Consumer Protection Act, 1986, Section 2(1)(d) -- Expln. - Consumer - Commercial purpose - There can be no straight jacket formula to summarize commercial purpose - However, broad principles culled out to determine `commercial purpose' - (i) The question of whether a transaction is for a commercial purpose would depend upon the facts and circumstances of each case -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Purchase of flats by appellant for purpose of providing hostel facilities to hospital nurses does not qualify as meant for a `commercial purpose', as such a duty exists irrespective of surplus or turnover generated by hospital and hence, is not even remotely related object of earning profits - Appellant trust is..........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking - Complaint filed by Insurer as subrogee - Locus standi - Actual consumer/assured executed a Power of Attorney and a letter of subrogation in favour of car insurer - Consequently, complaint before State Commission filed by both assured and insurer as co-complainants held,..........
Consumer Protection Act, 1986, Section 12, Indian Contract Act, 1872, Section 148, 149 -- Theft/loss of vehicle given for valet parking to hotel employee - Relationship of bailment whether created - Where possession of vehicle is handed over to a hotel employee for valet parking, it can be said that `delivery' of vehicle has been made for purposes of Ss.148, 149 of..........
Consumer Protection Act, 1986, Section 12, Indian Contract Act, 1872, Section 148, 149 -- Theft/loss of vehicle given for valet parking to hotel employee - Relationship of bailment whether created - Consumer/complainant had given up possession of his car by handing it over to valet - Appellant/Hotel cannot refute existence of bailment by contending that its valet parking..........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Where theft of car of complainant was a result of negligence of hotel, exemption clause on parking tag will not exclude appellant's (Hotel) liability...........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Strict liability cannot be imposed on hotel owners in respect of loss of or damage to vehicles of their guests - Instead, rule of prima facie negligence should be adopted...........
Consumer Protection Act, 1986, Section 12, Indian Contract Act, 1872, Section 151, 152 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Hotel cannot claim exemption from liability by arguing it was due to acts of third parties beyond their control, or that they are protected by an `owner's risk clause, prior to fulfilling its burden..........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Car of complainant stolen by one of three boys who had visited hotel while its keys were under watch of valet driver - Thief escaped despite an attempt by hotel guard to stop him - Manner in which car was stolen manifests that no steps had..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Purchase of goods for commercial purpose - If commercial use is by purchaser himself for purpose of earning his livelihood by means of self employment, such purchaser of goods is yet a `consumer' - What is `commercial purpose' is a question of fact to be decided in facts of each case. (1997) 1 SCC 131...........
