Option is to the party to elect whether to file consumer complaint or to file civil suit - Once respondent herein chose to file civil suit his consumer complaint should have been thrown out of Forum...........
Consumer Protection Act, 1986, Section 2(1)(f) , 21(b) -- Car - Defective car - Concurrent findings - There was no expert evidence to prove that the vehicle has got any defect - Only minor repairs were carried out and it has not been proved that there was any inherent or latent defect in the engine - The concurrent findings of two Fora below - No case made out by the..........
