Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - 7 flats booked by complainant and her family - Respondent - complainant failed to indicate any acceptable or logical reason to confirm that these flats were actually needed by the family for the living of its members and not for sale - The complainant held not a consumer as defined in Section..........
Prevention of Corruption Act, 1988, Section 19(1) -- Illegal gratification - Sanction - For prosecution of offences u/ss 7, 10, 11, 13 and 15 of the Act, sanction is required from the Central Government or the State Government as the case may be - No finding or order passed by Special Judge can be reversed or altered by a court in appeal, confirmation or revision on the..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Postal service - Registered letter - Non delivery of - Returned with endorsement 'not found' - Not the case of the postal department that the house was locked or the addressee was untraceable - Petitioners have only said that on a particular day he was not found - The complainant led..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair tradepractice - Security Scheme - Deceased member of Security Scheme of the Society - Required amount of membership debited to her saving account - On death of the member amount of Rs. 1 lakh under the Scheme not paid to the heirs in terms of Scheme - The clause relied upon smacks of the unfair trade practice as..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Insurance claim - Affidavit of officer of the financier bank with regard to Stock Statement - On behalf of petitioner Insurance Company no cross - examination done as regards averments made in the affidavit - No reason to disbelieve the unrebutted affidavit with regard to verification of stock - No..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Postal service - Misdelivery of letter - There has been a default and gross negligence on the part of the postal authorities in not ensuring the delivery of the postal articles to the right addressee, which has caused pecuniary loss to the complainant - Postal authorities cannot take..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898 -- Post Office Guide - Part - I, Clause 170 - Postal service - Registered envelope - Lost in transit - As per provisions contained in Clause 170 of Post Officer Guide Part I the admissible ex gratia amount of compensation to the tune of Rs. 100 was only payable for the registered post - Provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Accused found in possession of 15 Kg of poppy husk - Accused convicted by trial court - Conviction set aside as prosecution case suffers from following infirmities : (a) No independent witness joined by the investigating officer at the time of alleged search and seizure, despite availability; (b) Alleged..........
Consumer Protection Act, 1986, Section 14(2)(A) -- Procedure - Signing of order - Divergent opinion of President and Member of Forum - Case kept pending and on appointment of third member after more than one year matter referred to her who agreed with member and allowed the complaint - The order signed singly which is in violation of the provisions of Section 14(2)A) -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Delay of 7 days in sending sample for analysis - Seals found intact and untampered - Not fatal to proseuction case. None tampered with the sample parcels, until the same reached the office of the Chemical Examiner. Above all, there is report of the Chemical Examiner Ex.P11, which clearly..........
