Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Construction work had to be stopped half way at the instance of appellant - Respondent not at fault at any stage after purchasing the plot from appellant - Appellant caused loss, inconvenience and mental harassment to the respondent while completing construction - District Forum allowed complaint and awarded..........
Service -- Appointment - Part time female member in District Consumer Forum - Panel drawn for female members - It placed respondent No.2 at serial No.2 and appellant at serial No.3 - State Government choose to appoint appellant who was at serial No.3 on the foundation that she had better public experience - State Government thus, committed error by choosing appellant for..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - When decree is silent as to reckoning date of conversion of foreign currency into Indian rupees, it would first take place in accordance with contractual provision and thereafter if such explicit determination is not..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - There is specific clause in the agreement executed between parties i.e clause 17 which deals with rate of exchange - Insurer was required to pay insurance claim in accordance with said Clause which says that currency..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Commercial contracts - Compensation - Even under Consumer Protection Act, damages for commercial contracts are to be determined as per Contract Act...........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Allotment of flat - Delay in handing over flat - Damages - Reckoning date - Complainants tried to execute agreement and sought for conveyance of property through National Consumer Commission - Even in first appeal, offers were being made on behalf of appellants to convey alternative properties, which were..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Allotment of flat - Delay in handing over flat - Appellants transferred property to third party despite their contractual obligation towards complainants - No reasons were given for the same - Obligation was on appellant to show that he was unable to transfer property to complainant, which he failed to do..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Contractual breach - Damages for contractual breach is generally compensatory arising out of breach - Damages awarded therefore, should not be excessive and a Court/Tribunal needs to take a balanced approach so as to ensure right compensation - Taking into consideration of factual aspects involved in..........
Civil Procedure Code, 1908, Section 24, Consumer Protection Act, 1986, Section 17A -- Transfer of consumer complaint - Consumer complaint pending before Consumer Disputes Redressal Forum cannot be transferred to any other Consumer Disputes Redressal Forum invoking S.24 CPC...........
Consumer Protection Act, 1986, Section 12 -- Insurance - Condition precedent of medical examination - Acceptance of premium without medical examination - Condition stands waived on acceptance of premium - Insured informed after about 2-1/2 years that policy was not accepted - Rejection of policy must be made in a reasonable time - Enormous delay not reasonable - No reason..........
