Consumer Protection Act, 1986, Section 2(1)(g) -- Carrier service - The booking of consignment and its having caught fire in the godown of the petitioner is not in dispute - As per the provision of Carriage Act, the transport is a bailee of the goods - It is incumbent on him to deliver the goods at the destination in the same condition in which it was received by the..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 135 , 152 -- Electricity theft - Compounding notice - On the basis of checking report - No case of the OP that when the notice in question was issued to the complainant, any criminal case was registered against him - Assessing Officer, at the first instance passed the order assessment taking it..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Proof as to owning agricultural land- No convincing evidence to prove income out of the land - It cannot be said that there is a total loss of income due to the injury suffered by the appellant - Calculation of amount of compensation on basis of notional income upheld...........
Credit card -- BOB Card - Loss of - Request for hot listing in later part of March, 2001 - Action taken by petitioner only on 5.4.2001 - In the interregnums some unscrupulous person who used it made purchases worth around Rs. 1,20,00 which was in excess of limit of Rs. 54,000 sanctioned to the respondent - Order of the State Commission holding that in any case respondent..........
Insurance claim -- Assessment of loss - If the Surveyor fails to assess the loss for the reason best known to him, despite necessary records furnished by the complainant, then the complainant should not suffer. )..........
Compensation -- Just compensation - It would mean award of reasonable rate of interest in case of loss suffered in terms of rupees. )..........
Insurance claim -- Malicious act - Burden of proof - Plea that the damage suffered by the complainant is due to malicious act or, it is due to mistake or negligence on the part of the concerned employee in feeding contaminated Purified Terephathalic Acid bags in the hopper - Held that in such type of cases burden of proof to establish that contemplated peril occurred, is..........
Scooter, Section 2(1)(g), Electricity Act, 1910, Section 26(6) -- Manufacturing defect - From the very beginning the scooter is suffering from various defects/problems - Due to which the complainant has not been able to enjoy the vehicle - Rather he has been compelled to make numerous visits to the premises of the appellants/OPs - The complainant has placed on record the..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Scope - For applicability of the provision conditions required to be fulfilled are : Whoever with intent (i) to overawe the Government as by law established; or (ii) to strike terror in the people or any section of the people; or (iii) to alienate any section of the people; or (iv) to adversely..........
Vehicle finance -- Hire purchase agreement - Forcible repossession of vehicle - Held that to take possession of the vehicle by use of force cannot be justified - Respondent used the vehicle for two three months and the vehicle was seized from the complainant and auctioned and sold unjustifiably at low price - Order passed by the State Commission directing the appellant to..........
