Medical negligence -- Exim laser surgery - Appellant suffering from high myopia - His number of left eye sight was - 12 and of right eye was - 13 - It was brought down to - 5 in both eyes - Complaint on allegation that he was assured that the number shall be brought down to zero - No expert evidence produced by appellant pointing out how and to what extent respondent was..........
Consumer Protection Act, 1986, Section 17(1)(b) -- Complaint - Power of Attorney - Contention that issue regarding maintainability of complaint filed through power of attorney go to the root of the matter be decided first - Since case ripe for final arguments plea repelled by District Forum that it is to be decided along with merits - The impugned order does not call for..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - Occurrence of theft on 17.3.1994 - Repudiation of claim on 24.3.1997 - Complaint filed on 2.12.1997 - Held to be within period of limitation...........
Housing -- Shop cum office - Auction of - Plots auctioned on 'as is where is' basis - Appellant was not bound to level the land where sites were situated - Respondent complainant had no claim - At best appellant is not entitled to charge interest if the default was committed in making payment of instalments by the respondent from the date of allotment till 30.6.2002 when..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Finding of exoneration recorded by Investigating Agency - Cannot be given priority over the finding recorded by a Judicial Court - Order of trial Magistrate summoning additional accused on the basis of contents of complaint, first information report and also substantive testimony of complainant at trial..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Complaint u/s 3(1)(x) of SCST Act - No averment in complaint that accused had knowledge that complainant belongs to Scheduled Caste - Held, unless and until there is a specific averment in the complaint that accused had knowledge that the complainant belong to scheduled caste,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Complaint dismissed - Leave to file appeal dismissed by High Court - Reasons for refusing to grant leave not given - Held, that High Court should have reappreciated the entire evidence on record independently and returned its findings objectively, as regards..........
Consumer Protection Act, 1986, Section 17(2)(A)(a) -- Territorial jurisdiction - Insurance claim - The OPs have a regional office in Chandigarh - Chandigarh State Commission has the territorial jurisdiction to entertain the complaint...........
Cinema hall -- Deficiency in service - Compensation - Torn seats - Failure to provide proper sitting facilities - Rude behaviour of staff - Shirt of the complainant torn as some nails were protruding the seat - Case of the complainant adequately provide/corroborated from the report of the Administration - Complaint allowed - Compensation of Rs. 10,000/ - awarded in place..........
