Civil Procedure Code, 1908, Order 16, Rule 2 -- Application for summoning witnesses after availing of many opportunities - Rejection of - Suit for possession - Defendant had not averred in written statement that lease was created by way of oral agreement in presence of two witnesses - Many chances were given to defendant to adduce evidence of said two witnesses - He had..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Commercial purpose - Mini offset printing press - Purchase of the machine by the respondent-complainant exclusively for the purpose of livelihood by means of self-employment of his son does fall within the category of consumer...........
Civil Procedure Code, 1908, Section 2(4), Arbitration and Conciliation Act, 1996, Section 2(1), (e), 42 -- Transfer of Arbitration Award - Ordered by District Judge - Transferred to other place - Transfer to civil judge Senior Division - Principal Civil Court of original jurisdiction is District Judge and not Civil Judge (Senior Division), at place `P' - Civil Judge..........
Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint -Maintainability - Complaint filed by "K", alleging himself to be in possession of the house in question regarding which the bills for consumption of water were challenged, on behalf of appellant on basis of Special Power of Attorney - Rejection of complaint by District Forum that complaint filed by an..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Ex parte decree - Setting aside - Fraud - To prove fraud it must be pleaded and proved - To prove fraud it must be proved that representation made was false to the knowledge of the party making such representation or that the party could have no reasonable belief that it was..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Housing loan - Application of the appellants with 50% processing fee to the OP-respondent - Dispute with regard to rate of interest and term period - Plea of OP that complainants are not consumers repelled - Held that the complainants have hired the services of OP for consideration partly paid...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Housing loan - Application of the appellants for loan at an interest of 10.75% p.a. but sanction of loan for 7 years with interest @ 12.25% p.a. which was not acceptable to the appellants - Held that the loan application of the appellants was never processed hence they are entitled to the refund of the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Housing loan - Deficiency in service - Application of the appellants for loan at an interest of 10.75% p.a. under different plan but sanction of loan for 7 years with interest @ 12.25% p.a. under different plan which was not acceptable to the appellants - Nowhere on record that the OP ever offered or..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Act, Section 33(2) - Insurance claim - Compensation - After issue of cover note whatever amount was demanded by the OP that was paid and policy was issued - Held it was absence of good faith on the part of the OP who despite having received the demanded amount did-not adhere to the terms of the..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Locus standi - Consumer - Seeds of Sun flower - Purchase of seed made by respondent No.12 and distributed to respondents 1 to 11 - Crop allegedly failed - Order of the both the lower Forums in treating the respondent Nos.1 to 11 as consumer set aside as there was neither any letter of authorisation in favour of respondent..........
