Medical negligence -- Averments of the complainant that his son was admitted in the OP hospital as a case of pneumonia but he was not attended to or examined for 18 hours and no medicine administered though the petition suffered from serious ailment due to the negligence of OPs after a few days he died - The evidence on record shows that the deceased was attended to by..........
Medical service -- Deficiency in service - Total bill payable was to the tune of Rs. 25,732 and the OP demanded payment of Rs. 45000/ - and only after deposit of the amount the dead body of the deceased son of the complainant released after more than 13 hours - This held to be a deficiency on the part of OP - hospital in asking the complainant to deposit Rs. 45000 when the..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Manufacturing defect - Res - ipsa loquitor - Deficiency in service - Compensation - Punitive damages - After examination of the vehicle by Engineer of OP No. 2 defective engine replaced by OP No. 1 - Doctrine of res - ipsa loquitor invoked - Respondents would have not replaced the engine in case there was..........
Consumer Protection Act, 1986, Section 2(1)(g), Railway Act, 1989, Section 100 -- Railways - Cash of Rs. 8,000/ - and ornaments found missing from the suitcase lying in the train - Plea of the petitioner - complainant when he went to urinal he saw caterer counting the notes near washbasin - He tried to give complaint in the train but did not find the conductor or the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Car - Manufacturing defect - Compensation - There is no material on record to establish that the vehicle suffered any manufacturing defences - Simply because the vehicle had to be brought to Service Station 8 - 10 times it cannot be said it had manufacturing defect - Held that necessity for taking the vehicle to..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyor's report - Before submitting his claim complainant appointed Surveyor to assess the loss to the factory due to super cyclone and on that basis submitted claim of Rs.40 lakhs and odd - Loss assessed by the Two Surveyors appointed by the Insurance Company Rs. 6..........
Consumer Protection Act, 1986, Section 2(1)(f), 13(1)(b), 14 -- Motor vehicle - Manufacturing defect - Expert evidence - Compensation - Vehicle suffered only minor defects in the nature of clutch plate, assembly, tool pump, valve, cylinder, slibs, piston rings etc. - Those cannot be termed as manufacturing defects, especially when the vehicle has been extensively used and..........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 19 -- Marine insurance - Fishing boat - Repudiation - On the ground that appellant did not act with utmost good faith and claim lodged false and fabricated - Before the State Commission the complainant did not attempt to rebut any of the grounds cited by the OP Insurance Company in its..........
Banking service -- Deficiency in service - Compensation - With the permission of appellant respondent No. 1 replaced 23 cheques issued in appellant's favour drawn on IDBI in place of 23 cheques of HDFC Bank in lieu of home loan - Instead of returning the 23 cheques to OP 1 appellant chose to send the same through Courier Company and OP 1 received mutilated and torn..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Personal Accident Insurance of Farmers, Farm Labour and Mandi Workers - Contract of insurance - Insurance claim - Repudiation - A clear cut proposal effecting insurance was made by the complainant and in response thereto the OPs expressed explicit and unreserved intention to accept the said proposal and to create complete..........
