Negotiable Instruments Act, 1881, Section 138 -- Company - General authorisation by Board of Company to its M.D. to file law suits with further power to delegate its power - Complaint filed by AGM on delegation of power by M.D. - No illegality - Resolution of Board of Directors is not required in each case...........
Doctrine -- Exide battery - Explosion of - Warranty period of one year and battery exploded after running safely for two years - Neither any investigation got conducted by complainant nor respondents OP's informed about the said explosion so as to enable them to investigate into the matter - No evidence produced as to the cause of explosion - Doctrine of res ipsa loquitar..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Commercial purpose - Insurance claim - Subsequent complaint - Settlement of claim by OP at a particular amount to which complainant felt aggrieved - Subsequent complaint filed before the District Forum after the Act was amended w.e.f. 15.3.2003 - According to the amended provisions the complaint in question..........
Negotiable Instruments Act, 1881, Section 138 -- Repeated presentation of cheque within its validity period - Cheque can be presented any number of times before issuance of notice - Complaint can be filed on the basis of cause of action of last dishonour...........
Consumer Protection Act, 1986, Section 2(b),(v) -- Legal representatives - Impleadment of - Complaint filed in the year 2000 - Complainant died on 27.6.2001 but the fact not brought to the notice of District Forum and complaint partly allowed on 13.3.2003 - Appeal filed by appellant/OP on 15.5.2003 - Application filed by son of the complainant/respondent to allow him to..........
Insurance claim -- Complaint - Deficiency in service - Burden of proof - Latches on the part of OPs and absence of OPs would not feed the complainant with necessary armament - Complainant cannot be permitted to gain unlawful gains - Complainant has to satisfy that there has been deficiency in service then alone complainant can hope to succeed...........
Consumer Protection Act, 1986, Section 26 -- Cost - Fraudulent and frivolous complaint for insurance claim - Cost of Rs 5000/- imposed on complainant...........
Consumer Protection Act, 1986, Section 14(1),2(1),(d),(i),(ii), 2(1),(o) -- Electricity supply - Deficiency in service - Non supply of three-phase electricity for 52 days to the petitioner - Preliminary objection by OP that the complaint cannot be adjudicated by the Commission as it does not fall under Section 14(1) of the CP Act repelled - Held that this section deals..........
Consumer Protection Act, 1986, Section 14(1),2(1),(d),(i),(ii), 2(1),(o) -- Electricity supply - Deficiency in service - Compensation - Non supply of three-phase electricity for 52 days to the petitioner a textile unit having 500 KVA three-phase electricity supply connection - Plea of the OP that it is due to some undetectable technical difficulties - Held that complainant..........
Consumer Protection Act, 1986, Section 14 -- Housing - Jurisdiction - Housing - Alleged excess payment - Refund of - Purchase of house on outright basis - Payment made and possession given and sale deed executed - No subsisting contract remained between the parties - If the complainant feels that he has made any over payment not justified and is opposed to the terms and..........
