Consumer Protection Act, 1986, Section 14 -- Insurance claim - Settlement - Payment made towards full and final settlement - Being dissatisfied with the settlement, claimant filing complaint - Mere receipt of the amount without any protest would not always debar the claimant from filing the complaint - Complaint is maintianble if it is proved that agreement to accept a..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking service - Demand draft - Beneficiary - The person who has paid the money and taken the demand draft is the person who has hired the service for consideration - The definition of 'consumer' also includes 'any beneficiary of such services' - The payee is a person who has availed the services with the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Fair - Organizing of - Electrical swing - Marry go round - Detachment of seat - Injuries suffered by petitioner who took a seat after paying Rs. 10/ - per seat - Petitioner organized the fair on a large scale - Required to take proper care and precautions in seeing that service providers permitted by them take proper care..........
Consumer Protection Act, 1986, Section 21(b) -- Ad Interim stay - Revision - Condonation of delay - Petition filed with delay of 155 days - Neither application for condonation of delay nor any affidavit in that respect filed - Revision petition filed belatedly liable to be dismissed - Would not like to interfere with the discretion exercised by the State Commission in..........
Consumer Protection Act, 1986, Section 2(1)(f) , 13(1)(c) -- Motor vehicle - Manufacturing defect - Res ipsa loquitur - Expert opinion - Admission by OP in written reply of the manufacturing defect - Held to be a case of res ipsa loquitur - Hence there is no need to refer the vehicle to a third party for giving an opinion...........
Consumer Protection Act, 1986, Section 2(1)(f) , 14(1)(d) -- Motor vehicle - Manufacturing defect - Compensation - Admission on the part of OP1 authorised dealer of OP2 that they had to replace the engine during the first free service - In addition they have carried out other repairs and subsequently serviced the vehicle according to them - Vehicle lying in the custody of..........
Consumer Protection Act, 1986, Section 13(2)(b)(ii) -- Ex parte order - Service of summons and the notice by post for which acknowledgement received - If officers of the appellant were negligent in not appearing before the State Commission there was no alternative for the State Commission but to proceed ex parte - On this ground the order passed by the State Commission..........
Consumer Protection Act, 1986, Section 13(2)(b)(ii) -- Ex parte order - Service of summon and the notice by post, for which acknowledgement is received by the State Commission - Officers of the appellant were negligent in not appearing before the State Commission - State Commission proceeded ex parte - The order passed by the State Commission cannot be said to be in any..........
Consumer Protection Act, 1986, Section 2(1)(f) -- Manufacturing defect - Power Tiller - Purchased by petitioner after obtaining loan from Bank - Defect not rectified - No expert evidence on the part of OP to rebutt the same - Petitioner fighting litigation for 18 years - Directions to agent and manufacturer to pay jointly and severally Rs. 1,15,000/ - the amount that the..........
Consumer Protection Act, 1986, Section 13(4)(5) -- Civil Procedure Code, 1908, Order 2 Rule 2, Order 22 - Res judicata - Civil suit pending before the Civil Court withdrawn by the complainant in view of the objection in the written statement filed in complaint case - Matter not decided by the Commission on merits as it was observed that in case the appellant is entitled in..........
