Consumer Protection Act, 1986, Section 23 -- Appeal to Supreme Court - Order passed by National Commission - Insurance claim - National Commission while partly accepting the claim of insured relied upon the second survey report - Insurance company failed to provide any reason that said repot is tainted - National Commission rightly accepted the claim of insured, in the..........
Consumer Protection Act, 1986, Section 2(b), 2(d), 2(m) -- Trust - Consumer complaint by Trust is not maintainable as Trust is not a person and therefore not a consumer...........
Consumer Protection Act, 1986, Section 11, 2(d), Electricity Act, 2003, Section 135 -- Consumer complaint - Theft of electricity - Forum does not have jurisdiction to entertain the complaint in respect of theft of electricity...........
Consumer Protection Act, 1986, Section 12 -- Refusal of encashment of Fixed Deposit (FDR) by Bank - Bank refused to encash the FDR on the ground that it was issued by mistake - However, no action was taken by Bank against its employees who issued such FDR - Appellant on the other hand produced document relating to such FDR which was issued to him by Bank - District..........
Consumer Protection Act, 1986, Section 14(1)(d) -- Deficiency of services - Compensation - Proof of loss or injury suffered by consumer due to negligence of opposite party is sine qua non for entitlement of compensation - Once said conditions are satisfied Consumer Forum would have to decide the quantum of compensation to which consumer is entitled - Computation of..........
Consumer Protection Act, 1986, Section 14(1)(d) -- Deficiency of services - Compensation - Plot - Allotment of plot - Delay in delivery of possession - Compensation towards escalation in cost of construction - Allotment of plot in 1989 but possession given in 2000 - Construction started in 2006 - Award of Rs.15 lakhs towards escalation in the cost of construction as..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Finding recorded by Commission that there was medical negligence on the part of hospital in not taking proper post-operative care of deceased, is based on legal and substantive evidence on record - No interference warranted in the said finding - Appeal filed by Hospital against the same..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Finding recorded by Commission that there was medical negligence on the part of hospital in not taking proper post-operative care of deceased, is based on legal and substantive evidence on record - No interference warranted in the said finding - Appeal filed by Hospital against the same..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
