Consumer Protection Act, 1986, Section 23, 2(1)(d) -- Deficiency in service - Sale of shop - Non-delivery of possession of shop - Consumer - Premises in question were booked, as complainants wanted to come down to Delhi to start a business after disposing of property in Denmark - Complainant was not employed any more in Denmark and he was serving Red Cross a charitable..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Statutory fees, levied in lieu of service provided, may in the usual course be subject matter of Consumer Forum's jurisdiction provided that there is a `deficiency in service' etc. - Law laid down in case HUDA Vs Sunita, overruled...........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Mere possession or storage of goods, cannot fall within purview of `Danger' contemplated u/s 188 IPC - Goods as long as they remain stored do not pose any danger - Gap between storage and consumption by a consumer will have to be bridged before danger or hurt contemplated u/ss 328, 188 IPC get attracted...........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Family Mediclaim Policy - Plea of pre-existing disease of son of appellant taken by insurance company - There was no pre-existing disease when initial individual Mediclaim Policy of son of appellant was taken in the year 2007-2008 - Even otherwise, after having initially repudiated the claim of appellant,..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Contract for development of Villa - Delay of 5 years in delivery of possession of villa - Even though villa is ready for occupation now, but delay of almost 5 years is a crucial factor - Respondents justified in seeking refund of deposited amount with reasonable interest - Amount granted by Commission..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation - No material on record that complainant suffered any loss and if so, the extent thereof - Direction to pay compensation of Rs.Three lakhs cannot be approved...........
Consumer Protection Act, 1986, Section 23 -- Plea of pecuniary jurisdiction before National Commission - Plea not specifically raised before State Commission at earliest opportunity - State Commission having already decided the matter on merits, such a technical objection as regards pecuniary jurisdiction could not have been countenanced before National Commission - Plea..........
Consumer Protection Act, 1986, Section 23 -- Construction work - Sum of Rs.Twenty five lakhs was agreed to be paid by appellant sin full and final settlement of claim of society - Appellant having agreed to make such payment, he was rightly directed to honour his unequivocal commitment/promise - When such a relief emanates from he very commitment, made by appellants in the..........
Consumer Protection Act, 1986, Section 2(o), 11 -- Service - Exim policy (import and export policy) - Exim policy is an incident of fiscal policy of State and of its overall control over foreign trade - As an incident of its policy, State may provide regime of incentives - Provisions of those incentives does not render the State a service provider or person who avails of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Hire purchaser agreement - Accused filed consumer complaint against manufacturer as vehicle was defective - Not a ground to quash complaint instituted by financier for dishonour of cheque...........
