Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Banking service - Held that the complainant has failed to honour his commitment in the Letters of Credit and the respondent bank is obliged to remit the amount to the negotiating bank and debit the same to the account of the complainant and is entitled to retain the documents till the complainant places sufficient funds..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Motor Vehicles Act, 1988, S.9(3) - Driving licence - Issued by authorities in U.K. - Only test could have been dispensed with under the aforementioned provisions of the Motor Vehicles Act - But merely the issue of a driving licence by the authority outside India cannot cloth with legal validity - There is no legal..........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Car - Delay in delivery even though price of the car deposited as the motor car of the colour which the complainant wanted not available - Held that the respondent were not competent to deliver a motor car of any colour which was lying with them to the consumer - It is for the consumer to dictate the colour and the..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - J.D. contending that there was a compromise between parties and that a certain sum was paid in full satisfaction of all decrees in different suits in different Courts obtained by D.H. and that therefore the decree in question is fully satisfied - Executing Court rejecting such contention - Held, not illegal - All..........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Banking - Deficiency in service - Bearer cheque - Presented for collection - Dishonoured - Found that a bearer cheque was converted in to an order cheque by some employee of the Bank to justify his misconduct - Held that this obviously was deficiency on the part of the Bank - Appeal dismissed...........
Motor Vehicles Act, 1939, Section 2 -- C(3), 2(19), 2(29), 42 - Contract carriage belonging to one `S' hired by appellant with a driver - Bus in possession and under control of appellant for running on specific route for carrying on hire passengers by appellant and driver was to act under directions of conductor and appellant - Accident due to rash and negligent driving -..........
Civil Procedure Code, 1908, Order 3, Rule 2, Evidence Act, 1872, Section 118 -- Power of attorney holder - He is not entitled to appear as witness on behalf of the party in the capacity of that party - Power of attorney holder of a party can appear only as a witness in his personal capacity and whatever he has knowledge about the case, he can state on oath - If the..........
Consumer Protection Act, 1986, Section 2, 14 -- Plot - Enhanced price - Full payment made at the time of obtaining possession - Enhanced price challenged by certain other plot holders - Civil court reducing enhancement by Rs.5.22 per sq.yards - Decree not complied by HUDA in the case of complainant - Delay of six years in the payment of the amount by the complainant -..........
Consumer Protection Act, 1986, Section 2, 14 -- Deficiency in service - Complaint against a milk dairy owner and the other government functionaries - Grievance of a general nature and public good without specifying the precise deficiency in service on the part of the respondents - For the redressal whereof no definite or specific directions can be issued - Order of the..........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Insurance claim - Repudiation - On the ground that on the date of fire the insurance policy was not in force - Held that since the cheque was issued and sent by post on 05.12.1992 prior in time of the expiry of policy on 08.12.1992 and the fire took place on 31.12.1992, the policy should be assumed to have been revived..........
