Consumer Protection Act, 1986, Section 19 -- Appeal - Admission - Retraction of admission - Held that it is difficult for any Forum to dispose of a case if the Counsel in higher Forum bases the case almost entirely on an unexplained retraction of the explicit submissions made by his/her counterpart, under instruction of the client concerned, in the lower Forum...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1956, Section 43, Insurance Act, 1938, Section 64VB -- Insurance claim - Repudiation - The premium was to be paid on or before 28.3.1995 not paid - Grace period of one month expired on 27.4.1995 - The insured died on 1.7.1995 - Cheque issued on 27.6.1995 with late fee by someone else - The cheque was received..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Plot allotment - Non payment of instalments - Interest - Possession of plot offered to the complainant on 11.12.1995 - Complaint filed on 20.10.1999 - Neither any explanation for delay given nor application for condonation of delay filed - Complaint barred by limitation and liable to be dismissed...........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Supply Act, 1948, Section 49 -- Electricity supply - Tariff fixation - Under Section 49 of the 1948 Act the OPs are entitled to set down the terms and conditions for supply of energy - Under these provisions it can frame uniform tariff or conditions of the supply - District Forum has no jurisdiction to interfere..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Contention of OP that the machine in question purchased by the complainants from Ahmedabad, the place where the contract was made and in the bill of the machine there is expression 'subject to Ahmedabad jurisdiction' hence State Commission, Rajasthan has no jurisdiction repelled - Held that the..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Warping machine purchased by the complainants for commercial purpose - It suffered the defects during its guarantee period of one year - The complainants held to be well within their right to approach the Consumer Fora under the Act of 1986, they being the consumer in respect of the services..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Defective machine - Deficiency in service - Compensation - Warping machine purchased at cost of Rs. 17,32,640/ - by taking loan from bank - It has some defect other than manufacturing defect - Could not be satisfactorily removed by OP - They could not make its maximum utilization - A sum in Rs. 3 lacs as lump sum..........
Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)(o) -- Complaint - Consumer - Commercial purpose - Electricity connection - Unauthorised use of power - The service in question of use of drill and welding machines was obtained for commercial purpose - It could not be shown that it was so obtained exclusively for earning her livelihood by way of self employment - The..........
Consumer Protection Act, 1986, Section 14 -- Insurance claim - All the five cases involved identical facts except that the amount claimed in the complaints differed - State Commission ought to have addressed the matters with uniform and consistent approach in dealing with the matters either in appeal or in its original jurisdiction - Matter remitted back to State..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64 -- Insurance claim - Repudiation - Delay and latches - Insurer took three years in repudiating claim - Cannot be said to be in reasonable period - Deficiency in service - Compensation of Rs. 50,000/ - awarded along with interest @ 9%...........
