Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Copier machine - Complainant was doing business in copier machine collecting charges from his clients - It is not established by the complainant that he is not deriving any income from other business, which is admitted in the documents on record - No hesitation in holding that the complainant..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - As per the maintenance contract, the OP are bound to rectify the defect and maintain the system - As the goods were purchased for commercial purpose, and as the services of the OP were hired only for commercial purpose, not open to the complainant to contend that there is deficiency in..........
Insurance claim -- Repudiation - Driving licence fake - Insurer has failed to discharge the burden that the owner employed or permitted a person fully well that he did not have driving licence - Out of two licences possessed by driver one was fake and other genuine - In case any action for keeping two licences is to be taken, it could be against the driver found to be..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banking service - Deficiency is service - Punitive damages - Cheque dishonour - Despite sufficient fund available in the account of the complainant which is owned by State of Bihar - Wrongful dishonour of cheque would result in loss to the petitioner for more than Rs.25 lakhs - For the deficiency in service..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r) -- Insurance claim - Deficiency in service - Unfair trade practice - Surveyors report - They have assessed the loss with regard to each and every item, after deducting the value of salvage and undamaged goods - Considering the exhaustive survey report, there is no reason not to accept the same for assessing the loss -..........
Consumer Protection Act, 1986, Section 2(1)(g), 26 -- Frivolous complaint - Costs - Insurance claim - Repudiation - Cyclone struck Kandla Port at 10.30 in the morning - The goods were already destroyed during that period of storm by noon - The cover note issued at 5.50-6.00 P.M. done through criminal conspiracy by the complainant with officer concerned of OP-insurer - Held..........
Medical negligence -- Post operative lack of care - From the date of discharge from 02.06.1997 to 13.06.1997 the patient did not go to OP doctor and instead chose to go to a Nature Cure Practitioner and then on to physician - Alleged negligence in post operative care is not explained or substantiated by complainant - The OP never refused to see or treat the complainant..........
Medical negligence -- Death of the husband of the complainant during the procedure of Angioplasty - OP doctor a qualified, experienced cardiologist with enough experience in procedure of angioplasty - OP has explained the pros and cons of angioplasty and carried out procedure after due written, explained concern - No expert examined by complainant though a family friend..........
Medical negligence -- Throat blockage - Treatment for - While conducting the tests known as oesophagoscopy due to which some complications of cyanosis and pulmonary edema arose - There was some negligence in conducting the test or treatment as patient died - OP Nos.1 nd 2 guilty for deficiency in service as to the aforesaid limited aspect - A lump sum compensation of..........
Electricity dis-connection -- For non payment of bill for three years - Plea that the bills not paid due to non-receipt of bills - Non-receipt of bills for three years do not absolve the complainant of all the responsibility of paying or inquiring about the charges for 3 years - Reconnection of electricity after 15 days of the payment of bill - OP's directed to pay..........
