Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Railways Claims Tribunal Act, 1987, Ss.13, 15 & 28 - Railways Act, S.138 - Refund of excess amount charged as penalty' - Jurisdiction -Plea of the Railways that Consumer Fora has no jurisdiction to entertain the same in view of the provisions of Railways Claims Tribunal Act - Held that the said penalty of Rs.50/-..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Dry Cleaner - Saree - Colour found faded and there were stretches on it - Deficiency on the part of the respondent Dry Cleaner proved - Entitled to 75% of the price of Saree and also entitled to Rs.150/- on account of harassment...........
Consumer Protection Act, 1986, Section 2, 14 -- Air Conditioner - Unsatisfactory performance - Handed over to the appellant for repair after 11 months - Compressed replaced free of charge - Complainant unwilling to collect the air-conditioner - District Forum ordered payment of entire price of Air-conditioner together with interest @ 18% and a sum of Rs.2000/- on account..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10, Constitution of India, 1950, Article 215 -- Contempt of Court - Wilful disobedience must be proved beyond all shadow of doubt - Knowledge about ad interim order cannot be presumed on the basis of bald allegations about its communication to the Counsels for non-petitioners -..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Violation - Proof - The provisions for punishment of violating the order of injunction are to be strictly applied and this should be proved by preponderance of probability - New construction in violation of injunction when commenced to be proved by positive evidence and in absence of such positive evidence,..........
Consumer Protection Act, 1986, Section 2, 14 -- Plot - Allotment order in 1991 - Price of plot deposited - Appellants were unable to deliver a suitably developed plot to the complainant for a period of five years - Order of the District Forum for refund of the price deposited by the complainant along with interest @ 18% affirmed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff seeking injunction restraining defendant from raising construction of building on the part of road which is just in front of his factory - Status quo ordered - Tehsildar directed to go personally on the spot and get land demarcated through Kanungo and Patwari - Tehsildar reported no portion of relevant Khasra has..........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance Policy - Repudiation - Ground that there was concealment of fact regarding the disease at the time of obtaining the policy - Treatment got by insured in the year 1988 - Insured herself in 1993 - Death in 1996 - Not agreed that there was any concealment of facts on the part of the deceased with regard to any previous..........
Contempt of Courts Act, 1971, Section 19(1)(b), 2(c) -- Election petition - Transfer application - Allegations made against the Judges - Ex facie contumacious and scurrilous attack intended to scandilise the Court - Initiation of contempt proceedings against appellant - Justified - Award of imprisonment for a period of three months - Upheld...........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Courier Service - Deficiency in Service - Specific condition prominently printed on the receipt limiting liability to the extent of Rs.100/- - Held that the complainant shall be entitled to the refund of Rs.40/- charges for the transportation of the packet - A sum of Rs.140/- ordered to be paid - Compensation of..........
