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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1)(g), Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1976 -- Regulation 6 - Regulation 6 - Regulation 6 - Flat allotment - Discretionary quota - Petitioner was given 'out - of - turn' and at reserved price/confessional rate a flat by DDA at Delhi - Had this fact been mentioned in the affidavit..........

THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Housing - Plots - Draw of lots - Plea that respondents not issued letter of allotment hence not consumer repelled - Respondent successful in draw of lots and plots were allotted to them - Respondents-complainants competent to file complaint...........

THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH

Year of decision: 2007
Details

Consumer Protection Act,1996, Section 2(1),(g),14(1),(d) -- Plot allotment - Deficiency in service - Compensation - Respondent successful in draw of lots held on January, 1999 - Possession not delivered - District Forum holding deficiency in service and awarding compensation of Rs. 50,000/- for harassment, mental agony and escalation in cost of construction etc. - Held..........

KARNATAKA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Second suit - Where cause of action and the relief claimed in the second suit are not the same as in the first suit, the second suit is maintainable...........

ORISSA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - In absence of any finding with regard to possession, Court cannot pass an order of status quo to be maintained by the parties...........

ORISSA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Even if a party seeking injunction is capable to establish a prima facie case, unless he is in possession of the disputed property, the Court may refuse to grant injunction considering other ingredients such as irreparable loss and balance of convenience...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Reserve Bank of India Act, 1934, Section 2(iv), Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g)(xii) -- Loanees of `Scheduled Bank' cannot claim benefit by invoking Haryana Act of 1989 - Clause XII of Sec. 2(g) excludes the debt due to `Scheduled Bank' from the provision of the Haryana Act of 1989...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g)(vii)(viii) -- Advance of money by `Scheduled Bank' to an Agriculturiest for purchase of Tractor - Excluded from the definition of debt u/s 2(g) of the Act...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g)(xii) -- Haryana Amendment Act No. 6 of 1992 - Debt due to `Scheduled Bank' excluded from the provision of Act - Procedural Law - Exclusion of `Scheduled Bank' from the operation of Act would have retrospective effect...........

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1),(g), Contract Act, 1872, Section 15,16 -- Insurance claim - Discharge voucher - Full and final settlement - Coercion - Undue influence - Amount given to the appellant by respondent accepted as complainant suffered heavy business loss due to non-availability of the claimed amount - He protested within two three days - Cannot be..........

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