Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Setting aside - Upset price fixed by Court taking into account value fixed by Court amin and also relying on sale deeds produced - Objection not taken by J.D. about the value at the time of sale notification or subsequent thereto - Held, value fixed by Court is proper...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - In terms of agreement by respondent with appellant complainant car delivered against full price - The same got not transferred for seven years as the same was accidented vehicle and got released on supardari - District Forum dismissed the complaint after five years holding that it did not fall within the ambit..........
Plot -- Allotment - Change in terms of policy - Estoppel - Once the authorities have invited applications from a category of persons for an exclusive allotment on a fixed price and made allotment on receipt of consideration in the terms of that policy, subsequent change in policy to allot by open auction will not affect the allotments finalised under the existing terms of..........
Plot allotment -- Not giving possession of the allotted plot or in the alternative to give possession of an alternate plot by the OP held be deficiency in service on the part of the OP - OP directed to give to the complainants an alternate plot of the same size on the same price, which was prevalent at the time of allotment - However, no relief of payment of compensation..........
Cold storage -- 1456 bags of potato seeds stored in the cold storage of the OPs - Terms and conditions printed on the back of the receipt providing that the cold storage would work only upto 31.10.1997 and thereafter if the goods were not removed from the cold storage then the OPs shall not be responsible - Same was in the notice of the complainant - Price of the potatoes..........
Essential Commodities Act, 1955, Section 3 -- Failure to put price list or discrepancies in stock - Are technical violations - Confiscation reduced from 50% to 25%...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Respondent-estate broker being the owner of the plot in question agreed to sell the same for a specified price to the appellant-complainant - The said transaction held to be a simplicitor sale of an immovable property and not as if the complainant engaged the services of the opposite party for locating a site on..........
Consumer Protection Act, 1986, Section 21(a),(i) -- Housing - Flat - Delay in allotment - Escalation in price - Complaint - Deficiency in service - Plea of respondent that the Commission has no jurisdiction to go into the question of pricing repelled - OP GDA has not substantiated that the chart given by it showing the escalation in the price is in any way linked or based..........
Consumer Protection Act, 1986, Section 2(1),(r),(g),21(b) -- Unfair trade practice - Fridge - Damage to the back wall of the fridge by rats and it became worthless - The respondent complainant buying the fridge and he was not told that back wall is made of thermocol and he believed it would be of same metal on all sides of the fridge - Findings of State Commission holding..........
Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 -- Housing - Housing-cum-Development Scheme - Plot - Non-allotment of - OP taking the plea that only one plot was allowable in respect of a joint khata - Held that principle of only one plot to one person out of one joint khata is not applicable in the case of the complainant - The case of the..........
