Banking service -- Cheque loss - Cheques issued in favour of petitioner submitted to the respondent Bank stood dishonoured - Respondent Bank returned the cheques to petitioner which lost in transit - Held that the case tantamount to deficiency is service by the Bank - But the bank cannot be held liable to reimburse the value of the cheque lost in transit - Award of..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Postal service - Misdelivery of letter - There has been a default and gross negligence on the part of the postal authorities in not ensuring the delivery of the postal articles to the right addressee, which has caused pecuniary loss to the complainant - Postal authorities cannot take..........
Appointment -- Confirmation - Post of Director, Human Resource Management - The allegation in the case related to not only having caused financial loss but also mis - appropriation as concluded by fact finding inquiry - Refusal of the petitioner to face a regular inquiry which would have concluded the matter - The decision of the Board of Management that approval be not..........
Health care -- Weight reduction - Package for - Deficiency in service - Compensation - Instead of 20 Kgs. of weight reduction there was reduction of weight of 12.7 kgs. - The complainant has availed of service and lost some weight - A sum of Rs. 25,000/ - awarded as compensation by the State Commission - Compensation sought for loss of prospectus of marriage or loss for..........
Civil Procedure Code, 1908, Order 39.Rs.1, -- Temporary injunction - Trade mark - Prima facie opinion that a man with ordinary prudent is likely to be deceived while purchasing product as two trade marks are quite similar to each other and there is every likelihood of general public being deceived while purchasing goods of defendants - Even, there is further likelihood..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Education - School fee - Refund of fee - Unfair trade practice - Admission of daughter of respondent in nursery - The classes to start w.e.f. 3.4.2008 - Request for cancellation of admission on 14.2.2008 - Only caution money of Rs. 10,000/ - refunded out of Rs 28,100/ - Student did not attend class for a single day - Not..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898 -- Post Office Guide - Part - I, Clause 170 - Postal service - Registered envelope - Lost in transit - As per provisions contained in Clause 170 of Post Officer Guide Part I the admissible ex gratia amount of compensation to the tune of Rs. 100 was only payable for the registered post - Provision of..........
Evidence Act, 1872, Section 65, Registration Act, 1908, Section 57(5) -- Secondary evidence - Registered sale deed could not be traced in spite of search - Existence and loss of original sale deed proved - There is a presumption that a registered document is validly executed - No rebuttal to the said presumption - Held, the document in question is admissible in evidence...........
Banking service -- Loan - Hypothecation of stock in trade - On oral instructions petitioner bank got the insurance done of the stock in trade of the previous years - The same not got renewed and policy lapsed - Held that having agreed to pay the premium and having right to charge such expenses on the premium of such policy to the account of the borrower, the petitioner..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyor's report - It is an important document - Cannot be viewed lightly - Surveyor had given complete reasoning and details outlining the basis and rationale on which he assessed the loss - Appellant/complainant preferred claim without any supporting document except a..........
