Consumer Protection Act, 1986, Section 12 -- Deficiency of service - Death by drowning in swimming pool at hotel - Delay in response by lifeguard who was preoccupied with bartending duties - Amounts to direct consequence of negligence...........
Consumer Protection Act, 1986, Section 12 -- Deficiency of service - Death by drowning in swimming pool at hotel - Damages - Considering age of deceased, social status of parties, income of deceased, nature of business, prospects for future earning, loss of companionship for spouse and guidance and support for children, assessment of compensation of Rs.62,50,000/- by NCDRC..........
Consumer Protection Act, 1986, Section 13 -- Consumer complaint - `On admission of complaint' - Meaning - Complaint can be dismissed in limine and its admission can be declined without notice to the opposite party - However, such jurisdiction to dismiss complaint in limine has to be exercised having regard to facts of each case - Since case in hand is not of that nature as..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation in cases of disablement due to medical negligence is to be awarded keeping in view the pecuniary damages as also the non pecuniary damages like pain and suffering and loss of amenities of life...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - No infirmity in finding as to medical negligence - Grant of Rs.Two lakhs compensation and Rs.2.93 lakhs ex gratia amount by State Commission - National Commission enhanced compensation to the tune of Rs.two lakhs - Right arm has to be amputated of appellant aged 45 years - Grant of..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of wife of complainant - Compensation - Deceased was medically compromised by reason of her past illnesses - She was admitted to two other hospitals, post her discharge from respondent no.1/Hospital - Death has been caused by a multiplicity of factors - Reasonable degree of skill, knowledge and care..........
Consumer Protection Act, 1986, Section 12 -- Flat purchase agreement - Delay in delivery of possession - Compensation - Possession was to be delivered inn January, 2014 but was delivered in May, 2016 - Agreement provided for compensation of Rs.3 per sq. ft per month for delayed handing over of possession - Held, jurisdiction of National Commission to award just..........
Consumer Protection Act, 1986, Section 12 -- Flat purchase agreement - Delay in delivery of possession - National Commission can award just compensation and is not constrained by terms of agreement when agreement is one sided and does not provide sufficient recompense to flat purchasers as agreement provided compensation of Rs.3 per sq. ft per month only for delayed..........
Consumer Protection Act, 1986, Section 12 -- Flat purchase agreement - Delay in delivery of possession - Mere fact that flat purchasers moved National Commission in a representative capacity for redressal of their grievances is no justification to deny them possession in accordance with terms of agreement...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Bomb blast in Hotel - Withholding of payment of insurance claim - Claim was duly approved by appellants - There was thus, no reason or justification for appellants to withhold payment to insurance claim once it was approved - More so, it is evident from arbitral award that respondent is entitled to amount of..........
