Consumer Protection Act, 1986, Section 23 -- Home buyers - 90% payment made - Failure to deliver possession in time - National Commission erred in directing that developer shall be entitled to charge interest @ 9% p.a from appellants on the balance amount till date of payment - Judgment of National Commission to that extent set aside...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Keeping the vehicle or article in safe condition in police station is no ground to refuse the release of same to interim custody to rightful owners, otherwise, they would turn into scrap/junk in course of time and it would be wastage of national resources...........
National Green Tribunal Act, 2010, Section 14 -- Citizen approaching NGT with a grievance - Strict yardsticks regarding pleadings which are applied by CPC do not apply - In the instant case Tribunal without holding any inquiry, only by recording a prima facie finding, that no case for interference has been made out, summarily dismissed the application/complaint filed by..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Delay in providing intimation to insurer - Car accident - Accident took place on national highway - Owner immediately requested dealer to shift the vehicle to their garage - Finding of fact recorded by State as well as National Commission that dealer immediately informed the insurer - Moreover,..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Prawn cultivation - Death of prawns due to white spot disease - Insurance company repudiated the claim basing on wholly unfounded assertion that appellant had failed to maintain and provide proper records - It is not open to insurance company to ignore or fail to act upon certificate or document..........
Consumer Protection Act, 1986, Section 23, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Second consumer complaint - Withdrawal of earlier complaint by Advocate of complainant on the pretext of the case being prolonged by Advocate of the Insurance Company, without having express instructions for withdrawal of complaint - However, for the fault of Advocate, complainant..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Reimbursement of medical expenses - Evidence regarding reimbursement of medical expenses was on record in the form of medical bills - Insurance company has not disputed these documents instead contended that there was no evidence on record to show that payment was made - This is not a correct submission or..........
National Highways Act, 1956, Section 3(H) -- Acquisition of land - Compensation - Apportionment of amount - Dispute relating to apportionment of amount determined towards compensation can only be determined by Principal Civil Court of original jurisdiction...........
National Highways Act, 1956, Section 3(H) -- Acquisition of land - Compensation - Apportionment of amount - If any dispute arises as to apportionment of amount or any part thereof or to any person to whom the same or any part thereof is payable, then, competent authority shall refer the dispute to decision of Principal Civil Court of original jurisdiction within the limits..........
National Green Tribunal Act, 2010, Section 19 -- Directions issued by National Green Tribunal (NGT) - Non-compliance with principles of natural justice - Recommendations made by expert committee are not binding on NGT - NGT therefore, cannot pass directions relying on recommendations of expert committee in the absence of there being objections filed by parties and without..........
