Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Car - Defective car - Manufacturing defect - The vehicle started giving trouble within 15 days from the date of its purchase - Despite change of replacement of several parts it again broke down - Entire engine of the car was replaced - Plea by appellant/OP No.1 dealer that he is only dealer and OP No.3..........
Consumer Protection Act, 1986, Section 2 -- Insurance claim - Plea of suppression of material facts and repudiation of policy raised for the first time at the time of filing written statement which is only an afterthought - No evidence on record to support such plea - Evidence on record well considered - Award passed by National Commission, upheld...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Order passed by District Forum on 11.11.2009 but appeal filed on 25.3.2010 - No application for condonation of delay filed and pleaded in the appeal that the impugned order came to the knowledge of the appellant on 2.3.2010 when he was served through bailable warrants by police in execution petition pending..........
Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134 -- Infringement of copyright and trademark - Passing off action - Appellant making application for registration for copyright for mark `Ashika`s Eenadu' similar to `Eenadu' newspaper and TV which is extremely well known and almost household words in the State of Andhra Pradesh - Word `Eenadu' may be a..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Housing - Plot allotment - Deficiency in service - Unfair trade practice - Compensation - OPs are not willing to give possession of the allotted plot to the complainant even in spite of having collected a huge amount from him contending that the same allotted to some other person - Allotment once made in..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Condonation of delay - Delay of 31 days explained and the same held to be bona fide and unintentional one - The application for condonation of delay allowed...........
Consumer Protection Act, 1986, Section 13 -- Housing - Commissioner's report - Plea that Commissioner's report was obtained contrary to law and there is no provision for obtaining a Commissioner's report under the CP Act and very order regarding issuance of a commission to the Advocate Commissioner is void repelled - Held that Section 13 of the CP Act authorizes issuance..........
Consumer Protection Act, 1986, Section 14(2A), 25 -- Housing -Orders of attachment - Single member order - Orders of attachment only a day after the judgment had been pronounced - Held to be unnecessarily a hurried action of the District Forum and unless the parties were given liberty to prefer their appeals and have their rights determined by the State Commission such an..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing - Flat allotment - Cancellation of flat of allottee as she was a defaulter and failed to get the sale deed executed within the stipulated time - Construction company cannot be held guilty of deficiency in service on its part - Since it had been within its right cancelled the allotment order in favour of complainant..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Purchase of Hydraulic Backhoe Loader machine by complainant - Plea by OP that complainant not a consumer and is a big businessman and doing business for earning profit - Transaction entered into between the complainant in his proprietorship capacity - Though complainant has not averred this..........
