Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Child aged 2-1/2 years underwent minor surgery - Soon after operation was over, child developed respiratory distress and as a consequence thereof he has been reduced to a vegetative state, from which he has not recovered - Failure to take adequate precautions establishes a clear case of..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - Finding of Medical Council of India is on record that while treatment was administered to patient, she did not receive timely treatment - In failing to provide medical treatment in accordance with medical guidelines, respondents failed to satisfy standard of reasonable care..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of no, working spouse - Compensation - In computing compensation payable on death of a home maker spouse who is not employed, Court must bear in mind that contribution is significant and capable of being measured in monetary terms...........
Consumer Protection Act, 1986, Section 23 -- Deficiency in service - Equity linked insurance plan - LIC held on the moneys wrongfully for five years - Omission to refund deprived appellant the use of his money - Mere direction for payment of interest at 12% per annum on the principal amount will not provide sufficient address - An additional amount of Rs.2,00,000/-..........
Consumer Protection Act, 1986, Section 27 -- Penalty - Default committed by Society - Order of imprisonment cannot be passed against Secretary of Society for the default committed by Society in the absence of personal liability imposed on Secretary...........
Consumer Protection Act, 1986, Section 2, 12, Arbitration and Conciliation Act, 1996, Section 8 -- Consumer complaint - Arbitration agreement between parties - Dismissal of application filed u/s 8 of Arbitration Act - Order upheld - Consumer complaint can be proceeded with despite there being an arbitration agreement between the parties...........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), 12(1)(c), 13, Civil Procedure Code, 1908, Order 1, Rule 8 -- Numerous consumers having same interest - Complaint - Where there are numerous consumers having the same interest a complaint can be filed with permission of District Forum, on behalf of, or for the benefit of all consumers so interested - It is O.1.R.8 CPC..........
Consumer Protection Act, 1986, Section 23 -- Allotment of flat - Delayed delivery of possession - Transfer of interest by original allotee - Transfers were effected within family where members were living together - Complaint by subsequent transferees held, maintainable...........
Consumer Protection Act, 1986, Section 23 -- Allotment of flat - Delayed delivery of possession - Interest - Deficiency in service - Appellant explained some of delayed period on the ground of re-submission of plans and taking fresh NOC in respect of fire safety permission which was justified - Thus, out of period between August 2014 till November 2016 appellant would be..........
Consumer Protection Act, 1986, Section 23 -- Allotment of flat - Delay in handing over possession - Compensation/interest - Agreement provided for delivery of possession by 31.10.2013 - Delay occurred because of various legal impediments in timely completion of project - Builder held, liable to pay interest to purchaser by way of compensation - Delay ought to be computed..........
