Consumer Protection Act, 1986, Section 24A -- Limitation - Possession of house delivered in 1991 - Complaint filed in 1997 that construction below standard - No expert evidence led - Merely by correspondence the limitation is not at all extended - Complaint held to be barred by time and should have been dismissed...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Nagar Palika - A person who gets amenities from Nagar Palika is not a consumer - If there is any deficiency in the giving of amenities that is not deficiency in service and a case before the Consumer Forum is not entertainable...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Banking service - Cheque - The amount not credited in the account of the complainant and credited after two years after the complaint was filed - Held to be deficiency in service - Order of the District Forum directing the appellant/OP to pay interest @ 12% p.a. on the cheque amount from 15.8.2000 to 8.10.2002..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Sufficient cause - Plea that the appellant Bank was under the impression that the time for filing appeal was 60 days - Held that the reason given is not a sufficient cause for condonation of delay...........
Consumer Protection Act, 1986, Section 27 -- Constitutional validity challenged - Held that parliament has specially enacted Section 27 of the CPA Act so as to give teeth to the provisions of CPA Act - Section 27 including its proviso held constitutionally valid...........
Consumer Protection Act, 1986, Section 27 -- Scope - Held that District Forum, State Commission or National Commission can themselves impose sentence of imprisonment or fine and they need not refer a complaint to the regular criminal court for this purpose...........
Consumer Protection Act, 1986, Section 27 -- Nature and object - Proceedings u/s 27 of the CPA Act are in the nature of proceedings for civil contempt, and their object is to compel obedience of the orders of the District Forum, State Commission or the National Commission...........
Consumer Protection Act, 1986, Section 27 -- Procedure - Only procedure required in proceedings u/s 27 of the CPA Act is that the principles of natural justice should be complied with...........
Consumer Protection Act, 1986, Section 2(1),(f) -- Laser printer - Manufacturing defect - District Forum appointed Expert who reported that there is no manufacturing defect - The problem arose due to lack of knowledge and experience on the part of the appellant complainant to operate the printer - The evidence placed on record by the OP's clearly go to show that the goods..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Commercial purpose - Laser printer - Complainant engaged in other business also - Findings of the District Forum that goods were purchased for commercial purpose and the complainant not saved by the Explanation appended to Section 2(1) (d) (i) of the Act upheld - The complaint held not maintainable under the Act..........
