Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Policy - Renewal of - Insurance claim - Repudiation - Compensation - At the time of issuance of renewed policy mistake committed by officer of the Insurance Company in not bifurcating the godown at Bedeshwar and by not mentioning two godowns - Insurer cannot take advantage of its own wrong and the contract remains..........
Consumer Protection Act, 1986, Section 11(2)(a) -- Territorial jurisdiction - Insurance claim - Regional office of the appellant company situated at Ludhiana - Under Section 11(2)(a) of the Act complaint held maintainable where branch office of the appellant Company is situated though the insurance policy has been issued by its branch at some other place. (para 12)..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Beneficiary - Telegram - Non - receipt of - Telegram sent by son to father fixing date for negotiation of marriage of his sister not received and negotiation could not take place - Complaint for deficiency of service filed by father held maintainable - The payment of Rs. 18/ - as consideration for express..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Telegraph service - Telegram - Non receipt of - Telegram sent by son to father fixing date for negotiation of marriage of his sister not received and negotiation could not take place - It would be appropriate to award a sum of Rs.5,000/ - as compensation along with Rs. 18/ - consideration for express telegram...........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Shares certificates - Transfer of - Only OP is situated at Mumbai and no cause of action at all had occurred at Patiala - Since none of the conditions of Section 11(2) were before the Forum, it wrongly proceeded with the complaint though it patently lack in necessary territorial jurisdiction as none..........
Consumer Protection Act, 1986, Section 14 -- Summary jurisdiction - Shares transfer - Fraud alleged - Same cannot be adjudicated by the Forum sitting under the summary jurisdiction of CP Act under which the allegations in the complaint have to be with regard to deficiency in service or unfair trade practice - Fraud clearly outside the purview of the redressal agency...........
Constitution of India, 1950, Article 226, Consumer Protection Act, 1986, Section 25 , 27 , 27A -- Writ jurisdiction - Alternative remedy - Order under Section 27 passed by the Forum - No appeal filed under Section 27A of the Act - Writ petition filed before High Court - Held that there was no occasion for the petitioner to come up in writ petition before High Court when..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) -- Airlines - Unfair trade practice - Defective seat - Not having reclining facility - Foot rest did not work and seat belts got struck not retrieved - Complainant a senior citizen aged 72 years travelled without safety belt in non reclining seat - Malfunctioning of seat within the knowledge of OP - OP adopted unfair..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Medical negligence - Surgery - For removal of stones - Without satisfying that patient was having normal kidneys - Cannot be permitted to say that they carried out the operation based on the report and yet go on to depose,by way of evidence, that quality of reporting on the x - ray grossly inappropriate - IVP was not done..........
Housing -- Plot allotment - Pricing - District Forum directing the allotment of plots to the complainants @ Rs. 1,800/ - per.sq. mt. - Held that Consumer Forum cannot go into the question of pricing, it being not a consumer dispute - District Forum held not justified to direct allotment of the plots @ 1800/ - per sq. mt. and such direction cannot be maintainable...........
