Medical negligence -- Compensation - Delivery of child by caesarean operation - Death of the wife of the claimant due to `septic multi organ failure' due to complication which occurred due to cut in right interior epigastic artery which resulted in large collection of blood in abdomen -Earlier to the caesarean operation there was no complaint of any bleeding - The..........
Banking service -- Vehicle finance - Hire purchase agreement - Repossession of vehicle and its sale - Cheque returned for the reason `Not drawn on us' - It was not dishonoured for insufficiency of funds - OP-respondents failed to present the cheque again for collection - No notice prior to re-possession - Pre-sale notice at wrong address - Repossession of the vehicle and..........
Insurance claim -- Market value of vehicle - Depreciation valuation - No clause in the cover note produced dealing with the depreciation value to be arrived at by adopting the market value of the vehicle on the date of loss - The valuation report submitted by the loss assessor whereby they have tried to assess the loss on the market value, as such, cannot be accepted -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Courier service - Deficiency in service - Compensation - Complainant has clearly mentioned the value of the consignment as Rs.4 lakhs and also asked the courier company to insure the parcel - Courier company failed to do so -Consignment did not reach consignee - Findings of the State Commission holding the..........
Consumer Protection Act, 1986, Section 13(2)(1)(a) -- Written statement -Cold storage service - Deficiency in service - Despite giving opportunity petitioner neither filed written statement nor appeared on the date fixed and order passed by the District Forum - Plea of the petitioner-OP that District Forum did not allow them the opportunity to defend repelled - Written..........
Flat -- Agreement to purchase - Inordinate delay in delivery of flat -Respondent asked for refund of amount - District Forum holding deficiency in service and directing the petitioner-OP to refund the amount with nominal interest 4% p.a. - No illegality or jurisdictional error calling for interference in revisional jurisdiction under Section 21 (by of the Act...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Allotment letter of booth issued in April, 1992 - Complaint filed in 1999 alleging deficiency in service - Appellant has not made any correspondent with OP - Neither any application for condonation of delay filed before State Commission nor before the National Commission - The complaint be clearly barred by..........
Shares -- Amount of Rs.67950/- paid by petitioner-complainant to respondent-OP for purchase of 400 share - Shares no handed over to the petitioner when the price of the share was Rs.1300/- and only 100 shares given when the price had fallen to Rs.23/- - Subsequently the price had fallen to Rs.7/- per share - Petitioner entitled to the amount of Rs.67950/-minus Rs.2300/-..........
UTI -- Units - Cumulative Option - M.I.P.,1999 - Less payment made @9.417% instead of agreed 11.30% p.a. by petitioner-OP on ground that payment made pro-rata - Findings of State Commission upheld that Options `C showed that the respondents assured to the investor that the income will be cumulated @ 11.50% - There is no stipulation under Option `C that if the income is to..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Indian Contract Act, 1872, Section 52 -- Housing - Flat - Possession - Delay in delivery -Compensation - The complainant paying instalments in time - Appellant-OP changing the terms of agreement unilaterally which was not acceptable to complainant - Both parties under Section 52 of the Contract Act bound by the..........
