Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Allotment of flat - Non-delivery of possession - Compensation - Triparte agreement between Housing Board, developer and complainant - Development agreement is also executed between Housing Board and developer and breach of said agreement is attributable to both Housing Board and developer - Failure to hand over..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Allotment of flat - Non-delivery of possession - Compensation - Enhancement of interest rate - Interest rate was revised to 10% p.a in impugned order of National Commissioner in exercise of its discretionary power - No interference warranted in it - National Commission was right in directing Developer and Housing..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Delay in intimation and lodging of claim - Appointment of surveyor by Insurer - Insurer by appointing a surveyor not estopped from raising plea of violation of condition prescribing a time limit for intimation/lodging of claim...........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Delay in intimation and lodging of claim - If insurer has not taken delay in intimation as a specific ground in letter of repudiation, said ground cannot be taken as defence at the stage of hearing of consumer complaint before NCRDC...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Claimants were employees of ONGC - Case of claimants that due to delay in sending their claims to LIC pursuant to scheme managed by Trust, they suffered a loss - Scheme is managed and run by a Trust and not by ONGC - There is virtually no privity of contract for providing service between ONGC and claimants - No..........
Consumer Protection Act, 1986, Section 21(a)(ii), 19 -- A party proceeded ex parte by State Commission - An appeal thereagainst lies to National Commission...........
Consumer Protection Act, 1986, Section 21(a)(ii), 19, Constitution of India, 1950, Article 226 -- Writ jurisdiction - A party proceeded ex parte by State Commission - An appeal thereagainst lies to National Commission - High Court should avoid to entertain a writ petition against the order of State Commission, in view of availability of an alternative and efficacious..........
Consumer Protection Act, 1986, Section 24A -- Appeal - National Commission found appeal barred by time - Appeal cannot be considered on merits...........
Consumer Protection Act, 1986, Section 24A -- Condonation of delay - Delay of 150 days in filing first appeal - Delay of 150 days not so alarming so as to reject appeal on ground of delay - Delay condoned subject to payment of costs of Rs.25,000/-...........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental loss - Damage of truck in fire in the night of 01/02.06.2009 and intimation was given to Insurance Company on 03.06.2009 - If no immediate notice was given to police there was no infraction on part of insured - There was thus, no justification for National Commission to reduce claim to extent of 60%..........
