Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Evidence Act, 1872, Section 106 -- Medical negligence - Good faith - Burden of proof - Adverse inference - Compensation - Withholding or the non-production of the Neuro Physician - It would show that a Neuro Physician or a Neurologist did not attend to the patient - Non production will draw adverse inference - Had..........
Consumer Protection Act, 1986, Section 2(1),(g), Indian Medical Council Act, 1956, Section 20A,r,w, 33(m) -- Regulations relating to the Professional Conduct, Etiquette and Ethics for registered medical practitioners - Medical treatment - Medical documents - Non delivery of - On demand by the father of the patient - It would amount to deviation from expected professional..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Housing construction - Contract - Agreement between the appellant and the complainant by which the appellant agreed to construct a house and to sell the same to her for consideration - It amounts to service within meaning of Section 2(1)(o) of the CP Act...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing construction - Deficiency in service - The appellant agreed to construct a house of specific kind and specific quality and to make it available to the complainant but he failed - It clearly falls in the definition of deficiency in service as defined in Section 2(1)(g) of the Act...........
Consumer Protection Act, 1986, Section 3 , 2(1)(g) -- Additional remedy - Housing construction - Contract - Merely because an agreement was entered between the parties in writing, it cannot be interpreted to mean that the doors of Consumer Forum are shut for the consumers or that the parties are to be relegated to Civil Court...........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 91 , 92 -- Housing construction - Agreement - Construction of documents - The documents is to be read as per its contents and no foreign aid can be taken to read something in the written documents which is not made out from its language - When the agreement/affidavits do not contain any assertion..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy Jurisdiction of Fora - Plea that Consumer Fora has no jurisdiction in view of provision for 'arbitration in the hire-purchase agreement' repelled - Section 3 of the CP Act, 1986 clearly stipulates that this is an 'additional remedy'...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Vehicle finance - Delay in payment of instalment - Repossession of the vehicle held to be in order - The award of compensation and cost in these circumstances does not stand to scrutiny and liable to be set aside - Since there was error in refunding the amount direction to return the money by the complainant to the..........
Consumer Protection Act, 1986, Section 3,2(1),(g) -- Additional remedy - Consumer - Gratuity - Non payment of - Complainant fall within the definition of the consumer - In view of Section 3 of the CP Act, 1986 the Consumer Fora will have jurisdiction to entertain such a case...........
Consumer Protection Act, 1986, Section 11(2),(a) -- Territorial jurisdiction - Gratuity - Non payment of by Bank - Headquarter of petitioner-Bank at Hubli - They are also having a branch office in Bagalkot - Written submission before the District Forum were filed by the Manager of the petitioner-Bank located at Bagalkot - In view of Section 11(2) (a) of the CP Act, 1986..........
