Housing -- Deficiency in service - On part of the respondents in their performance of the agreement for architectural services, structural consultancy in respect of twenty flats of member of the complainant society - The society did not convincingly establish its allegation that the various defects mentioned in the complaint were all attributable to the respondents -..........
Insurance claim -- Surveyor's report - Loss assessor and surveyor appointed by the OP had scrutinized and concluded that as per verification and details of loss sustained by the vehicle was Rs. 22,191 - Held that the survey report an important document was brushed aside erroneously by the District Forum - Impugned order dismissing the complaint liable to be set aside -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings cannot be quashed merely for the reason that arbitration proceedings are pending - There can be no bar to the simultaneous continuance of a criminal proceeding and a civil proceeding if the two arise from separate cause of action - Order of High..........
Banking service -- Withdrawal of amount - On presenting cheque - Case of complainant that neither she applied for cheque book nor her signatures are on the cheque - Case of the appellant that it is complainant who signed the application for cheque book and the cheque and payment made with her full knowledge - Though a case of oath against oath yet case of complaint allowed..........
Criminal Procedure Code, 1973, Section 482, 190, 156, 200, 202 -- Inherent jurisdiction - On conjoint reading of provisions of Ss. 156, 190, 200 and 202 Cr.P.C., case which is exclusively triable by a Sessions Judge instituted on complaint, Magistrate is competent and empowered to pass an order for investigation by police even before taking cognizance of the offence -..........
Medi -- Claim policy - Insurance claim - Repudiation - Ground of suppression of material fact - Clear admission by the complainant about his past illness, which he did not disclose in the proposal form and which was the material for the issue of medi - claim policy - Complaint liable to be dismissed...........
Consumer Protection Act, 1986, Section 1(m) -- The word 'person' - Plea that the Central Government or State Government did not come within the definition of word 'person' as defined in Section 2(1)(m) hence impliedly excluded from the provision of the CP Act and complaint not maintainable against the Government repelled - Held that the Department of Telecommunications is..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - 7 flats booked by complainant and her family - Respondent - complainant failed to indicate any acceptable or logical reason to confirm that these flats were actually needed by the family for the living of its members and not for sale - The complainant held not a consumer as defined in Section..........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 482 -- Complaint u/s 500 IPC as complainant was discharged in a criminal case u/s 167(5) Cr.P.C. - Allegations made in the complaint making out a case for proceeding against the accused u/s 500 IPC as thereby imputation concerning the respondent had been made intending to harm or knowing or having..........
Medical negligence -- Surgery - Ear ailment - Without CT Scan as complainant refused to get the CT scan of the head - There is no expert evidence that the appellant had acted negligently in performing operation alon gwith anaesthetist - There is expert opinion which again established that there was no fault or medical negligence on the part of appellant - It appears that..........
