Consumer Protection Act, 1986, Section 21(a)(ii) -- Revision petition - Maintainability - Against the original order passed by the District Forum, no appeal filed by the petitioner/complainant before the State Commission - The State Commission's order does not modify the order passed by the District Forum - The complainant is estopped from filing revision petition before..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Post Office Act, 1898, Section 6 -- Postal service - Speed post parcel - Not reaching destination - The respondent has not made any allegation of fraud or willful neglect or willful default on the part of any of officials of the appellants - The exemption of Section 6 of the 1898 Act shall apply to the appellants -..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Medical negligence - Compensation - Delivery case - Death of child - Appellants Registered Medical Practitioners only - Not only they handled the delivery case of respondents even when they knew that they were not qualified doctors - They started using the instruments like scissors and other instruments and in..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Pleadings - Defective vehicle - Plea that no pleading by complainant that it was for his self employment - Complainant cannot be non - suited when the mechanic of the OP has specifically stated that the hissa was giving abnormal sound even on the date of sale before other defects came to surface...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Pleadings - Defective vehicle - Manufacturing defect - Plea that the vehicle had been purchased by the appellant for commercial purpose as in the complaint it is pleaded that he had employed a driver and conductor for plying the vehicle in question - Held that ordinarily this plea should have..........
Consumer Protection Act, 1986, Section 2(1)(f) -- Motor vehicle - Manufacturing defect - Hire purchase agreement - Vehicle repossessed by financier and sold on as is where is basis - The vehicle was having manufacturing defect from day one - No direction can be issued to the financier to restore the vehicle of the complainant - Complainant held entitled to the compensation..........
Consumer Protection Act, 1986, Section 2(1)(g) , 3, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) , 13(13) -- Housing - Flat allotment - Possession not given - Bank loan - Default in payment - Petitioner bank took possession of the mortgaged property and sold it and the sale proceeds adjusted against the..........
Consumer Protection Act, 1986, Section 13 -- Practice and procedure - State Commission comparing the signature of the appellant as appearing on the agreement with the admitted signature available in his pleadings and Vakalatnama - Nothing illegal - A Consumer Commission need not always be bound by strict rules of pleadings - Procedure before Consumer Fora is inquisitorial..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Master and servant relationship - Respondent employed appellant on a monthly remuneration who agreed to collect at Delhi the sale proceeds, remit the amount to it for onward payment to the growers of flowers - Appellant was merely an employee on fixed salary etc. - It cannot be said that the respondent was either..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Insurance policy - Policy matured after lapse of 12 years for which complainant had paid annual instalment of Rs. 10,000/ - for 12 years - When period of payment of annuity came LIC came with plea that they had committed calculation mistake and issued wrong policy - Altogether new police issued after..........
