Consumer Protection Act, 1986, Section 21 -- Jurisdiction of National Commission - National Commission cannot interfere with pure finding of fact arrived at by District and State Commissions while exercising revisional jurisdiction...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Car accident - Damage to car - Car damaged due to accident and also short circuit following the accident - Appellant had a co-passanger at the time of accident and co-passenger needed immediate attention - He was rushed to hospital leaving the car in ditch which caught fire due to short circuit - Appellant was..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Interlocutory application - Final relief cannot be granted by State Commission on an interlocutory application filed in the matter...........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Cancellation - Delay in depositing the amount - National Commission without considering any ground raised by appellant has directed appellant to receive and accept amount from respondent along with interest and handover possession of plot in question - It was respondent who committed default in depositing..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - When reasonable care as expected from a medical professional, is extended or rendered to the patient, unless contrary is proved, it would not be a case for actionable negligence...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Merely because the patient has not responded favourably to the surgery or the treatment administered by a doctor or that surgery has failed, doctor cannot be held liable for medical negligence straightway by applying the doctrine of Res Ipsa Loquitor unless it is established by evidence that doctor failed to..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Deterioration of the condition of patient post-surgery is not necessarily indicative or suggestive of the fact that surgery performed or the treatment given to the patient was not proper or inappropriate or that there was some negligence in administering the same...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - A medical professional may be held liable for negligence only when he is not possessed with the requisite qualification or skill or when he fails to exercise reasonable skill which he possesses in giving the treatment...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Enhancement of compensation - Endoscopic Polypectomy procedure performed on the deceased patient was successful - It was after the procedure that patient suffered cardiac arrest, which led her shifting to other hospital and subsequently to another, where she eventually died - Doctors were negligent in not..........
Consumer Protection Act, 1986, Section 13 -- Consumer complaint - Written statement - Copy of complaint not supplied to appellant - Foreclosing right of appellant to file written statement set aside - Appellant permitted to file written statement...........
