Consumer Protection Act, 1986, Section 24A -- Limitation - Amount deposited by complainant on 10.2.1995 in compliance of award of Workmen's Compensation Commissioner - Claim made from OP insurance company and a legal notice also issued on 21.7.1997 - Complaint filed on 3.3.1998 - Plea of the OP that complaint barred by limitation repelled - The cause of action held to be..........
Consumer Protection Act, 1986, Section 3, Workmen's Compensation Act, 1923, Section 31 -- Additional remedy - Award by Workmen's Compensation Commissioner - Plea that he is the appropriate authority to execute the Award against the Insurance Company under Section 31 of the 1923 Act and proceedings under the 1986 Act not maintainable repelled - Findings of the District..........
Consumer Protection Act, 1986, Section 13 -- Procedure - Array of party - Preliminary objection regarding - Under the Act too technical a view of such legal nature that OP has not been arrayed properly cannot be taken - This Act aims at better protection of the Consumer and in the particular case the complainant himself filed complaint without any legal aid...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Preliminary objection by OP that allotment of plot was done on 10.2.1992 and complaint filed in the year 2002 is time barred - The cause of action in the case is the demand of enhanced price raised by OP on 31.10.2001 and the demand for extension fee raised by OP on 24.9.2001 - Held that period of limitation for..........
Plots -- Enhancement of price - Consumer Fora cannot go into pricing aspect - This aspect can only be examined by the Hon'ble High Court in its writ jurisdiction or by a competent civil court under its inherent jurisdiction...........
Consumer Protection Act, 1986, Section 2(1),(g), Indian Electricity Act, 1911, Section 24 -- Electricity disconnection - Defective meter - Inflated bills - Disconnecting the service line of the respondent without referring the disputed bill and defective metre to CEI in violation of provisions of Indian Electricity Act amounts to deficiency in service- Compensation amount..........
Telephone -- Alleged excessive billing - Spurt in calls only after the complainant-appellant had provision of ISD facility - Investigation conducted by department for relevant period found that the calls were correctly recorded - The Exchange is an Electronic Automatic with facility called Dynamic Locking System - The Telephone can be used for STD and ISD facilities after..........
Consumer Protection Act, 1986, Section 2(1),(f) -- Defective cloth - Cloth of suit pant coat found defective - On dry cleaning coat became faded - Order by District Forum for refund of price of suit including stitching charges - Plea that refund of the cloth of pant and its stitching charges cannot be ordered by the District Forum repelled - In case one of the two pant or..........
Consumer Protection Act, 1986, Section 2(1),(f),13 -- Defective cloth - Non joinder of manufacturer - The appellant/OP is the dealer of the cloth from whom cloth purchased by the complaint and not from manufacturer - The appellant has his own remedy of seeking compensation for the cloth from the manufacturer of the cloth of whom he is dealer - Plea of non joinder of..........
Consumer Protection Act, 1986, Section 13 -- Ex parte order - Proceedings under the Act are time bound proceedings - Unless there are cogent reasons for non appearance by the OP before the Fora, the appellant cannot take advantage of his own absence...........
