Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Car booking - Misappropriation of amount - Complicated questions of fact - Summary jurisdiction - Simply because the complainant had lodged the complaint with the police and the police had sent the cancellation report does not come in the way of the District Forum to decide the complaint - The conclusion drawn by..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Scooter booking - Non delivery of despite deposit of full amount - Mismanagement in appellant society offered as explanation to justify the delay - Order of the District Forum directing refund of money to respondent upheld - Since payment not made within two months from the date of Judgment liable to pay interest @ 12% p.a...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Quantum dispute - Surveyors report - It has to be given due weightage - Since the case involves the quantum dispute, which involves a detailed investigation, which cannot be dealt in the summary proceedings under the CP Act - The petitioner shall be free to either..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(21) , 3 , 10 -- Insurance claim - Own damage claim - Transport vehicle - Driving licence - Tractor trolley was a commercial vehicle registered as transport vehicle - Driver having licence of LMV and no endorsement for driving transport vehicle - Order of the District Forum allowing..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Education - Distance education - Agreement between the parties that all disputes were triable exclusively by Courts/ Forum at Hyderabad - Appellants are having their branch office/ study centre at Indore - Cause of action also has arisen wholly at Indore - So notwithstanding the said clause in the..........
Consumer Protection Act, 1986, Section 17 -- Pecuniary jurisdiction - Shares - The value of the goods has to be seen on the date when the complaint is filed...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial activity - Complaint maintainability - Tyre - Manufacturing defect - Plea that complainant firm doing commercial activity hence complaint not maintainable repelled - Held that break out of the tyres had taken place during the warranty period of one year - Complaint held maintainable...........
Consumer Protection Act, 1986, Section 13(1)(c) -- Procedure Tyre - Defective tyre - Report given by a person who is only a repairer of tyre punctures - Certainly due to his experience he could look into the quality of tyre and could point out if there were manufacturing defects - Repudiation of claim on flimsy grounds that defect in the tyres occurred due to impact break..........
Insurance policy -- Vague terms and conditions - Wherever the policy conditions are not clear and capable of more than one interpretation, the interpretation which is beneficial to the consumer should be adopted...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing - Plot - Non allotment of plot by Improvement Trust - Costs - Mismanagement, lack of transparency and high - handedness on the part of Improvement Trust - Complainant had been harassed for over 26 years for allotment of plot - Response not improved in spite of contempt petition and many interim orders passed by..........
