Consumer Protection Act, 1986, Section 2(1)(g) -- Personal Accident Insurance of Farmers, Farm Labour and Mandi Workers - Contract of insurance - Insurance claim - Repudiation - A clear cut proposal effecting insurance was made by the complainant and in response thereto the OPs expressed explicit and unreserved intention to accept the said proposal and to create complete..........
Consumer Protection Act, 1986, Section 3, 12 -- Additional remedy - Complaint maintainability - Insurance contract - Dispute regarding insurance claims under Scheme - Plea that since civil suit already pending between the parties before Civil Court respondent - complaint had no right to file the complaints u/s 12 of the CP Act before the District Forum repelled - Civil..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Employee's State Insurance Act, 1948, Section 53 -- Insurance claim - Plea that there is prohibition u/s 53 of the Act 1948 against receiving or recovery of compensation or damages under any other law where the person is covered under 1948 Act repelled - Appellant has not placed any material on record that the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 2(21) -- Insurance claim - Repudiation - Driving licence - To drive Light Motor Vehicle - Laden gross weight of the vehicle which met with an accident is 10,050 kgs. much higher than the prescribed upper limit of 7,500 kgs. under Section 2(21) of the MV Act and it was a medium goods..........
Electricity Act, 2003, Section 126(b) -- Electricity - Consumption in premises other than for which connection is permitted - It amounts to `unauthorised use of electricity' - Adjoining plot purchased by consumer and electric connection extended - Previous owner of adjoining plot had defaulted in paying electricity bills, hence, his electric connection was disconnected -..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii), 2(1)(o) -- Consumer - Service - AIIMS - Plea that AIIMS does not charge any fee/service charge for providing its services and facilities and whatever charges is only towards the actual cost of the consumables etc. hence it is not a `service provider' within the meaning of Section 2(1)(o) of the Act and the complainant is..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Doctor in Department of Pathology wrongly diagnosed her right breast lump as showing a well distinguished Carcinoma though, in fact, later report showed that there was no evidence of Carcinoma - Appellant held negligent on two counts viz. having rendered an incorrect/wrong..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Allegation of misdiagnosing disease as Guillain Barre Syndrome (GBS) instead of Cervical spondylosis myelopathy (CSM) - Allegation that GBS was a mis - diagnosis or that the treatment was inappropriate neither supported by facts of the case nor the standard medical literature -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Application for allotment of plot/house - Prospective investor - Not a consumer merely on submission of application for allotment till allotment is made in his favour - Not eligible to claim compensation under the provisions of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(11), 14(2) -- Insurance claim - Repudiation - Driving licence - The driver of the vehicle was having driving licence to authorize him to drive a light motor vehicle where as at the time of accident he was driving a transport vehicle gross weight of which was 8700 kgs. - There was no..........
