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...........
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..........
