Consumer Protection Act, 1986, Section 2(1)(g), 13(1)(c) -- Scooter - Manufacturing defect - Engine giving noise and starting problem which had continued even after the repairs of the defects by the appellant - There was no technical report of any expert as per provisions of Section 13(1)(c) of the Act - It cannot be held that there was any manufacturing defect - Findings..........
Consumer Protection Act, 1986, Section 13(1),(c) -- Practice and procedure - Cement defective - Mere bald assertion of defectiveness not acceptable - Absence of producing the sample in the court for further test in laboratory as per Section 13(1) (c) - Also absence of any expert evidence that poor quality of construction due to bad quality of cement - Plea of defective..........
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..........
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..........
Consumer Protection Act, 1986, Section 13(4) -- Banking service - Cheque - Handwriting expert - Fraudulent payment made by respondent bank on cheque allegedly having forged signatures - OP relied upon the Report of Handwriting Expert of its choice - Application of petitioner/complainant for referring the matter to Government Handwriting Expert rejected by the District..........
Electricity supply -- Non supply of - Damage to crop - Transformer got burnt allegedly due to providing of the illegal connections to others resulting in higher load - Complainant neither specified as to who are the persons who have been given connection beyond capacity nor examined any expert to substantiate his contention that transformer was utilized over capacity and..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Possession of house delivered in 1991 - Complaint filed in 1997 that construction below standard - No expert evidence led - Merely by correspondence the limitation is not at all extended - Complaint held to be barred by time and should have been dismissed...........
Consumer Protection Act, 1986, Section 2(1),(f) -- Laser printer - Manufacturing defect - District Forum appointed Expert who reported that there is no manufacturing defect - The problem arose due to lack of knowledge and experience on the part of the appellant complainant to operate the printer - The evidence placed on record by the OP's clearly go to show that the goods..........
Consumer Protection Act, 1986, Section 2(1),(g),17 -- Medical negligence - Remand of case - Dismissal of complaint by State Commission inter alia holding that no expert examined and no medical literature produced - Plea of the appellant complainant that literature produced by her not referred to upheld - No record of cross-examination on record - Matter remanded to State..........
Consumer Protection Act, 1986, Section 13,14 -- Seeds defective - Report of the expert committee that there was defect in seeds hence there was no germination - Allowing of claim by the District Forum and ordering them refund of the cost of seeds, compensation and cost on the basis of expert's report upheld...........
