Plot allotment -- Re - allotment of plot - Delay in possession - Compensation - Interest - The cases of re allottees cannot be compared to cases of original allottees who were made to wait for a decade or more for delivery and thus put to mental agony and harassment - They were aware that time for performance was not stipulated as the essence of the contract and original..........
Haryana Urban Development Authority Act, 1977, Section 42 -- Plot allotted on 19.12.2003 - Possession delivered on 25.09.2006 - Building plan not submitted within 3 years and thus rejected - Letter of offer of possession not dispatched as per requirement of Section 42 - Held, limitation of three years to submit building plan will commence from the date of delivery of..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Post Office Act, 1898, Section 6 -- Postal service - Registered envelope - Non delivery of - Contained demand draft - Neither alleged nor established that there was willful act or default on the part of the Department - Even the legal notice sent by the complainant to the Department does not allege any 'wilful'..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Housing - Flat - Delay in delivery of possession - Compensation - As per terms of the brochure the complainant was entitled to possession after payment of the amount - Complainant deposited the amount in 1990 but possession given in 1997 that too of incomplete houses - Contention of the OP that time was not the..........
Car -- Defect in car - Engine of the vehicle stopped all of a sudden when it had already run more than 5000 kms - Problem had been identified and with replacement of almost 50% engine the defect rectified - Despite notice to take delivery complainant without any reason delayed the delivery for nearly ten months after a satisfactory trial run - Car had run more than 32000..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(4) -- Passage carved out for respondents for ingress and outgress to their lands during consolidation - Passage carved out of the land belonging to petitioner - Passage in existence for more than 40 years - Petitioner is not entitled to encroach the passage - In case passage is..........
Car -- Enhancement of price after the maturity of turn but before delivery of car - Finding of fact by District Forum that price revised consequent to the increase in the Central Excise Duty - Increase in price neither retained by manufacturer nor by the dealer - Delay in delivering because of colour choice by complainant - Impugned order of State Commission allowing..........
Insurance claim -- Repudiation - Compensation - Costs - Short delivery of 335 kgs of the insured commodity valued at Rs. 58, 521.15 - Complainant a senior citizen made to run from one Consumer Fora to another for 12 years - This is nothing short of excessive harassment - The amount ordered to be paid by insurance company with interest @ 15% p.a. from the date of completion..........
Consumer Protection Act, 1986, Section 2(1)(g) , 3 , 14(1)(d), Carriage by Air Act, 1972, Article 14 -- Airlines - Excess baggage - Deficiency in service - Additional remedy - Compensation - Liability under Carriage by Air Act is limited liability uniformally applicable as per weight of the baggage irrespective of valuables - Whereas the liability arising out of deficiency..........
Consumer Protection Act, 1986, Section 2(1)(d) , 14(1)(d) -- Housing - Flat - Delay in delivery of possession - Compensation - Enhancement of compensation - Dispute between the parties is with regard to alleged forgery of the Construction Agreement and consequent non payment of the agreed amount - It would be open to both the parties to approach Civil Court any other..........
