Consumer Protection Act, 1986, Section 13 -- Consumer complaint - Written statement - Copy of complaint not supplied to appellant - Foreclosing right of appellant to file written statement set aside - Appellant permitted to file written statement...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - In consumer disputes, value of claim is determined not just by amount deposited but by aggregate relief sought which includes compensation and other claims...........
Consumer Protection Act, 1986, Section 21(a)(i) -- Pecuniary jurisdiction of National Commission - Claim made by complainant was not limited to deposit amount alone but also included compensation for mental agony, harassment and loss of income which brought the total claim well above Rs.1 crore - In consumer disputes, value of claim is determined not just by amount..........
Consumer Protection Act, 1986, Section 24A -- Consumer complaint - Limitation - Allotment of plot - Respondent authority issued reminders to complainant from time to time - Ongoing interactions between parties including respondent's acceptance of part payment in 2019 and reminders sent effectively extended the limitation period - NCDRC rightly applied Ss.18, 19 of..........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Non-delivery of possession - Deficiency in service - Complainant delayed making balance payment for over five years - This delay was largely due to complainant's requests for a waiver of interest, which contributed significantly to delay in finalizing the transaction - Though, complainant is entitled to a..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - Patient complained to the appellant about stomach pain and constipation - However, instead of investigating if a serious problem existed with the patient, appellant merely gave out prescriptions of medicines to deal with the patient's symptoms - More importantly, the..........
Consumer Protection Act, 1986, Section 17 -- Consumer complaint - Unfair trade practice - Joint venture agreement - Construction of dwelling units - Appellants/owners of land entered into agreement with Respondent No.2 and also executed irrevocable power of attorney in his favour and Respondent No.2 on the basis of said documents entered into sale agreements with..........
Consumer Protection Act, 1986, Section 2(7) -- Consumer - Purchase and sale of goods for resale or for commercial purpose is excluded from the purview of definition of `consumer'...........
Consumer Protection Act, 1986, Section 2(7) -- Consumer complaint - Purchase of flat - Flat in question was being purchased by respondent for the purpose of residence of one of its Directors and his family and that the company is a family owned company - Mere fact that respondent/company is a real estate company, it does not mean that the flat was purchased by it for..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Purchase of flat - Deficiency in service - Flat in question was allotted in favour of respondent and delivery of possession was notified by appellant - However, respondent tried to arrange necessary finance and in the meanwhile flat stood reserved/allotted in favour of one `N' - There is confusion of..........
