Consumer Protection Act, 1986, Section 21(a),(i) -- Pecuniary Jurisdiction - Complaint by 199 allottees of Welfare Association a registered body under the Societies Registration Act, 1860 - Preliminary objection that individual allottee of house should approach the appropriate forum in the light of pecuniary jurisdiction repelled - Held that once the complainants have come..........
Consumer Protection Act, 1986, Section 21(a),(i) -- Housing - Flat - Delay in allotment - Complaint - Deficiency in service - Complex question of facts - Preliminary objection regarding repelled - Held that the Commission has only to go into the question of deficiency of service - Other details relate to ensuring adherence to the terms given in the brochure issued by the..........
Consumer Protection Act, 1986, Section 21(a),(i) -- Housing - Flat - Delay in allotment - Escalation in price - Complaint - Deficiency in service - Plea of respondent that the Commission has no jurisdiction to go into the question of pricing repelled - OP GDA has not substantiated that the chart given by it showing the escalation in the price is in any way linked or based..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Biopsy examination got done from the Laboratory of the opposite party No.2 - Not the case of the OP No.2 that they are doing such costly examination free of cost - Complainant held to be consumer...........
Consumer Protection Act, 1986, Section 24,A(1),24A(2) -- Limitation - Complaint instituted in August claiming interest on refund of earnest money refunded on 19.1.1997 - Plea that he submitted representation on 9.1.1999 which revived cause of action and he is having continuing cause of action repelled - Appellant did not move any application before the District Forum..........
Consumer Protection Act, 1986 -- Act provides for an alternative system of consumer justice by summary trial - Authorities exercise quasi judicial powers - Conclusion should be based on reason as it not only introduces clarity but it also excludes the chances of arbitrariness and the higher forum can test the correctness of those reasons...........
Consumer Protection Act, 1986, Section 21 -- Complaint - Dismissal by National Commission being `unrealistic' or `exaggerated' - Claim of Rs.34 lakhs as complainant suffered paralysis in right side of body and illegal removal of kidney due to negligence of doctors treating him - National Commission stating that complainant was receiving salary of Rs.3000/- and complaint..........
Consumer Protection Act, 1986, Section 14, 17, 21 -- Compensation - Quantification - Consumer forums are required to make attempt to serve ends of justice - All relevant factors have to be taken into account and compensation must be assessed on basis of accepted legal principles, on moderation - It is for the Consumer Forum to grant compensation to the extent it finds it..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Telephone bill - Arbitration - Jurisdiction - The consumer disputes forums have jurisdiction to decide disputes involving meter reading or excess billing even when such disputes might be covered under section 7-B of the Act of 1885...........
Consumer Protection Act, 1986, Section 2(1),(r),(g),21(b) -- Unfair trade practice - Fridge - Damage to the back wall of the fridge by rats and it became worthless - The respondent complainant buying the fridge and he was not told that back wall is made of thermocol and he believed it would be of same metal on all sides of the fridge - Findings of State Commission holding..........
