Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Damage to machinery - Fire accident occurred during subsistence of policy - Said accident had caused damage to property of appellants including the machinery in question - Report of surveyor shows that fire brigade was called and water was sprayed over machinery which caused damage to..........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), Civil Procedure Code, 1908, Order 1, Rule 8 -- Joint complaint - When similarly placed complainants jointly make complaint seeking very same relief, there is no question of O.1.R.8 CPC being complied with as they do not represent others, particularly when there is no larger public interest involved...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Insurance policy issued in favour of doctors - Consumer complaint against hospital and doctors - Doctors held to be negligent - Insurance company is liable to said extent and in all other respects, hospital shall reimburse the compensation jointly and severally...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Complaint filed by insured has no close or direct nexus with profits generating activity and claim of insurance is to indemnify loss which insured had suffered and thus, insured is a consumer u/s 2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial entity availing its services by insurance company is a "consumer" in reference to the transaction in terms of S.2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay in allotment of flats - Compensation - Dispute between developer and Housing Board over delay of allotment of flats - Arbitrator specifically directed in its award that any amount payable on account of refund, interest or compensation when finally determined by National Commission/Supreme Court would..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Proceedings before Commission are summary in nature - Complaints involving highly disputed questions of facts or cases involving tortuous acts or criminality like fraud or cheating could not be decided by Forum/Commission under the Act...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Burden of proving deficiency in service would always be upon person alleging it...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - There could not be any presumption with regard to wilful fault, imperfection, shortcoming or inadequacy in quality, nature and manner of performance in service as contemplated in S.2(1)(g) of the Act - Burden of proving deficiency in service would always be upon the person alleging it...........
