Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint maintainability - Municipal Committee - It is the liability of the Nagar Palika to keep its road and sewer line intact and out of the risk with lids on manholes - It is certainly liable and responsible for the accident of the kind if some injuries were caused to the victim of occurrence - Conclusion drawn by the..........
Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint - Maintainability - Subscriber to the Kuri is not the father of the complainant but the subscriber is the complainant minor - The fact that a suit is pending against the father of the complainant cannot be taken as a ground to dismiss the complaint preferred by the complainant on the ground that the matter is..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM(2) -- Insurance claim - Discharge voucher - If the amount is to be paid only in terms of the report of Surveyor, unless there was amicable settlement between the parties, the only course open to the complainant/petitioner would be either to approach the IRDA in terms of Sub - section (3) of..........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 60 -- Insurance claim - Vessel broke down - Attempt to refloat the vessel failed - Cost of salvaging the vessel was likely to exceed the salvage value - As the vessel was required to be abandoned, provisions of Section 60 of the Act of 1963 which provides for constructive total loss would..........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 57 , 60 -- Insurance claim - Second Surveyor - Appointment of - Surveyors' report - Second surveyor's opinion not relied upon as he had not visited the spot and submitted the report after a lapse of long time from the date of sinking of the vessel - Moreover appointment of second surveyor..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Agreement to grow tree - Complainant undertaking growing of trees from the transplanted material to a full grown Poplar trees - Which was to be finally used by appellant - Plants damaged in heavy rainfall - Contention of complainant that appellant failed to take insurance cover - Goods..........
L.P.G -- Gas cylinder defective - Loss to premises of consumer - Insurance claim - Because of the defective cylinder or the regulator the accident had taken place - Primarily liability would be that of the HPCL - Since insurance policy taken by dealer under Public Liability Clause the appellant - Insurance Company would be liable to reimburse the dealer, because dealer is..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Continuing cause of action - Complainant came to know on 28.8.2001 that property purchased by him from OP was under equitable mortgage with the SBI - He made complaint to the Police in 2002 and case registered against OP - Present complaint filed before District Forum on 25.8.2005 without any application for..........
Consumer Protection Act, 1986, Section 3 , 2(1)(g) -- Maharashtra Cooperative Societies Act - Additional remedy - Cooperative society - Deficiency in service - Loan sanctioned yet amount not disbursed - Plea of the petitioner that in view of the special provision in Maharashtra Cooperative Societies Act the Consumer Fora would not be having any jurisdiction to decide the..........
Consumer Protection Act, 1986, Section 24 -- Limitation - Tractor - Sale of - Plea that for want of papers which were not supplied by the respondent the tractor could not be registered and it remained idle - Findings of fact by Fora below that plea an afterthought and repelled - Margin money paid by complainant on 15.1.1998 and tractor supplied - Complaint filed in the..........
