Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Postal service - Speed post envelope - Non delivery of - It contained air tickets -District Forum recorded findings that complainant suffered loss of price of air ticket - Held that findings of District Forum not justified - The complainant by cancelling the Air tickets was entitled to get refund of the amount..........
Consumer Protection Act, 1986, Section 13(3A) -- Additional evidence -Application filed when the District Forum had reserved the matter for judgment - There is time-gap of six years between the filing of written versions and the application for allowing petitioner to file affidavit together with documents - The documents sought to be filed were in possession and power of..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Jurisdiction of Consumer Fora - Civil Court heard the civil dispute and passed a decree in favour of appellant and the decree confirmed by the High Court - The only issue pending is the execution of the decree - In such cases, provision u/S.3 of CPA cannot be invoked - Nothing prevented appellant to claim the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office Saving Bank General Rules, 1981, Rule 17 - Post Office Time Deposit Scheme Interest - Claim for - Amount deposited in the scheme in contravention of rules - Staff did accept deposits but it was against Rule/Law in the subject -Rule 17 does not permit awarding of interest on such accounts - In such circumstances,..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Air tickets -Tour and travel - Complaint - Necessary parties - No money paid by complainant to the travel agent for purchasing the tickets - Relief claimed on behalf of mother and niece but: they were not made parties - The carrier, i.e., Indian Airlines also not made party - Not possible to compensate the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 64 UM - Insurance Claim - Repudiation - Claim on account of sinking of Boat - Information received through anonymous letter prior to sinking of boat that appellant-insured hatched conspiracy for sinking of boat - Facts appeared realistic as boat allegedly sank subsequently - Matter got..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact -Earlier proposal for insurance rejected on account of insured being medically unfit - Fresh proposal submitted and in proposal did not disclose the fact of rejection of earlier proposal on medical grounds - Held that LIC..........
Consumer Protection Act, 1986, Section 2(1)(g), 13, 14(1)(d) -- Refund - Compensation - Commercial space - Amount deposited for purchase -Complaint alleging deficiency in service on the part of respondents in changing area of plot and price and seeking refund - Complaint dismissed by State Commission holding that the dispute raised with regard to various clauses of..........
Consumer Protection Act, 1986, Section 13 -- Cheque - Loss of - Payment not received by appellant-complainant - Complaint filed dismissed by State Commission with observation that the Bank on which the cheques were drawn no impleaded as party and there are large number of questions of facts and relegated complainant to approach appropriate Court - Held that the Consumer..........
Consumer Protection Act, 1986, Section 14(2), 14(2A), 18, 29A -- Himachal Pradesh Consumer Protection Rules, 1988, Rule 14(6) - State Commission -Proceeding of - Without junction of President - Sub-rule (6) of Rule 14 of the 1988 Rules provides for any act or proceedings of the State Commission not to be invalid for reason of existence of any vacancy of the President -..........
