Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Finding recorded by Commission that there was medical negligence on the part of hospital in not taking proper post-operative care of deceased, is based on legal and substantive evidence on record - No interference warranted in the said finding - Appeal filed by Hospital against the same..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
Haryana State Federation of Consumer Cooperative Wholesale Store Ltd. Staff Service Rules, 1975, Rule 60 -- Departmental proceedings - Shall be deemed to have been instituted when charge sheet is issued to retires - After retirement of an employee, departmental proceedings will not be instituted save with sanction of Competent Authority and shall be in respect of an event..........
Haryana State Federation of Consumer Cooperative Wholesale Store Ltd. Staff Service Rules, 1975, Rule 60 -- Departmental proceedings - Alleged act of procuring wheat at low plinth was done between 16.02.2009 to 31.08.2009 - Damage ensured later on - Therefore, for said event, petitioner could be charge sheeted at most till 30.08.2013 - Petitioner was charge sheeted on..........
Consumer Protection Act, 1986, Section 13 -- Complaint - Non-delivery of allotted plot - Demand of increased amount for claiming alternate plot - Demand of increased amount for claiming alternate plot as money value had increased as compared to time when plot was originally allotted held, proper...........
Central Excise Act, 1944, Section 11B, 12A, 12B -- Presumption u/s 12-B of the Act - As per assessee incidence of duty was originally passed on to buyer - There is no material brought on record to show that buyer to whom incidence of duty was passed on by assessee did not pass it on to any other person - Thus, there is statutory presumption u/s 12-B of the Act that duty..........
Consumer Protection Act, 1986, Section 23, Indian Contract Act, 1872, Section 230 -- Consumer complaint - Defence u/s 230 of Act is available in cases under Consumer Protection Act, by agents of principal with whom complainant had agreement...........
Consumer Protection Act, 1986, Section 23 -- Sale of goods - Liability of Bank - There is no contract between bank and appellants - Bank had carried the consignment and delivered the same as per Bill of Lading - Bank is not liable for deficiency of service as amount was not collected from consignee, as such there was no question of remitting it to the appellants by Bank -..........
Food Safety and Standards Act, 2006, Section 19, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 -- Milk - Adulteration with hazardous substances like urea, detergent, refined oil, caustic soda, etc. which adversely affects the consumers health - Supreme Court passed necessary directions, viz. (i) Union of India and State Governments shall take appropriate..........
