Consumer Protection Act, 1986, Section 12, 2(1)(f) -- Consumer complaint - Car - Manufacturing defect - Excessive heat was generated in the car and center hump on the floor over the drive shaft was felt excessively heated as also the left side of the center hump - Such overheating of the surface of hump and overall high temperature in the car was a fault, imperfection or..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Trade practice which for the purpose of promoting the sale of any goods by adopting deceptive practice like falsely representing that goods are of a particular standard, quality, style or model, would amount to `unfair trade practice' within the meaning of S.2(1)(r) of the Act...........
Consumer Protection Act, 1986, Section 12, 2(1)(r) -- Consumer complaint - Unfair trade practice - Defective car - Car in question was not used for commercial purpose - Car met with an accident and none of airbags opened at the time of accident as a result driver suffered grievous injuries - Nothing on record produced by appellants to show that they had disclosed either in..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Sufficient evidence on record to justify repudiation of claim by insurance company on the basis of exclusion clause - Surveyor was examined as RW1 and his evidence remained un-rebutted - Surveyor's report was evidence tendered by insurance company and there is sufficient evidence to indicate that..........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Commercial purpose - Onus to prove that service was obtained for a commercial purpose is on the service provider - However, standard of proof that has to be met in order to discharge the onus has to be measured against a `preponderance of probabilities...........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Consumer complaint - Commercial purpose - Complainant has not pleaded nor proved that service was obtained for earning his livelihood through the means of self- employment - Onus to prove that service was obtained for a commercial purpose is on the service provider - Unless service provider discharges its onus,..........
Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Insurance - Concluded contract - First Premium Receipt - Containing number of policy and showing next premium date - Receipt would justify drawing of presumption of acceptance of policy and not otherwise...........
Consumer Protection Act, 1986, Section 21(a), 21(b) -- Power under both the provisions are different and distinct - Power u/s 21(b) is very limited...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - In the absence of anything suggesting that the State Commission had acted in the exercise of its jurisdiction illegally or with materially irregularity, interference with an order of State Commission confirming the order of District Forum, in exercise of the limited revisional power u/s 21 (b) of the Act, by NCDRC,..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Compensation - In determining compensation in cases of medical negligence, a balance has to be struck between demands of person claiming compensation, as also the interests of those being made liable to pay...........
