Housing -- Delay in construction - Escalation cost - Compensation - The delay had been caused due to own negligence of the complainant letting the sanction of the site plan lapse - No evidence produced by the complainant to justify the claim amounting to Rs. 1,50,000 - Order of the District Forum declining claim of compensation due to escalation of construction cost..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Sufficient cause - Principles governing : (1) Ordinarily a litigant does not stand to benefit by lodging an appeal late; (2) Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that..........
Indian Penal Code, 1860, Section 304A -- Negligence and rashness are essential elements u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent - Criminality may be that apart from any mens rea - There may be no motive or intention still a person may venture or practice such rashness or negligence which cause the death of the other - Death so caused is not the determining factor...........
Airlines -- Confirmed ticket for 6.4.1997 but name not included in the list of persons who were to go to Washington and name included in the list of 7.4.1997 - The agent has rightly issued the ticket but due to negligence on the part of the employees of the appellant at Delhi the name of the complainant not included - It would amount to deficiency in service on the part of..........
Consumer Protection Act, 1986, Section 21(1)(a)(ii) -- Revision - Condonation of delay - Delay of 122 days in filing the revision petition - Explanation given for delay - Keeping in view the law laid down by the Supreme Court that to advance substantial justice, the acceptance of explanation should be the rule and refusal an exception, the more so when no negligence or..........
Medical negligence -- Deceased had angina pain at 5.30 a.m. and 6.30/7.00 a.m. he developed sudden cardiovascular collapse and was declared dead at 8.30 a.m. - Inquiry report make clear that possibility of Myocarditis was remote - The deceased was treated properly and there was no negligence in treatment on the part of the treating doctors - Neither Echocardiogram nor..........
Consumer Protection Act, 1986, Section 13 -- Procedure - Cross - examination of witness - Medical negligence - Held that cross - examination of a witness or a party before a Forum under the CP Act is not a rule and it is only an exception - When reputation of a person like a medical practitioner in the case of alleged medical negligence is involved, he will have a right to..........
Insurance claim -- Repudiation - There being no materials at all that article covered for Rupees 10 lakh were very much available in the complainants' premises after shifting from 'PS' premises and were damaged in fire - Insurance company has committed no fault or negligence in not settling claim in that respect - The Insurance Company has not been intimated either by the..........
Insurance claim -- Group Insurance Policy - Time barred claim - Claim submitted by respondent to the employer within two weeks of death of insured in March, 2002 itself - Claim not settled by the appellant Insurer and hence complaint instituted in June, 2006 - It could not be said that there was fault or delay or negligence on the part of the complainant in lodging the..........
