Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Deficiency in service - Insurance claim - Repudiation - On the ground that transaction with `K' amounted to breach of trust hence insurance not liable - Finding by the District Forum that the alleged taking away of the car by `K' and non-returning of the same and the same amounted to theft upheld - The vehicle was..........
Consumer Protection Act, 1986, Section 21(1)(b) -- Speaking order - Revision before National Consumer Commission against the order of State Consumer Commission - National Commission dismissed the revision holding that there is no force in it in view of the concurrent findings of the State Commission - No reasons assigned by the National Commission while affirming the order..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Electricity supply - Commercial purpose - Complainant did not mention within the four corners of the petition of complaint that the business for which electric connection was sought for by him was the only way for earning his livelihood by means of self - employment - Complainant - Appellant cannot be termed as..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Defective machine - Semi-automatic filling and sealing machine - From the date of installation itself the performance of the machine not up to the mark - The quantity of materials of filling by the weight was only 470 grams as against weight of 500 gms. - Though lapse brought to notice of the OP's no..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Banking service - Vicarious liability - The fraud and embezzlement was committed by the employees of the OP-Bank in the Course of employment - The State Commission rightly held that the OP/petitioners was vicariously liable for the action of its employees - No interference called for in exercise of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Tours and travels - Air Sahara Holiday Plan 2003 - Air tickets - Loss of air tickets - Duplicate tickets not issued by OP's on the ground that during validity of the lost tickets duplicate tickets cannot be issued - Held that the absence, irregularity or loss of the passenger ticket does not affect the existence..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Allotment of plot - Application for - Unsuccessful applicant in draw of lots - A prospective investor only - Refund - Earnest money - Question as to - Cannot be termed as consumer u/s 2(1)(d) of the Act - Complaint filed by the respondent/complainant before the District Forum was not maintainable ab initio - The..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional Jurisdiction - Concurrent of findings of fact - Insurance claim - Repudiation - Finding of fact by the Fora below that the complainant was unable to establish that the tractor in question was stolen, while on its journey on 23.05.2000 during the currency of Insurance Policy from 16.05.2000 to 15.05.2001 and not on..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing Scheme - Special Registration Scheme - Low Income Group - Incomplete house - Plea that house sold to the respondent on `as-is-where-is' basis repelled - The Clause `as-is-where-is basis' would be applicable in cases where the property, which is to be sold, is already in existence to enable the prospective..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Education - Admission - Refund of fee - Unfair trade practice - Student left the course at her own after attending the same for three months - Order of State Commission upheld that no compensation is payable - Find no justification for deducting administrative charges from the refundable amount when proportionate deduction..........
