Consumer Protection Act, 1986, Section 12 -- Housing construction - Possession of house taken and the complainant lived therein for three years - Complaint filed thereafter complaining about the quality of construction - Held that this is not a case of deficiency of service - At best it could be a case of breach of contract or a case made out for damages in civil court -..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Subrogation of right - Insurance company settled claim of consignor for short delivery of consignment - Letter of subrogation executed by consignor in favour of insurance company - Complaint filed by Insurance company claiming compensation from carrier and consignor also joined as complainant - Held that..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Commercial purpose - Both the complainant as well as the respondent who is consignor of the goods are Public Limited Companies manufacturing and dealing in pharmaceutical - The consignment of pharmaceutical goods was consigned for delivery at Lagos through respondents - The services available and rendered were..........
Telephone -- Compensation - Adequacy of - Post Master agent of telephone department who collected the bill did not exercise due care and caution while issuing the receipt for a sum of Rs. 3444/- whereas receipt issued should have been of Rs 8972/- - Telephone disconnected for seven days on the ground of non-payment of arrears of bill - Complainant also slightly negligent..........
Banking service -- Fixed Deposit account - Amount of Rs 9000/- deduced from the complainant account on the ground that money was wrongly overpaid to him on earlier occasion - Both in pass book and in challan Rs 1000/- mentioned as withdrawn by the complainant - There was nothing to show that OP examined all those persons who encashed cheques on that day - They have not..........
Insurance claim -- Repudiation - Interest - Interest awarded to complainant @ 18% p.a.held excessive - Reduced to 12%...........
Insurance claim -- Cost of litigation - Award of Rs.5,000/- to the complainant held excessive - Reduced to Rs 2500/-...........
Claim Manual of LIC, Para II, Section 108,Para,15,Clause,23.2 -- Para II- Para,15,Clause,23.2 - Insurance claim - Missing insured - Intimation in writing given in the year January,1993 itself by complainant wife that her husband is missing and presumption of his death drawn - Held that in view of the provisions in the Claim Manual the appellant LIC should have advised the..........
Consumer Protection Act, 1986, Section 14(1),(d) -- Compensation - The complainant is required to prove the actual loss suffered by him for which the compensation has been claimed...........
Insurance claim -- Repudiated - Breach of condition of policy alleged - Complainant used the car as a tourist taxi and accident took place and it was not informed to the opposite party - Claim rightly repudiated...........
