Consumer Protection Act, 1986, Section 17(1)(b), Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Order passed by the District Forum found to be totally without jurisdiction and manifestly illegal - State Commission vested with suo motu power to call for records and pass appropriate order - Delay in filing the appeal under the circumstances condoned...........
Consumer Protection Act, 1986, Section 2(1)(g), Andhra Pradesh Chit Fund Act, 1971, Section 3 -- Bye - laws of Model Chit Corporation, Section 21(a) - Chit fund - Complainant had not paid 10 monthly subscription - As per 2nd sub - para of the Section 21(a) of the bye - laws the chit fund holder was liable to be removed from the list of subscribers and this was exactly done..........
Consumer Protection Act, 1986, Section 25 , 27 -- Execution proceedings - Penalty - Action initiated either under Section 27 or 25 of the Act is in the nature of execution proceedings - Since the awarded amount had been tendered during the pendency of execution proceedings itself, the Fora below could have imposed only the cost of execution proceedings and not the penalty..........
Consumer Protection Act, 1986, Section 21 -- Appeal - Condonation of delay - Appeal by Govt. Deptt - No special provisions though there is lengthy process is alleged to be involved - There could be delay of few days or few weeks - Delay of over one year - Application does not sufficiently explain the delay caused - Valuable right has accrued to the consumer who is pitted..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Plot - Resumption order - Complaint filed after a period of more than two years from the date of passing of resumption order - Complaint held to be time barred in view of Section 24 - A of the CP Act...........
Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint - Public Interest Litigation - Held that a consumer organization cannot file Public Interest Litigation against raising of water charges...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Pricing - Water charges - Enhancement of tax by Municipality - Held that pricing of any nature is the job of the executive - It cannot be challenged in the Consumer Fora alleging that it is deficiency in service on the part of the service provider...........
Consumer Protection Act, 1986, Section 2(1)(d) , 14(1)(d) -- Consumer - Education - Hostel accommodation - Electrocution - Death of girl student - No allegation against the College authorities in the complaint - The complaint does not state how the complainants seek to establish the relationship of 'consumer' and the College as a 'service provider' once the deceased had..........
Consumer Protection Act, 1986, Section 2(1)(g) , 13(1)(d) -- Housing - Residential plot - Non providing of amenities - Site plan was not got approved as zoning plan had not been approved - Award of compensation of Rs. 20,000 as compensation per year held to be without any basis - Complainant given compensation by way of interest @ 18% p.a. on the amount deposited by..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Arbitration - Housing - Residential plot - Allotment of - Contention of OP that matter under dispute should have been referred to the Arbitrator as per terms and conditions of allotment repelled - Under Section 3 of CP Act in spite of provisions of arbitration, complaint can be filed under the Act...........
