Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Medical service - In cases of medical negligence and deficiency in service, the complainant hires and avails services of Hospital also and the patient or his attendant is consumer within the meaning of Section 2(1) d) (ii) of the C.P. Act...........
Consumer Protection Act, 1986, Section 17(b) -- Revision - Limitation period - Though no period of limitation has been prescribed for filing a revision petition under the Act, revision should ordinarily be filed within a period of 90 days - Revision filed beyond the period of 90 days from the date of order - Same liable to be dismissed...........
Consumer Protection Act, 1986, Section 12 -- Jurisdiction - Auction purchase - Disputes relating to properties purchased in open auction - Jurisdiction of the Redressal Agencies under the Act not barred...........
Consumer Protection Act, 1986, Section 11 -- Pecuniary jurisdiction - Objection as to - By petitioner - Objection already decided by the District Forum - It was for the petitioner to prove that the wrongful assumption of pecuniary jurisdiction by the District Forum had resulted in consequent failure of justice - In the absence of such averment, objection devoid of merit...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Banking service - Consumer - Withdrawal of cash credit limit - Plea of the OP that complainant not a consumer hence complaint not maintainable repelled - Held that the Bank in the instant case also rendered service to the complainant as defined in Section 2(1) (o) and the complainant is a consumer as defined under Section..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Housing - Pricing dispute - `Own Your Home Scheme 85' in Belapur, New Bombay - Demand of additional premium for incremental construction - Brochure or sale deed did not provide for the additional premium - Plea that there is pricing dispute hence it is outside the purview of Consumer Forum repelled - Asking for additional..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Plot allotment - Plea that since the plot is in Gurgaon and the office of the Chief Administrator HUDA has since been shifted to Panchkula the Chandigarh State Commission has no territorial jurisdiction repelled - The complaint filed on 6.9.2002 by which time the notification of the change of..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Plot allotment - Plea that Clause K of the letter of intent provided that dispute arising of or in anyway touching or concerning the allotment shall be referred to the sole arbitrator - Held that remedy under the C.P. Act is an additional remedy available to the consumer in addition to and not in derogation of..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Educational matter - Industrial Training Institute - Nominal fee of Rs. 15/- charged - Stipend of Rs. 75/- and Rs. 45/- is paid to Scheduled Castes and General category students - Students cannot be said to be consumer rather the appellants are discharging legal functions of the State - Order of the District..........
Consumer Protection Act, 1986, Section 3, Gujarat Co-operative Societies Act, 1981, Section 96 -- Jurisdictional bar - Whether in any dispute between a member and Co-operative Society, the jurisdiction of Consumer Forum is barred by Section 96 of the Gujarat Co-operative Societies Act, 1981? - Held No - Jurisdiction excluded by this provision is that of civil or revenue..........
