Consumer Protection Act, 1986, Section 13,14, Railways Act, 1989, Section 128 -- Maintainability of the complaint - Opposite Parties contending that the complaint is not maintainable as the complainants availed relief from the Railway Claims Tribunal - Held that in view of Section 128 of the Railways Act a second complaint for compensation is not maintainable...........
Consumer Protection Act, 1986, Section 27, Criminal Procedure Code, 1973, Section 4(2) -- Penalties - Applicability of the provisions of Cr.P.C. - Not expressly made applicable to the proceedings under the Consumer Protection Act - Having regard to the provisions contained in sub-section (2) of Section 4 of the Cr.P.C. the procedural provisions therein shall be attracted...........
Consumer Protection Act, 1986, Section 27, Criminal Procedure Code, 1973, Section 4(2),427(1) -- Penalties - Offender already undergoing sentence for another offence - Plea of the petitioner for directing to run the sentence concurrently rejected by respondent No.2 on the ground that the sentence imposed in the earlier consumer dispute was not directed to run concurrently..........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o), Employee's State Insurance Act, 1948, Section 75(3) -- Bar of jurisdiction - Consumer - Service - Tubectomy operation - Failure of - Complaint filed by the complainant alleging that her husband member of ESI Scheme and contributing from his wages for getting medical treatment and her tubectomy operation was for..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Ultra sound machine - Commercial purpose - Alleged deficiency of service in not supplying the Trans Vaginal Probe with the Ultra Sound Machine - Plea of the OP that complainant not a consumer as the machine purchased not for earning livelihood - Complainant at the time of purchase of machine was in Government..........
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 26 -- Vexatious complaint -Insurance claim - Policy against theft of household personal luggage taken by appellant for a sum of Rs. 5,000 - Claim for missing brief case while travelling by train for the sum of Rs. 7,178 which was settled for Rs. 1463 by the respondent OP - There is nothing in detail to indicate as to what articles..........
Consumer Protection Act, 1986, Section 2(1),(d),(i) -- Consumer - CNC and spindle lathes machine purchased by the complainant-company for a sum Rs. 20 lacs - Complainant alleging late delivery, less production and manufacturing defect in the machine - The machine purchased for carrying activities on a large scale for the purpose of earning huge profits - The purchase made..........
Consumer Protection Act, 1986, Section 2(1),(r),(1),(vi) -- Unfair trade practice - Finance Service - OP finance company agreed to render their services for the arrangement or the procurement of a loan from third parties at the agreed commission quantified at the rate of 2.5% of the loan amount p.a. - No service was rendered by the OP finance company in procuring a third..........
Plot allotment -- Possession not delivered even after six years of deposit of money - Direction by the District Forum to deliver the possession of plot allotted or in the alternative another plot with interest at the rate of 18% p.a. on the amount deposited with escalation cost of construction of Rs. 25,000 and to pay Rs. 20,000 on account of mental and physical harassment..........
