Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Post Office Act, 1898, Section 6 -- Postal service - Registered envelope - Non delivery of - Contained demand draft - Neither alleged nor established that there was willful act or default on the part of the Department - Even the legal notice sent by the complainant to the Department does not allege any 'wilful'..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - LIC Agent - Not a 'Consumer' within the meaning of Section 2(1)(d)(ii) of the CP Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 126 , 152 -- Electricity bill - Unauthorised use of electricity - Under the Electricity Act, in the case of alleged unauthorised use of electricity, procedure prescribed under Section 126 of the Act is required to be followed - If that procedure is not followed, it is to be highlighted that the..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Punitive damages - TV show - Sponsored programme - Prize money - Cell phone services - SMS service - OPs Star Plus TV and Airtel adopted deceptive practice and permitted offering of prizes by suppressing the fact that the prizes would be distributed out of the collection of amount through SMS -..........
Consumer Protection Act, 1986, Section 2(1)(r), Telecom Regulatory Authority of India Act, 1997, Section 14 , 27 -- Unfair trade practice - Cell phone service - Held that dispute is not between a telecommunication service provider and a group of consumer qua the service which are required to be rendered by that service provider - The dispute pertain to unfair trade..........
Consumer Protection Act, 1986, Section 13(4) -- Commission - Appointment of Court Commissioner - Application for by both the parties for appointment of Court Commissioner to put an end to dispute with regard alleged extra area for which complainant was to pay declined by District Forum - Held that the District Forum has not taken into consideration Section 13(4) of the Act..........
Industrial Disputes Act, 1947, Section 2(oo) , 11A -- Termination - After holding departmental proceedings - The checking of the bus by flying squad is admitted by the workman - The petitioner himself admitted that eight passengers were apprehended - Thus there was no need to examine the passengers - A fair and reasonable opportunity was afforded to the petitioner to cross..........
Stamp Act, 1899, Section 47A(3) -- Provision of section 47-A (3) does not specifically mention that the exercise of powers suo motu is to be done by him or it can also be at the instance of aggrieved party or any other person - Thus, it would be immaterial whether the Collector is moved by the Registrar or any person uninterested, interested or aggrieved...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Court can exercise power u/s 319 Cr.P.C. on an application made to the Court or by the Court suo motu - It is in the discretion of the Court to take an action under the said section and the Court is expected to exercise the discretion judicially and judiciously having regard to the facts and circumstances..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 1910, Section 26(6) -- Electricity bill - There is no allegation of the respondent if the electric meter was tampered with or if the appellant was caught committing theft of electric energy - It was a case where there was difference/dispute as to whether the electric meter is or is not correct - The matter..........