Consumer Protection Act, 2019, Section 3, 5, 10, 18, 19, 20, 21, 22 -- Central Consumer Protection Council and Central Consumer Protection Authority - Judicial review - Council and Authority being statutory authorities having clear purpose and objects and vested with powers and functions must act effectively and in complete coordination to achieve preambular object of..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - There is ample evidences as well as records to indicate that there was indeed medical negligence on the part of Hospital and doctor/respondent No.2 - Deceased was 27 years of age at the time of his death - He was a B.Tech graduate and was working in a soap factory - NCDRC..........
Consumer Protection Act, 1986, Section 23 -- Marine insurance policy - Insurance claim - Repudiation - Breach of special condition - Special condition necessitates that the voyage commences and is completed before monsoon sets in - If the condition is to be interpreted strictly, then the assured would be unable to make a claim in case of a marine accident where the vessel..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Quantum of compensation - Surveyor appointed by appellant had assessed damage at a much lesser figure - This assessment was undertaken by respondent's surveyor without putting appellant on notice and without its participation - NCDRC did not independently apply its mind to quantification of claim and blindly..........
Electricity Act, 2003, Section 2(47), 2(15), 2(17), 42 -- Open Acess - Consumer - Jurisdication - Any person who receives electricty from licensee or whose premises are connect to distribution system is consumer - Since distribution licensees operate within state boundaries regulation of open access for consumer falls squarely within state comission jurisdication...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Allotment of flat - Delay of delivery of possession - Petitioner opted for refund of money - A home buyer cannot be compelled to take possession of flat after a long time and petitioner is entitled for refund of entire amount deposited with interest...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Allotment of flat - Delay of delivery of possession - Petitioner opted for refund of money - Interest - National Commission rightly awarded interest @ 9% p.a which is fair and reasonable - Ord er awarding interest @ 15% p.a. by High Court is excessive and set aside...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Tri-party settlement between borrower/flat owners, builder and Bank/lender - Full compliance of terms and conditions undertaken by three parties has been done satisfactorily - Bank had extended discounts, builder had discharged its obligations of payment of its share of pre-EMI and borrowers had discharged..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Complainant having no privity of contract with appellant, cannot be termed a `consumer' under the Act...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Tripartite agreement - Complainant himself, states that appellant would only pay the foreclosure amount out of the total loan amount sanctioned to the borrower to ICICI Bank for or on behalf of borrower towards foreclosure of respondent's loan facility with it - No further liability to pay any amount..........
