Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Vehicle finance - Service of finance obtained by the respondent-complainant for purchase of two trucks - There is no material to suggest that trucks were purchased by the complainant for earning livelihood by self-employment - The District Forum erred in considering the complainant to be a..........
Consumer Protection Act, 1986, Section 2(1)(f), 13(1)(b), 14 -- Motor vehicle - Manufacturing defect - Expert evidence - Compensation - Vehicle suffered only minor defects in the nature of clutch plate, assembly, tool pump, valve, cylinder, slibs, piston rings etc. - Those cannot be termed as manufacturing defects, especially when the vehicle has been extensively used and..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Electricity supply - Appellant is a service provider which is supplying electricity after charging tariff prescribed by the appellant - Plea that respondent not a consumer repelled...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii)(Prior, -- Consumer - Commercial purpose - Complaint maintainability - Electricity supply - For commercial purpose - Amendment came into force w.e.f. 15.03.2003 and the complaint filed on 9.10 - 2002 - Complaint held maintainable as amendment prospective in operation and not retrospective...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - JCB machine - L&T Case - Respondent No. 1 who categorically stated that the machine was purchased by him to get the hilly portion of the land levelled and machine used ever since it purchase for his personal use and it was not put to commercial purpose - The stand of respondent No.1 remained..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g) -- JCB machine - L&T Case - Manufacturing defect - Respondent No. 1 who categorically stated that the machine was purchased by him to get the hilly portion of the land leveled - Machine having recurring defects - The machine instead of working smoothly was more being attended upon by the appellants and respondent No...........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 19 -- Marine insurance - Fishing boat - Repudiation - On the ground that appellant did not act with utmost good faith and claim lodged false and fabricated - Before the State Commission the complainant did not attempt to rebut any of the grounds cited by the OP Insurance Company in its..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Personal Accident Insurance of Farmers, Farm Labour and Mandi Workers - Contract of insurance - Insurance claim - Repudiation - A clear cut proposal effecting insurance was made by the complainant and in response thereto the OPs expressed explicit and unreserved intention to accept the said proposal and to create complete..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Employee's State Insurance Act, 1948, Section 53 -- Insurance claim - Plea that there is prohibition u/s 53 of the Act 1948 against receiving or recovery of compensation or damages under any other law where the person is covered under 1948 Act repelled - Appellant has not placed any material on record that the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 2(21) -- Insurance claim - Repudiation - Driving licence - To drive Light Motor Vehicle - Laden gross weight of the vehicle which met with an accident is 10,050 kgs. much higher than the prescribed upper limit of 7,500 kgs. under Section 2(21) of the MV Act and it was a medium goods..........
