Housing -- Plot allotment - Cancellation of plot allegedly for non deposit of developmental charges - The OP has not filed any agreement of sale wherein terms and conditions as to manner of payment of developmental charges as also cost of the plots have been incorporated - Only the membership form has been made basis of contract which does not speak of any power conferred..........
Medical negligence -- Termination of pregnancy - To establish liability of medical negligence it must be shown that there is a usual and normal practice; the OP has not established it ; and that the course in fact adopted is one no professional man of ordinary skill would have taken had he been acting with ordinary care...........
J&K Consumer Protection Act, 1987, Section 11(1), Medical Termination of Pregnancy Act, 1971, Section 7 , 8 -- Medical negligence - Termination of pregnancy - Compensation - OP had treated the complainant at different nursing homes for days together and had failed to take all reasonable measures which should have been taken to prevent damage which was caused to the uterus,..........
Banking service -- Cheques - Encashment of cheques despite `stop payment' instructions - Constitute deficiency in service - OP - Bank liable to indemnify the loss suffered by the complainant - OP directed to pay to the complainant a sum of Rs. 11,98,081 the total amount of six cheques debited to the account of the complainant despite restrain instructions with interest @..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Repudiation - Surveyor's report - OP appointed a qualified Surveyor as required u/s 64 UM of the Insurance Act - Despite having assessed the loss, the Surveyor took into account the technical opinion of competent laboratory/institute to the effect that the fire that..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 24A -- Additional remedy - Vehicle finance - Limitation - A civil suit regarding the vehicle in question was filed by the OP before filing of the complaint before the District Forum - That suit still pending adjudication between the parties - Vehicle purchase by the complainant with the financial help of OP was alleged to..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) , 14(1)(d) -- Soft drink - Deficiency in service - Unfair trade practice - Compensation - Enhancement of compensation - In two bottles of soft drink purchased by the complainant - appellant dead insect found in one bottle whereas in the second bottle some foreign object detected - The bottles were duly sealed and..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Housing - Flat booking - Both the OP's are based at Sirhind and carrying on business at Sirhind - Mere issuing of a cheque toward booking amount from Chandigarh and its encashment from Chandigarh does not provide any part of cause of action in favour of the complainants to file complaint at..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Plot of Shop-cum-flat - Transfer of plot - The question of title was seriously in dispute and it required determination by the Civil Court - Appellant-OP justified in refusing to transfer the plot of the Shop-cum-Flat in favour of the Respondent - Impugned judgment of the District Forum liable to be set aside...........
Consumer Protection Act, 1986, Section 2(1)(f) , 2(1)(g) , 14(1)(d) -- Air conditioner - Defective AC - Deficiency in service - Compensation - From the very beginning the AC was giving noise - Despite checking a number of times OP failed to rectify the defect in the AC - Order of the District Forum directing replacement of defective AC with a new one with the same model..........
