Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Banking service - Cheque - Loss of - Compensation - Held that for recovery of amount of cheque a complaint would not lie under the CP Act - It is only on ground of deficiency in service, a bank can be ordered to pay compensation, but not the entire amount of the cheque...........
Consumer Protection Act, 1986, Section 2(1)(r) , 14(1)(d) -- Banking service - Unfair trade practice - Compensation - Vehicle finance - Motor cycle - Repossession of vehicle - For non payment of two instalments - No notice issued prior to repossession and sale of the vehicle - Presented two post - dated cheques after the repossession of the vehicle - Held to be deficiency..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Education - Admission - NRI seat - Refund of amount - Deficiency in service - Respondent has not attended a single class and has only paid the amount towards NRI quota seat - The appellants - OPs have not placed any evidence on record to state that one seat was lost because of the respondent/complainant have chosen to take..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1956, Section 43, Insurance Act, 1938, Section 64VB -- Insurance claim - Repudiation - The premium was to be paid on or before 28.3.1995 not paid - Grace period of one month expired on 27.4.1995 - The insured died on 1.7.1995 - Cheque issued on 27.6.1995 with late fee by someone else - The cheque was received..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Supply Act, 1948, Section 49 -- Electricity supply - Tariff fixation - Under Section 49 of the 1948 Act the OPs are entitled to set down the terms and conditions for supply of energy - Under these provisions it can frame uniform tariff or conditions of the supply - District Forum has no jurisdiction to interfere..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Warping machine purchased by the complainants for commercial purpose - It suffered the defects during its guarantee period of one year - The complainants held to be well within their right to approach the Consumer Fora under the Act of 1986, they being the consumer in respect of the services..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Defective machine - Deficiency in service - Compensation - Warping machine purchased at cost of Rs. 17,32,640/ - by taking loan from bank - It has some defect other than manufacturing defect - Could not be satisfactorily removed by OP - They could not make its maximum utilization - A sum in Rs. 3 lacs as lump sum..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Jurisdiction of appellate Court - Limited one - Appellate Court should be slow in interfering with the discretion exercised by trial Court in granting temporary injunction - Appellate Court should interfere only if trial Court acted arbitrarily or if its order is contrary to settled principles of..........
Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)(o) -- Complaint - Consumer - Commercial purpose - Electricity connection - Unauthorised use of power - The service in question of use of drill and welding machines was obtained for commercial purpose - It could not be shown that it was so obtained exclusively for earning her livelihood by way of self employment - The..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64 -- Insurance claim - Repudiation - Delay and latches - Insurer took three years in repudiating claim - Cannot be said to be in reasonable period - Deficiency in service - Compensation of Rs. 50,000/ - awarded along with interest @ 9%...........
