Plot allotment -- Alternative plot - Delay in delivery of possession - Compensation - Interest - Applied for allotment of a plot in the scheme of 1989 - 90 and offered alternative plot eight years thereafter but that too was not made available - There has been steep rise in the cost of land and construction during the period - Order of District Forum awarding interest @..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Admission - Withdrawal of - A categorical admission cannot be resiled - However, in a given case, it may be explained or clarified - Offering explanation in regard to an admission or explaining away the same depends upon the nature and character thereof It may be that a defendant is entitled to take an..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - It should be substantial question of law and not substantial question of fact - When a question of law is fairly arguable, where the Court thought it necessary to deal with that question at some length and discuss alternative views then the question would be substantial question of law..........
Scooter, Section 2(1)(g), Electricity Act, 1910, Section 26(6) -- Manufacturing defect - From the very beginning the scooter is suffering from various defects/problems - Due to which the complainant has not been able to enjoy the vehicle - Rather he has been compelled to make numerous visits to the premises of the appellants/OPs - The complainant has placed on record the..........
Housing -- Site allotment - Alternative site - The officials of the OP played fraud on the complainant not only to deprive him of the site but also to allot the said site in favour of the person of their choice - Since the person who was allotted the site of the respondent not party to the proceedings allotment of site in his favour not upset - Held that District Forum..........
Consumer Protection Act, 1986, Section 13(2)(b)(ii) -- Ex parte order - Service of summons and the notice by post for which acknowledgement received - If officers of the appellant were negligent in not appearing before the State Commission there was no alternative for the State Commission but to proceed ex parte - On this ground the order passed by the State Commission..........
Evidence Act, 1872, Section 45, 73 -- Disputed signatures - Expert opinion - Court itself can compare the disputed signatures with admitted signatures or it can take the aid of handwriting expert - Original documents cannot be sent to handwriting experts and proper procedure is to permit the handwriting expert to inspect the document in Court premises itself and if..........
Electricity bill -- Burnt meter - Circular No. 13/96 of PSEB - The appellants allegedly taking consumption of more than three years prior to the raising of demand - Circular No. 13/96 lay down that the average consumption for the last three or six months can be made the basis for raising demand or in the alternative the consumption of the same month of the previous year..........
Housing -- Plot allotment - Alternative plot - Price to be charged - Possession of plot not delivered due to protracted litigation - Price of the alternative plot be charged at the rate at which original plot was allotted to complainant - Interest can only be charged if price not paid within 30 days from raising of the demand...........
Motor cycle -- Manufacturing defect - Not rectified by the respondent - Complainant entitled to relief sought for by him - Respondent directed to either replace the Royal Enfield Bullet Bike with a defect free new one or in the alternative to refund the price of the motor cycle to the complainant with interest @ 12% p.a...........
