Medical negligence -- Allegation that decision to proceed with the surgery despite knowing that there were adhesions and gall bladder was not free from liver and decision to persist with surgery by Laproscopy despite perfused bleeding was an act of medical negligence in which patient died - Despite cross examination of the OP Surgeon not a single question put to him..........
Fixed deposit -- Non payment of maturity amount - Deficiency in service - Direction to OP 2 to refund the amount and compensation of Rs, 1,500 - Plea of the complainant petitioner that it was respondent No. 1 on whose representation he had deposited the amount and to fasten liability on him repelled by the District Forum as well as in appeal by the State Commission - Held..........
Housing -- Refund of earnest money - Deficiency in service - Interest - Delay of five years in refund of the amount and that too without ineterest - Plea of the petitioner OP that respondent did not ask for refund of money - Not informed if respondent was ever made aware of the fact that he would get the money refunded on his asking - Award of interest @ 18% by the State..........
Education -- Admission - Grievance of the complainant that the opposite party No.1 had not given admission to her for Diploma Course in Pharmacy and had wasted one year of complainant - Complainant not producing the brochure to establish whether she was eligible for admission in the said course or not and whether the students having lower marks/rank than her were admitted..........
Housing -- Complainants purchasing a block in the Society constructed by OP's by paying Rs.10,000/- each as development charges - Facilities and services as advertised and promised not provided - OP's held deficient in service - However, some expenses incurred by OP's - Order of the District Forum modified and OP's directed to pay Rs.6250/- with interest @ 10% p.a...........
Electricity disconnection -- Deficiency in service - Compensation - Non payment of bill for excessive load amounting to Rs. 8,400/- issued on the basis of surprise inspection - On deposit of amount and reconnection charges connection restore after eight days - District Forum holding deficiency in service on the part of petitioner OP and a compensation of Rs. 20,000/-..........
Consumer Protection Act, 1986, Section 21 -- Insurance claim - Repudiation - Claim totalling about Rs. 1 crore - Contention of OP that it has already paid the complainant a sum of Rs. 4,35,246/- in complete satisfaction of its insurance claim - Arbitration clause also existed - Numerous documents are on record - It would be difficult to decide such a matter on the basis of..........
Insurance claim -- Damaged car got repaired from authorised dealer for Rs. 37,557.27 - Respondent OP agreeable to settle the claim at Rs. 20,868/-, i.e. the loss as assessed by Surveyor which the complaint agreed to accept under protest but the same not paid - District Forum arrived at the amount of compensation of Rs. 34,519.27 - In appeal of respondent OP the amount..........
Insurance claim -- Floater Fire Policy - Non settlement of claim - The exhibition ground where the Stock of the complainant Ashram were lost in fire was neither specified in the annexure to the policy nor even remotely inferred to find mention in alleged letter written on 3.10.1991 - Held that insurance policy is a contract of good faith - The complainant has failed to..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action arose in 1997 - Complainant going to the banking Ombudsman but not shown as to when did he approach the Ombudsman - There is no acknowledgement from the OP of liability placed on record - No application for enlargement of time or furnishing reasons as to why it should be entertained beyond..........
