Consumer Protection Act, 1986, Section 2(1),(g), 24A, Carriage by Air Act, 1972, Article 17 -- Airlines - Deficiency of service - Limitation - Non delivery of consignment weighing 47 Kg. despatched on 11.11.1994 - The Airlines issued their certificate of non-delivery dated 28.4.1992 against the Indian Airlines - Complaint filed on 18.2.1994 against the Indian Airlines held..........
Consumer Protection Act, 1986, Section 2(1),(r),14(1),d) -- Unfair trade practice - Deficiency of service - Compensation - Pack of surf found underweight - Held to be unfair trade practice and deficiency in service - Order of the District Forum granting a sum of Rs. 1,000/- as compensation upheld...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Post Office Act, 1898, Section 48(c) -- Telegraphic money order - Delay of two months in delivery - Held that default of two months in sending the telegraphic money order could also be wilful act - Order of the State Commission directing payment of compensation of Rs. 5,000/- upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff not in possession - No prima facie case - Plaintiff had not acquired any right to seek relief of injunction against the true owner - Injunction rightly refused...........
Consumer Protection Act, 1986, Section 2(1),(d), Delhi Co-operatives Society Act, 1972, Section 60,93 -- Consumer - Deposits - Non payment of by respondent society on maturity to the petitioners who were members of the society - Complaint filed before District Forum against respondent society - Findings by the State Commission that a member cannot be a consumer vis-a-vis..........
Consumer Protection Act, 1986, Section 2(1)(d)(g)(o) -- Deficiency in supply of drinking water - Dismissal of petition in limine holding it to be a public interest litigation - Not proper - Commission to decide whether complainants are `consumers' and whether complaint filed relates to deficiency in `service' - For this an enquiry into facts is necessary - Matter remitted..........
Consumer Protection Act, 1986, Section 2(1),(c) -- Complaint - Maintainability - Complaint filed by appellant a voluntary consumer association relating to the deficiency in supply of drinking water by the respondent Municipal Corporation dismissed in limine by the National Commission by observing that these are not cases of consumer dispute but are in the nature of public..........
Consumer Protection Act, 1986, Section 2(1),(g), Post Office Act, 1898, Section 48 -- Money order - Delay in making the payment on account of the wrong address of payee - There is no allegation of any fraud or wilful act on the employee of the department for delayed payment or money order - In view of specific provision under Section 48 of the Post Offices Act, the..........
Consumer Protection Act, 1986, Section 2(1),(g), Marine Insurance Act, 1963, Section 7, Contract Act, 1872, Section 148,160 -- Insurance claim - Marine Insurance (Cargo) Policy - Loss of three items of precious jewellary covered by policy though sold during the course of the exhibition but not delivered and retained by the Petitioner for exhibition in other cities of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failing to prove his settled long possession - Defendant holding registered sale deed executed 20 years back - Balance of convenience not in favour of plaintiff - Plaintiff will not suffer irreparable injury - Refusal to grant injunction as to his dispossession - Proper...........
