Housing -- Flat allotment - District Forum vide order partly allowed the complaint of petitioner and directed him to pay instalment amount due to the OP and OPs directed to allot the MIG flat to him - OPs sent letter to the petitioner - complainant to pay Rs. 9,10,750 which was 50% of the cost of the house - Petitioner did not comply with the order of the District Forum..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision of O.8.R.1. providing time for filing written statement is directory in nature - In the instant case defence struck off due to non-filing of written statement within 90 days of their service - Service of all the defendants not complete - No effective proceedings have taken place after the passing..........
Contract -- Cost, Insurance and Freight (c.i.f.) - Free on Board (f.o.b.) - Distinction between C.I.F. and F.O.B. contracts stated...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of - Condonation of delay - There is not much delay in filing of written statement - Delay condoned - Cost of Rs.1000/- imposed...........
Housing -- Plot allotment - Cancellation of plot allegedly for non deposit of developmental charges - The OP has not filed any agreement of sale wherein terms and conditions as to manner of payment of developmental charges as also cost of the plots have been incorporated - Only the membership form has been made basis of contract which does not speak of any power conferred..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of Conjugal Rights - Claim for maintenance by wife - Merely because husband has filed application for restitution of conjugal rights, he is not absolved from payment of maintenance - Considering income of husband and having regard to cost of living maintenance of Rs. 2500/- fixed...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Proviso - Only three opportunities to be given to the party to lead evidence - Evidence closed when party failed to conclude evidence after availing four opportunities - High Court granted one more opportunity subject to the payment of cost - Held, procedural Rules are handmade of justice and cannot be used to thwart the ends..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Laser machine - For medical laser treatment and cosmetic surgery - Cost of the machine more than Rs. 86 lakh - There is no averment in the entire complaint as to how the complainant is a 'consumer' within the meaning of Section 2(1)(d) of the CP Act - There is no averment in the complaint..........
Consumer Protection Act, 1986, Section 2(1)(f) , 14(1)(d) -- Computer hardware - Defective computer - Manufacturing defence - Appellant only provided after - sales service under the terms of warranty - There is no evidence/ document on record to hold that in addition to providing after - sales service, the appellant was responsible for replacing any of the hardware..........
Consumer Protection Act, 1986, Section 14(1) -- Compensation - Corporate entity - Not entitled to compensation for 'mental agony/harassment more so when reasonable interest on the cost of the goods supplied is allowed by way of compensation...........
