Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Non filing of written statement - Forfeiture of right to file written statement - That by itself does not make it obligatory for NCDRC to pass an order in favour of a complainant in case complainant fails to establish its case...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Construction agreement - Delay in handing over possession of flats - Due date for handing over possession of flat is to be fixed as per terms and conditions mentioned in construction agreement...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Objection regarding maintainability of complaint - Onus to prove that goods were purchased for `commercial purpose' and therefore, such goods would fall outside the definition of `consumer' contained in S.2(1)(d) of the Act, would be on the opponent/seller and not on complainant/buyer...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Car - Manufacturing defect - Car in question was purchased by complainant for the personal use of its Whole-time Director and for his immediate family members, and the dominant purpose of purchasing the car was to treat it as a part of perquisite to Director - Nothing on record to show that said car was..........
Consumer Protection Act, 1986, Section 12, 2(1)(f) -- Consumer complaint - Car - Manufacturing defect - Excessive heat was generated in the car and center hump on the floor over the drive shaft was felt excessively heated as also the left side of the center hump - Such overheating of the surface of hump and overall high temperature in the car was a fault, imperfection or..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Trade practice which for the purpose of promoting the sale of any goods by adopting deceptive practice like falsely representing that goods are of a particular standard, quality, style or model, would amount to `unfair trade practice' within the meaning of S.2(1)(r) of the Act...........
Consumer Protection Act, 1986, Section 12, 2(1)(r) -- Consumer complaint - Unfair trade practice - Defective car - Car in question was not used for commercial purpose - Car met with an accident and none of airbags opened at the time of accident as a result driver suffered grievous injuries - Nothing on record produced by appellants to show that they had disclosed either in..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Sufficient evidence on record to justify repudiation of claim by insurance company on the basis of exclusion clause - Surveyor was examined as RW1 and his evidence remained un-rebutted - Surveyor's report was evidence tendered by insurance company and there is sufficient evidence to indicate that..........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Commercial purpose - Onus to prove that service was obtained for a commercial purpose is on the service provider - However, standard of proof that has to be met in order to discharge the onus has to be measured against a `preponderance of probabilities...........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Consumer complaint - Commercial purpose - Complainant has not pleaded nor proved that service was obtained for earning his livelihood through the means of self- employment - Onus to prove that service was obtained for a commercial purpose is on the service provider - Unless service provider discharges its onus,..........
