Car -- Manufacturing defect - There are 9-10 job cards during the period of 10 months - The defects could not be removed by the authorised dealer and the Service Engineer sent from factory also could not cure the defects to the satisfaction of the appellant-complainant - In such situation warranty period has no meaning nor has it any application - The direction given to..........
Medi Claim Policy -- Reimbursement - Exclusion clause - Under the policy insurer was not liable to pay for congenital internal disease - Complainant suffered since birth from atria septum defect that is gap in the septum separating two atria of the heart - Complainant underwent heart surgery - Insurer not liable to pay under the policy as exclusion clause of the policy..........
Telephone -- Excessive amount - There is no allegation that the telephone of the complainant has been misused - Regarding meter defect there is mere allegation without any proof - Held that the District Forum has got no authority to issue a direction to correct the bill on average basis - The order of the District Forum liable to be set aside...........
Manufacturing defect -- Computer - Manufacturer liability - Dealers liability - OP supplied defective system which requires replacing and repair, it has to be reasonably inferred that the system suffered from manufacturing defects and as such both manufacturer and dealer are jointly and severally liable...........
Consumer Protection Act, 1986, Section 14, (2A) -- Findings of District Forum - Order - Legal lacuna and incorrigible defect - President and the other two members, have come out with two different verdicts one by the President dismissing the complaint and the other by the two other members accepting the complaint- The verdict of the dissenting members is neither rendered..........
Consumer Protection Act, 1986, Section 14(1) -- Defective goods - If District Forum is satisfied that the goods complained against suffer from any defect, then relief can be granted which include return of the price of goods and also compensation to the consumer for any loss suffered - Granting of relief to the consumer does not depend upon whether he should have made..........
Consumer Protection Act, 1986, Section 2(1)(e) -- Defective scooter - The scooter had to be taken for repairs ten time within a period of 7 months - Only 4 job cards placed on record out of ten job cards by the appellants/OP hence adverse inference drawn - Not always necessary for the consumer to give expert testimony, though if he does so it will add the weight of..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Vehicle defective - Complainant purchased vehicle on 26.5.1995 - Complaint filed on 12.3.1999 alleging defect after 4 years of purchasing the vehicle - Complaint held to be barred by limitation - District Forum wrongly allowed the complaint, the same being without jurisdiction...........
L.P.G. -- Gas Cylinder defective - Expert evidence - Burner was tried to be burnt with refilled gas cylinder and it got fire - Household articles of the complainant burnt and injuries to family members - Plea of the OPs' that there should have been expert evidence to judge whether there was any defect in the refilled cylinder or not - Held that it was the duty of the..........
Criminal trial -- Defective investigation - Acquittal solely on account of defect - Not sustainable - In case of defective investigation Court has to be circumspect in evaluating the evidence...........
