Consumer Protection Act, 1986, Section 22A -- Ex parte order - Setting aside of - Application for - Delay of three years in filing of application with application for condonation of delay - Ground that the Counsel did not appear - OP's appear to be not diligent in making inquiries with their Counsel about the progress of the matter - Though OP has not given sufficient..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence by way of affidavit - Defective verification - Verification in affidavit not open to challenge if the witness has been subjected to cross examination and there is no material that any prejudice is caused on account of defective verification...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Electricity connection - For running stone crusher - Commercial activity - Disconnection of supply for non - payment of electricity bill - Complaint before District Forum - Plea of the petitioner that he had taken the electricity connection for running the stone crusher for the purpose of earning his livelihood..........
Mediclaim (Hospitalisation and Domiciliary Hospitlisation Benefit) Policy -- Mediclaim - Repudiation - On ground of pre - existing disease - No evidence produced by the petitioner to show that the respondent was suffering from Chronic Stable Angina since 1993 i.e. 10 years prior to taking of the Mediclaim Policy - Petitioner has not produced the Proposal Form which was..........
Consumer Protection Act, 1986, Section 2(1)(g), 13(4)(iii) -- Crop loan - Compensation - Procedure - Admissibility of documents - The OP No's 1 and 2 had at no point of time denied the genuineness of the documents as also they had refrained from raising any objection at the time of marking Xerox copies of the receipts as exhibits before the District Forum - The documents..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyor's report - Before submitting his claim complainant appointed Surveyor to assess the loss to the factory due to super cyclone and on that basis submitted claim of Rs.40 lakhs and odd - Loss assessed by the Two Surveyors appointed by the Insurance Company Rs. 6..........
Consumer Protection Act, 1986, Section 2(1)(f), 13(1)(c) -- Three wheeler - Manufacturing defect - Inspection report by petitioner - OP not supported by affidavit discarded by Fora below - The complainant did not lead any evidence to prove that there was manufacturing defect - In the absence of any such evidence it cannot be said that there was any manufacturing defect in..........
Evidence Act, 1872, Section 114(g), Civil Procedure Code, 1908, Order 20 -- Fact stated in judgment as to what transpired at the hearing is conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence - If facts so stated are not correct then it is incumbent upon the party to call the attention of the very Judges, who have so..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant on affidavit - Evidence of complainant may be given on affidavit not only during the course of trial but even pre-summoning stage i.e., before issue of process pursuant to S.204 Cr.P.C. - Provision of S.145 of the Act has overriding effect to the contrary provisions in..........
Consumer Protection Act, 1986, Section 13 -- Civil Procedure Code, 1908, Order 19 - Procedure - Affidavit evidence - Discarded by the State Commission on a mere technical ground that the said affidavit was not in conformity with the provisions of Order 19 CPC - Held that the provisions of CPC could not be strictly applied to the proceedings under the provisions of CP Act,..........
