Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action - Continuing cause of action - Deposit - Maturity value - Failure to pay - Held that so long as the company or the institution does not make such payment the cause will be a continuing one - Learned Forum misdirected itself in dismissing the petition on the ground of limitation...........
Consumer Protection Act, 1986, Section 14(2)(a) -- Two members of the bench out of three passed order allowing complaint and President of the District Forum dissented - The order held valid - It is not necessary that President must be the signatory of the order...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Shop allotment - Possession of premises handed over in the year 1997 - No convincing reason adduced by the petitioner for having filed consumer complaint after a lapse of 8 years - The order passed by the State Commission dismissing the complaint does not suffer from any illegality calling for interference...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyor's report - It is an important document - Cannot be viewed lightly - Surveyor had given complete reasoning and details outlining the basis and rationale on which he assessed the loss - Appellant/complainant preferred claim without any supporting document except a..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Insurance claim - Janata Personal Accident Policy - State undertook to provide suo motu as a welfare measure for its employees of various types - For the employees covered under scheme, it was also a service paid for by them because they were required to pay the premia, which were to be deducted automatically..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Janata Personal Accident Policy - State undertook to provide suo motu as a welfare measure and premia deducted from the salary by employer - It undertook to complete all the documents and prefer claim covered under the scheme - Non compliance of the instructions by petitioner and claim not preferred on..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Deficiency in service - Compensation - Education - Examination - The College did not send the examination form of the complainant to the Intermediate Council - Deficiency on the part of College stood established - Complainant suffered and her academic career for one year damaged as she could not appear in I.Sc...........
Consumer Protection Act, 1986, Section 14(2)(A) -- Procedure - Signing of order - Divergent opinion of President and Member of Forum - Case kept pending and on appointment of third member after more than one year matter referred to her who agreed with member and allowed the complaint - The order signed singly which is in violation of the provisions of Section 14(2)A) -..........
Medical negligence -- Compensation - Complainant suffering from enteric fever - Operation conducted for stopping bleeding from intestine - Perforation had taken place from the same wound which was already operated upon - Respondent doctor did not attend complainant at night when his condition deteriorated and visited hospital in the morning for routine checkup - Had the..........
Consumer Protection Act, 1986, Section 3, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Additional remedy - Bar of jurisdiction - Sick industrial unit - FDR - Non payment of maturity amount - Complaint before the District Forum filed much before the Company declared sick industrial unit - The District Forum cannot be said to have erred in allowing..........
