Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Carriage by Air Act, 1972, Schedule II, rule 22 and 25 - Damages - Complainant did not make any averment about the damage caused by any willful misconduct of the carrier which is requirement of Rule 25 - Liability of the Airlines would be under Rule 22 confined to the maximum damage to be valued @ 20 US $ per kg...........
Airlines -- Deficiency in service - Compensation claim - Complainants travelling from Amsterdam to Frankfurt on opposite party's airlines - Alleging presence of broken glass particles in the food served to them during the flight - Remaining without any food for 4-1/2 to 5 hours during their journey - Complainants should be suitably compensated for the tension, anxiety and..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit filed for arrears of rent and subsequent suit filed for damages for unauthorised occupation - Both the suits are based on different cause of action - O.2.R.2 is not applicable and second suit is maintainable...........
Malicious prosecution -- Damages - Reasonable and probable cause to be proved - Reasonable and probable cause means a genuine belief based on reasonable grounds that the proceedings are justified - No action lies for the institution of legal proceedings, however malicious, unless they have been instituted without reasonable and probable cause - Burden of proving absence of..........
Insurance claim -- Fire Policy `A' including risk for damages caused by Floods - Flash flood causing damage to the building and household goods of the complainant - Complainant lodging claim for a sum of Rs.50,900/- towards renovation of building and Rs.25,000/- for loss of household goods and personal effects - Opposite Parties offering a sum of Rs.20,276/- - Complainant..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Drainage system - Allegation that the drainage system provided by OP's was faulty due to improper maintenance and rain water entered his house damaging his valuables and other household articles and claim made for damages - Held that since the complainant did not hire or avail the service for consideration..........
Consumer Protection Act, 1986, Section 14(1),(d), Transfer of Property Act, 1882, Section 3,6 -- Medical Negligence - Legal representives - Right to sue - Transferability of - Complainant filing complaint alleging medical negligence - Dying during pendency of complaint on account of some other cause - Legal heirs continuing with the complaint - Whether right to sue..........
Housing -- Deficiency in service - Sale agreement - Breach of contract - Compensation - OP's did not complete the work within the stipulated period though received a sum of Rs. 5,00,000/- - The OP's held liable to refund the said amount to the complainant with interest @ 20% p.a. from the date of the agreement till payment - OP's further directed to pay Rs. 10,00,000/- as..........
Defamation -- Defendant leader of a Union and member of governing council of hospital emphasised inaction of Government in not enquiring into the charge of misappropriation of Government fund but did not state that plaintiff had committed the misappropriation - Held, defendant is entitled to qualified privilege and thus not liable for damages...........
Consumer Protection Act, 1986, Section 17 -- Pecuniary Jurisdiction - Complainants praying for the award of Rs.6,08,116/- besides a sum of Rs.25,000/- claimed as litigation expenses and damages for harassment - Total amount claimed i.e. R.6,33,116/- is well within the limit of pecuniary jurisdiction of the State Commission...........
