Consumer Protection Act, 1986, Section 2(1)((o), 2(1)(g) -- Charges for MICR cheque leaves - Bank charging unilaterally without prior information or consent of customer - Consumer Forum and State Commission holding it deficiency - Decision of National Commission that it was a matter relating to pricing and not in jurisdiction of Consumer Fora, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - All necessary and material facts should be pleaded by the party in support of its case set up by it - Evidence in absence of pleadings not to be considered - No party is allowed to travel beyond its pleadings...........
Contempt of Courts Act, 1971, Section 2(c)(i) -- Criminal contempt - Two versions of speech published in two newspapers - Appellant denied contumacious statement attributed to him in one newspaper - Without a clear finding based on material on record that version as appeared in one newspaper is correct, it is not possible to uphold the conclusion that the appellant is..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed before the date fixed for execution of sale deed - Subsequent suit for specific performance is not barred U.O.2.R.2 CPC - If plaintiff continues to prosecute the previous suit for permanent injunction after the expiry of date fixed for execution of sale deed even then..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit for injunction and subsequent suit for specific performance - Whether barred by Order 2 Rule 2 - Suit filed for permanent injunction prior to appointed day (date fixed for execution of sale deed) restraining defendant from alienating suit property to any third person - Plaintiff not entitled to file suit for..........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Preliminary decree and final decree, distinction between - Preliminary decree merely declares rights and liabilities of parties, leaves room for some further enquiry to be held and conducted pursuant to directions made in preliminary decree - Final decree is a decree passed after enquiry conducted and rights of..........
Consumer Protection Act, 1986, Section 2(1),(g),21 -- Marine Policy (Cargo) covering `all risks' from `Consignor's Warehouse to Consignee's warehouse' - Insurance claim - Non delivery of shipment covered under the policy - Documents returned to the Bank in India, unretired and goods are nowhere in sight and deemed to have been lost - Not indemnifying the complainants for..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Medical service - In cases of medical negligence and deficiency in service, the complainant hires and avails services of Hospital also and the patient or his attendant is consumer within the meaning of Section 2(1) d) (ii) of the C.P. Act...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Banking service - Consumer - Withdrawal of cash credit limit - Plea of the OP that complainant not a consumer hence complaint not maintainable repelled - Held that the Bank in the instant case also rendered service to the complainant as defined in Section 2(1) (o) and the complainant is a consumer as defined under Section..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Housing - Pricing dispute - `Own Your Home Scheme 85' in Belapur, New Bombay - Demand of additional premium for incremental construction - Brochure or sale deed did not provide for the additional premium - Plea that there is pricing dispute hence it is outside the purview of Consumer Forum repelled - Asking for additional..........
