Consumer Protection Act, 1986, Section 12 -- Consumer - Commercial space already sold at the time of issuance of allotment letter - It is a clear cut case of deficiency of service - Respondent directed to refund the amount of Rs.2,05,000/- along with damages of Rs.50,000/- alongwith interest of 18% per annum payable from 06.12.2004 till payment of entire amount...........
Consumer Protection Act, 1986, Section 23 -- Sale of goods - Liability of Bank - There is no contract between bank and appellants - Bank had carried the consignment and delivered the same as per Bill of Lading - Bank is not liable for deficiency of service as amount was not collected from consignee, as such there was no question of remitting it to the appellants by Bank -..........
Consumer Protection Act, 1986, Section 2(1)(g), 10 -- Deficiency in service - Insurance - Recovery of loss/damage - In the instant case, damage caused to legally constructed building of complainant during demolition drive by Municipal Corporation to remove encroachment and illegal construction - As per insurance company damage caused under orders of Government or any..........
Plot -- Allotment - Deficiencies in the development work - Allottees given possession but without providing basic amenities with the result that allottees could not start construction - This is deficiency of service - Consumer Forum held that PUDA was not entitled to charge any interest prior to providing basic amenities and amount of interest which might have been..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency of service - Compensation - Violation of statutory duties of public authorities - 22 persons drowned in lake while riding boat on account of negligence in plying boat - Boat was overloaded and carrying more passengers - No life jackets were provided to victims - Primary liability of contractor stands established..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency of service - Liability of Corporation - Mere appointment of a contractor or employee did not absolve Corporation of its liability to supervise boating activities particularly when there are express stipulations in contract entered into with contractor - Corporation was not only discharging its statutory duties..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in services - Investment of amount by complainant/university with UTI for betterment of its employees - Stipulation in `terms of offer' that maturity amount will depend on NAV and same was guaranteed not to be below par value of Rs.10 per unit - All investments are subject to market risks and fluctuations and..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Plot allotment - Non providing of requisite facilities - Clearly establish deficiency of service - However, allottee cannot refuse to pay the instalment and thus violating the terms of allotment letter - Order of District Forum whereby it allowed 12% interest per annum on the entire deposited amount after two years from the..........
Consumer Protection Act, 1986, Section 2(1)(b), 2(1)(c), 2(1)(d), 2(1)(o), Electricity Act, 2003, Section 126, 135, 136, 137, 138, 139, 140 -- Unauthorised use of electricity or theft of electricity - Consumer complaint against final order of assessment u/s 126 and against any action taken u/ss 135 to 140 of Electricity Act is not maintainable before the Consumer Forum -..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Housing construction or building activity, private or statutory, involving offer of plots for sale to its customers with an assurance of development of infrastructure/amenities, lay out, etc. - Is a `service' within the maening of S.2(1) (o) of the Act - Any defect or deficiency in such service would make it accountable..........
