Consumer Protection Act, 1986, Section 2(b),(v) -- Legal representatives - Impleadment of - Complaint filed in the year 2000 - Complainant died on 27.6.2001 but the fact not brought to the notice of District Forum and complaint partly allowed on 13.3.2003 - Appeal filed by appellant/OP on 15.5.2003 - Application filed by son of the complainant/respondent to allow him to..........
Consumer Protection Act, 1986, Section 2(1),(g), Contract Act, 1872, Section 230 -- Carrier Service - Deficiency in service - Non delivery of goods by OP (ACS) in terms of contract to whom they were given for carriage from Bombay to Norfolk, VA USA - The OP relied upon cargo receipt dated 23.12.1994 and bill of lading 20.12.1994 - The OP neither filed bill of lading..........
Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Transfer of Property Act, 1882, Section 52 - Ex parte decree - Lis pendens transferee - Locus Standi to move application for setting aside ex-parte decree - Held that a lis pendens transferee, though not brought on record under Order 22 Rule 10 CPC, is entitled to move an application under Order 9 Rule 13 to set aside a..........
Consumer Protection Act, 1986, Section 14(1),2(1),(d),(i),(ii), 2(1),(o) -- Electricity supply - Deficiency in service - Non supply of three-phase electricity for 52 days to the petitioner - Preliminary objection by OP that the complaint cannot be adjudicated by the Commission as it does not fall under Section 14(1) of the CP Act repelled - Held that this section deals..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 20(1), 6, 8, 9, 10, 11, 15 -- Excess vacant land - Exemption - State Government is empowered to impose conditions while granting exemption under Section 20 but such conditions cannot run contrary to or defeat the provisions of the Act...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Detention order - Seizure of bags containing Indian currency notes from the detenu at the airport - Detenu, a lady, accompanied her husband on tour to Dubai from Mumbai - Even on two previous occasions the detenu lady had been to Dubai in the company of her husband, who is..........
Consumer Protection Act, 1986, Section 11(2) -- Refund - Territorial jurisdiction - Newspaper advertisement - Appeared in newspaper published from Chandigarh - Seeking application for admission in Academy situated in Pondichery - It does not give cause of action to file complaint within territorial jurisdiction of Chandigarh - Respondent Company has no agent at Chandigarh..........
Consumer Protection Act, 1986, Section 26 -- Costs - Appeal dismissed on merits - As the complaint was not frivolous and vexatious under Section 26 of the Act the costs of Rs.1,000/- imposed set aside...........
Consumer Protection Act, 1986, Section 2(1),(d),(o) -- Commercial sites - Auction sale - Service - Sale price had not been paid at the time of auction but the balance amount was to be paid in the installments by the complainant - It is undisputed that the P.S.I.E.C was required to render services after issuance of the letter of the allotment - It could not be said that..........
Partnership Act, 1932, Section 69(3), Arbitration and Conciliation Act, 1996, Section 9 -- Arbitration application by a partner of unregistered firm or by a person not shown as partner in Register of Firms - Section 69 of Partnership Act has no bearing on right of a party to an arbitration clause to file an application u/s 9 of Arbitration Act...........
