Consumer Protection Act, 1986, Section 13 -- Procedure - Additional evidence - Held that the primary consideration in the matters under CP Act is to do substantial justice even-handedly to both the parties - If a case for allowing additional evidence is made out, then the authorities under the Act will not hesitate to grant such a prayer - However, authorities have to be..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Banking service - Consumer - Beneficiary - PPO sanctioned by PPO in favour of the complainant - Grievance of complainant against respondent bank of not collecting and crediting the pension to his account and DA which accrued to him - Held that appellant-complainant was the beneficiary under the Scheme - Bank was rendering..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Sick Industrial Companies (Special Provisions) Act,1985, Section 22 - Sick Industrial unit -Complaint against - Section 22 of the Act of 1985 does not place bar on hearing a complaint filed under the provisions of CP Act...........
Consumer Protection Act, 1986, Section 2(1)(c)&(g) -- Insurance claim - Subrogation - Complaint - Locus standi - Respondent No.1 not the third party - The wording used in subrogation in favour of respondent No.2 is `we hereby subrogate to you the rights and remedies' - Special Power of Attorney alongwith subrogation show that the second respondent in this case enjoy the..........
Consumer Protection Act, 1986, Section 14 -- Compensation - Interest -Section 14 of the CP Act empowers the District Forum to award compensation as to the loss or injury suffered by a consumer on account of negligence on the part of the O.P. - The interest is payable only in cases where there is any such term of contract for payment of interest...........
Consumer Protection Act, 1986, Section 3 -- Societies Act, Section 70 - Additional remedy - Refund - Interest - Plea that complaint barred by Section 70 of the Societies Act repelled - Held that the provisions of the CP Act are in addition to the provisions of any other law for the time being in force - Respondent has been rightly awarded interest on the deposited amount...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking service - Release of securities - The loan taken by the complainant from the Bank discharged or the working capital has been closed - Demand by complainant to Bank for release of securities and return of documents - Held that such a dispute will perfectly come under the purview of the CP Act - The..........
Consumer Protection Act, 1986, Section 3, 2(1)d) -- U.P. Cold Storage Act - Additional remedy - Cold storage - Deficiency in service - Plea of appellant/OP that complaint before Fora not maintainable as the dispute is to be tried by the Cold Storage Tribunal in view of U.P. Cold Storage Act repelled - Held that complainants have made out a case of deficiency in service..........
Consumer Protection -- Contract Act, 1872, Sections 72, 73 - Kisan Vikas Patras - Issued to Karta of HUF irregularly and wrongly in contravention of the Rules - Retaining of said amount is not a contract and would amount to a tort - Complainant would be entitled to return of the principal amount u/s 72 of the Contract Act - Regarding interest, the explanation to second..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Money fending - Transaction of money lending where no deposit was made for any specified period - Fora constituted under the Act are not supposed to entertain such money lending transactions which do not fall within the purview of service as defined under the CP Act...........
