Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r) -- Medical negligence - Unfair trade practice - Consent - Surgery - Kidney tumour - Second surgery - Death of patient - The consent of the patient was taken on every occasion which was witnessed by the complainant himself and another witness and as an attendant - OPs have taken due care and followed the correct line..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Housing - Flat - Non delivery of possession - Compensation - In Clause 8.1 of the agreement it was mentioned that the OP would offer possession on or before 30 months from the date of start of construction - OP sent an e - mail to the complainant in which again it was mentioned that the possession would..........
Consumer Protection Act, 1986, Section 2(1) -- Banking service - Letter of credit - Non release of payment - The discrepancies pointed by the OP Nos. 1 and 2 - bank were based on correct application of the instructions contained in UCP 500 - The discrepancies were not removed/reconciled promptly or within the currency of the L.C. - The OP Nos. 1 and 2 have done no wrong in..........
Consumer Protection Act, 1986, Section 2(1) -- Banking service - Letter of credit - Non release of payment - The discrepancies pointed by the OP Nos. 1 and 2 - bank were based on correct application of the instructions contained in UCP 500 - The discrepancies were not removed/reconciled promptly or within the currency of the L.C. - The OP Nos. 1 and 2 have done no wrong in..........
Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Section 34 -- Consumer Forum - Interest - There is no provision for grant of interest in the Act - However interest can still be awarded taking recourse to S.34 CPC to do complete justice between the parties...........
Consumer Protection Act, 1986, Section 21(b) -- National Commission - Revisional power - Revisional power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order and only then, the same may be set aside...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Concurrent findings - Insurance claim - Driving licence - Clearly established by the facts on record that at the relevant point of time driver was holding a valid driving licence to drive the bus - Concurrent findings of facts of two Fora below upset by the National Commission though there was no jurisdictional..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Civil Procedure Code, 1908, Section 34 -- Compensation - Interest - No revision preferred by the appellant against the order of State Commission whereby the amount of Rs. 2,72,517/ - was awarded to him - Hence appellant cannot be awarded enhanced compensation beyond what has been pegged down by the State Commission..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Electricity Supply Code, 2007 - Electricity theft - Raising of demand - It is alleged by respondent in his complaint that appellant No.2 made a demand of Rs.15,000/- as bribe from him when he refused to oblige he gave threats to him that he will put a heavy penalty of theft upon him - Rs.10,000/- given by..........
