Consumer Protection Act, 1986, Section 2(1)(d);, 2(1)(o), 2(1)(r) -- Education - Consumer - Service - Unfair trade practice - Giving admission to the students in a school/college/institution/university by recovering fees and in such cases if there is any dispute with regard to the validity of such admission or illegality, irregularity committed by such institution in..........
Consumer Protection Act, 1986, Section 3, 13 -- Additional remedy - Procedure - Banking service - Withdrawal of amount from the savings bank account of the respondent twice which she denied - Plea that criminal case in matter still pending hence complaint premature repelled - Proceedings under CP Act are in addition to and not in derogation of any law for the time being in..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Arbitration clause - Hire purchase agreement - Additional remedy - Merely because arbitration proceedings have been initiated by the respondent, these will not preclude the appellant from having recourse to the remedy, if any, available to him under the law under the provisions of the CP Act, 1986 and for that matter..........
Consumer Protection Act, 1986, Section 2(1)(d);, 2(1)(d) -- Consumer - Consumer dispute - Medical negligence - Appellant a Doctor in Government Hospital - The treatment and operation of the deceased boy done in Government District Hospital where no fee was charged for any such treatment - Complainant alleged that the fees was charged by the appellants at their residence -..........
Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint -Maintainability - Claim petition before MACT pending - Cause of action therein was with regard to rash and negligent driving by the driver of the other vehicle by which accident was caused - Cause of action against the doctors or the hospital is for deficiency in rendering service or treatment by the hospital and..........
Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Condonation of delay - In the application for condonation of delay of 660 days dates, months and year of the movement of file at different levels till sanction to file appeal was accorded by Chief Administrator, HUDA has not been disclosed - Held that when a valuable right had accrued to the petitioner due to..........
Consumer Protection Act, 1986, Section 2(1)(b)(iv) -- Complainant -Association - Complaint filed by appellant Association in respect of common facilities which were to b@ made available by the respondent-OP - The complainant-appellant held to be consumer - State Commission erred in dismissing th) complaint as on erroneous interpretation/comprehension of Section 2(1)(b) of..........
Consumer Protection Act, 1986, Section 3, 2(1)(g) -- Deposit refund - Deficiency in service - Additional remedy - Pendency of the petition before the Company Law Board or the High Court - It does not result in a ban on the functioning of the Consumer Fora - Section 3 of the Act is an additional remedy available to the Consumers - Consumer has a right to file complaint..........
Consumer Protection Act, 1986, Section 15, 17(1)(d) -- Appeal -Condonation of delay - Delay of 337 days in filing appeal - Plea of the appellant that copy of the impugned order was not received by the appellant and it cama to notice after intimation about filing of execution application under Section 27 of the Act - Held that delay has to be condoned in order to avoid..........
Consumer Protection Act, 1986, Section 2(1)(c)(i), (iv) -- Complaint - Maintainability - Charging of the excess excise duty which is fixed under the law - Held covered by Section 2(1)(c)(iv) of the CP Act, 1986 - On this ground the complaint is maintainable...........
