Consumer Protection Act, 1986, Section 2(1)(o) -- Service - Education - Imparting of education by an educational institution for consideration falls within the ambit of service as defined under the CP Act...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),d), Railways Act, 1989, Section 1989, 124A,123(c), Railways Claims Tribunal Act, 1987, Section 15 -- Railways services - Jurisdictional bar - Complainant fell into pit on platform - Sustained injuries - Seeking compensation under CP Act - Contention of OP/railways that Railway Claims Tribunal has the jurisdiction only -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- (As amended by Act of 2003) - Amendment in statute - Retrospective effect - Consumer -Banking service - Commercial purpose - Plea that dispute pertains to commercial purposes hence as per amended provision the complainant will not come under CP Act repelled - Held that as the amendment came into force after the date of..........
Consumer Protection Act, 1986, Section 14 -- Insurance claim - Marine policy - While taking auto parts for transportation from Indore to Bombay Port goods stolen during transit - Recovery of goods by police after 4 years - OP asked the complainant to take delivery of goods under supervision of its Surveyor - Claim of the complainant on total loss basis required..........
Consumer Protection Act, 1986, Section 2(b),(v) -- Legal representatives - Impleadment of - Complaint filed in the year 2000 - Complainant died on 27.6.2001 but the fact not brought to the notice of District Forum and complaint partly allowed on 13.3.2003 - Appeal filed by appellant/OP on 15.5.2003 - Application filed by son of the complainant/respondent to allow him to..........
Consumer Protection Act, 1986, Section 14(1),2(1),(d),(i),(ii), 2(1),(o) -- Electricity supply - Deficiency in service - Non supply of three-phase electricity for 52 days to the petitioner - Preliminary objection by OP that the complaint cannot be adjudicated by the Commission as it does not fall under Section 14(1) of the CP Act repelled - Held that this section deals..........
Consumer Protection Act, 1986, Section 11(2) -- Refund - Territorial jurisdiction - Newspaper advertisement - Appeared in newspaper published from Chandigarh - Seeking application for admission in Academy situated in Pondichery - It does not give cause of action to file complaint within territorial jurisdiction of Chandigarh - Respondent Company has no agent at Chandigarh..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Deficiency in service - Compensation - In the absence of deficiency is service complainant may seek a remedy under the common law by filing suit for damages - But he cannot successfully bring a complaint on the basis of deficiency in service before a Fora established under the provisions of the CP Act...........
Consumer Protection Act, 1986, Section 2(1),(o) -- Service - Statutory function - Tehsildar being statutory authority - Depositing of fee of Rs 40 by complainant for survey of land - Tehsildar unable to perform duty - It does not give rise to deficiency in service under the CP Act - Paying fees is mandatory payment under statute and does not amount to hiring for service -..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Electric connection - Applicant for - He is a potential user of electricity and ready to pay the installation charges and hiring charges of electricity - Falls within the definition of `consumer' as defined in the CP Act...........
