Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Refund delayed - Compensation - Share money from society refunded during the pendency of complaint after a period of more than one year - District Forum held rightly that there is deficiency in service and allowed interest @ 9% p.a...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Respondent-OP acted as a Commission Agent in the transaction of selling paddy of the appellant-complainant - The relationship between the parties was that of a consumer and service provider - In the circumstances the complainant-appellant could competently file the complaint...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction - Dismissal of suit - Subsequent suit for declaration of title and injunction - Not barred U.O.2.R.2 CPC...........
Consumer Protection Act, 1986, Section 2(1),(b),(iv),12(1),(c) -- Joint complaint - If all the aggrieved persons having same interest are before the Forum then notwithstanding that the complaint is filed by more than one persons, no permission under Section 12(1) (c) would be necessary - However, before any such complaint filed jointly by more than one consumers can be..........
Civil Procedure Code, 1908, Section 2(11), Order 21, Rule 32 -- Legal representatives - Decree - Intermeddles of Property - Whether falls within the definition of Legal Representative - Yes - Compromise Decree on the basis of written Compromise - Challenge there of - Objectors not claiming or professing to represent estate of deceased judgment-debtors - Cannot be held as..........
Civil Procedure Code, 1908, Section 2(11), Order 21, Rule 32 -- Legal representative - Definition - Includes persons actually intermeddling with property of deceased - Execution of compromise decree - Objection - No claim of professing not representative of Estate of deceased - Cannot be held as intermeddler - Not bound by compromise decree...........
Civil Procedure Code, 1908, Section 2(11), Order 21, Rule 22 -- Legal representatives - Decree - Legal representative - Includes inter madder and person professing with property - Execution of compromise decree - Objection - Objectors not claiming or professing to represent estate of deceased judgment-debtors - Cannot be held as intermeddler - Not bound by compromise..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office Act, 1898, Section 48 - Postal service - Money order - Remained unpaid for nearly five months - There are no reasons given as to why it was not paid - Section 48 of the Post Office Act held not applicable - Findings of the District Forum holding deficiency in service upheld...........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - The word `consideration' - Consideration means a reasonable equivalent or other valuable benefit passed on by the promiser to promisee or by the transferor to the transferee - Petitioners was the promiser and the complainant the promisee - The benefit of interest was to be passed by the petitioner to the..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Telephone shifting - Delay of ten months in shifting telephone - It amounts to deficiency in service - As loss cannot be measured in terms of money award of token compensation of Rs. 1,000/- held to be quite reasonable and proper in the circumstances...........
