Consumer Protection Act, 1986, Section 2(1)(g), Telegraph Rules, 1951 -- Telephone disconnection - The word 'subscriber' - Disconnection Telephone of the complainant for non deposit of bill in the name of son in the same premises - Held that MTNL was within its legal rights to insist that the complainant should ask his son to pay arrears of more than Rs. 20,000/ - because..........
Consumer Protection Act, 1986, Section 1(m) -- The word 'person' - Plea that the Central Government or State Government did not come within the definition of word 'person' as defined in Section 2(1)(m) hence impliedly excluded from the provision of the CP Act and complaint not maintainable against the Government repelled - Held that the Department of Telecommunications is..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - 7 flats booked by complainant and her family - Respondent - complainant failed to indicate any acceptable or logical reason to confirm that these flats were actually needed by the family for the living of its members and not for sale - The complainant held not a consumer as defined in Section..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Stock and raw material becoming unfit for human consumption - Not an intentional or deliberate act on the part of the complainants in stopping production and allowing stocks and raw material to get spoiled or damaged - It was only because of militant activities and terrorism that the Company could not do..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Pilferage by intruders and staff members - Allegation of pilferage has to be proved - There being nothing on record except a report by an unreliable agency, Commission was right in rejecting Insurance Company's claim...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Medical service - Plea by appellant that respondent - complainant not a 'consumer' as no fee had been paid repelled - Appellant not running a charitable institution in which no fee was charged but he was running institution in which fee is charged - Respondent No. 1 would be a consumer as the appellant had..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) -- Education - Admission - Fees refund - Unfair trade practice - With the withdrawal of the petitioner the Institute had not suffered any loss as no seats under the general category was kept vacant for the relevant year - Institute held to be unfair and unjust in retaining the tuition fee of Rs. 1 lakh even after the..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - The machine was sent by the petitioner to the respondent at place 'S' - The name of the consignor is shown to be the petitioner and that of the consignee is the husband of the respondent - The machine received by the respondent at place 'S' - The District Forum at place 'S' had the jurisdiction to..........
Consumer Protection Act, 1986, Section 2(1)(f) , 2(1)(g) , 14(1)(d) -- Defective machine - Supplied by petitioner - Despite assurance the petitioner failed to get the defects removed - The respondent suffered financial loss and mental agony because of the defective machine - Order of the District Forum as affirmed by the State Commission directing refund of the price of..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Postal service - Registered letter - Non delivery of - Returned with endorsement 'not found' - Not the case of the postal department that the house was locked or the addressee was untraceable - Petitioners have only said that on a particular day he was not found - The complainant led..........
