Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Insurance claim - Repudiation - Ground that the vehicle was used by the hospital only for carrying blood samples which is not permitted under the policy - Opposite parties failed to prove that the vehicle was being used for commercial purpose - Repudiation of the claim not justified - It is..........
Civil Procedure Code, 1908, Order 13, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 2 -- Document - Not mentioned in written statement - Not a ground to refuse to take the document in evidence - Pleadings must be a concise statement of the material facts - O.6.R.2 CPC prohibits any reference to evidence, by which the material facts are to be proved...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Title deed not of much use in such matters...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Title deed not of much use in such matters - Pahanies two years prior to the suit filed - Contention that Panchayat Secretary not competent to issue the same - Their evidentiary value can be ignored only if defendant comes forward with any better or more reliable documents - Defendant..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Provision of O.2.R.2 do not apply where there are different cause of action under the same contract...........
Consumer Protection Act, 1986, Section 2(1)(c)(i), (iv) -- Complaint - Maintainability - Charging of the excess excise duty which is fixed under the law - Held covered by Section 2(1)(c)(iv) of the CP Act, 1986 - On this ground the complaint is maintainable...........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(f) -- Unfair trade practice - Excise - Refund - Cost - Where the excise duty payable under the Excise Act, if not paid by the manufacturer or the dealer, are they entitled to recover it from the customer/consumer? - Question answered in negative -Excise duty is fixed under the law and not by the agreement of the parties..........
Consumer Protection Act, 1986, Section 2(1),(g),2(1),(r),14(1),(d) -- Airlines - Unfair trade practice - Deficiency in service - Compensation - Complainant a doctor aged 72 years who was recently operated for By-pass surgery purchased ticket of 'J' Class in respondent Airlines for to and fro journey from Mumbai-London-New York - His seat belt was not in operation - His..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Post Office Rules, 1933, Rule 66B - Postal Service - Speed post - Letter inviting complainant for appearing in interview reached after 9 days - Rule 66B, condition No.(5) inserted by notification dt. 21.01.1999, providing for compensation double the amount of composite speed post charges or Rs.1,000/- whichever is..........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Telegraph Act, 1885, Section 7(B) - Telephone Bill - Quantum dispute - Arbitration -Jurisdiction lies with the competent authority u/s 7(B) of 1885 Act - Not always possible for the Consumer Forums to sift through the evidence of the calls made, identification of the parties to whom the calls were made - No infirmity in..........
