Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 26 -- Defective car - Compensation - Frivolous complaint - Plea by OP - Complaint filed alleging defects in very costly car purchased at price of Rs.37 lacs -During a period of about one year, car had broken down several times - Held that respondent failed to give satisfactory service to the complainant which was..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, 11 -- Interim order - Breach of - Defence struck out and interest of defendant in suit property attached - Order of striking out defence passed though no application made U.O.39.R.11 - Order striking out defence set aside - However order of attaching interest of defendant in suit property not disturbed...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim order - Breach of - Interest of defendant in all the suit properties attached - When Court has exercised its discretion in attaching interest of defendant in all the suit properties then defendant cannot be put behind civil prison and can also not be burdened with compensation...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Defendant occupying house as one of the terms of employment without paying any rent or compensation - Wrongful occupation of house after termination of service - Plaintiff not leading any evidence to prove as to what would be the compensation the defendant might have received with due diligence for his wrongful..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(ha), (i), 17, 31, 35 -- Recovery of Debts Due to Banks and Financial institutions Act, 1993, Sections 1(4), (o), 3 and 17(1) - Pecuniary jurisdiction - Held that Debts Recovery Tribunal would have the jurisdiction to entertain an application contemplated u/S.17..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Car - Hire purchase agreement - Seizure of car for non-payment of some monthly instalments -Appellant paid the amount in full and no objection certificate issued by OP but car not returned and sold to third person - Respondent-OP held deficient in service - Directed to refund the price of the car of Rs.1,52,000/- to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inheritance of property by two brothers in equal share by way of Will - Plaintiff claiming to be in possession of room on first floor on portion of his brother - Brother sold out his share - Plaintiff seeking restraint order from demolishing house resulting in demolish of room in his possession on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Ad interim injunction - Local Commissioner - Pending adjudication of ad interim injunction application Local Commissioner can be appointed to note down the physical features of the property in dispute - However, ad interim..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- (as amended effective 15.03.2003) - Consumer - Commercial purpose - The effect of amendment effective from 15.03.2003 would be in prospective relating to entertaining of the complaints - This shall have no application in cases in which final order have been passed at any level of Consumer Forum Hierarchy...........
Consumer Protection Act, 1986, Section 2(1)(c)&(g) -- Insurance claim - Subrogation - Complaint - Locus standi - Respondent No.1 not the third party - The wording used in subrogation in favour of respondent No.2 is `we hereby subrogate to you the rights and remedies' - Special Power of Attorney alongwith subrogation show that the second respondent in this case enjoy the..........
