Consumer Protection Act, 1986, Section 17(b),15 -- Revision - Appeal - Ex-parte order on merits passed directing the petitioner OP to make payment of Gratuity and GPF - Preliminary objection taken that revision filed against the order not competent - Plea of the petitioner OP that revision lies as matter relates to jurisdiction which has been wrogly decided by the District..........
Consumer Protection Act, 1986, Section 2(1),(O),17(a) -- Haryana Urban Development Authority Act, Section 38 - Deficiency in service - Complainant applied for change of use of land to Town and Country Planning Department, Haryana who granted the necessary permission - Plea of the complainant that HUDA did not develop the land and prayer to fasten liability in view of..........
Consumer Protection Act, 1986, Section 13,14 -- Pleadings - Relief - Car - Delivery not given within promised 8 months - Prayer for delivery of car with interest of 24% on deposited amount - District Forum directing refund of amount deposited with interest @18% - Plea by the petitioner OP that relief granted by the Forum was not prayed by the respondent complainant - Held..........
Refund -- Interest rate - Non-delivery of possession of house - Compensation - Appellant's plea for interest at the higher rate of 24% p.a. and compensation of Rs.1,63,400/- on account of rent paid and Rs.100000/- as compensation on account of mental agony and harassment - No force in the plea - Interest @ 18% p.a. on an amount of Rs.18,664.80p awarded by the District..........
Medical negligence -- Compensation - Death of the son of complainants 1 and 2 due to head injury - Allegations of deficiency in service against OPs - Stand of OPs 1 and 2 that the deceased was patient of OP No. 3 being treated in the nursing home OP 1 and 2 under direct treatment of OP 3 - Plea of OP 3 that he only being a super specialist was summoned by the attendants of..........
Insurance claim -- Repudiation - Plea that there was delay of one day as last date for payment of premium was 28.9.1992 and the same could have been deposited within a grace period of one month - Death of the husband of the respondent took place on 29.10.1992 - Findings of the District Forum as affirmed by the State Commission that grace period continued till 29.10.1992..........
Telephone bill -- Excessive and exorbitant - Plea of the OP that the demand was legitimate since there was no fault in the line or instrument of the complaint nor there was any evidence of the subscriber's telephone being misused by anybody - Findings of the District Forum on due appreciation of evidence that the OP has failed to observe strictly the procedures prescribed..........
Banking service -- Bank draft purchased by the petitioner allegedly lost and on request of the petitioner it was cancelled on getting indemnity bond with one surety - Bank draft encashed by the person to whom it was sent - Exercise of lien on the account of the complainant as well as on the FDR of Rs. 25,000/- standing in name of the surety - Plea of the petitioner of..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Death of appellant/defendant in second appeal - Second appeal dismissed on merits without knowledge of death of appellant - Execution against L.R's cannot be resisted on the plea that execution of decree passed in second appeal cannot be executed being nullity as passed against a dead person - Failure on the part of the L.R's..........
Insurance claim -- Repudiation - Lorry insured for one year against third party risk on 17.3.1989 - On 3.7.1989 additional amount remitted by complainant for conversion of the policy so taken into one of comprehensive policy - Lorry met with accident on 9.7.1989 - Claim repudiated on the plea that accident took place prior to 30.6.1989 - No supporting document produced in..........
