CiteTEXT
...has been incorporated in Section 9 of the Carriers Act. Even assuming that Section 9 of the Carriers Act, 1865 does not apply to the cases before the Consumer Fora under the Consumer Protection ...Order1. The petitioner is a common carrier governed by the Carriers Act, 1865. It contends that under Section 14(1)(d) of the Consumer Protection Act, 1986 the Consumer...matters before the Consumer Fora under the Consumer Protection Act. It was also held that the principle underlying Section 9 of the said Act relating to burden of proof is a principle of common law and...
...of statutory period of two years under section 24A of the Consumer Protection Act. Therefore, in our opinion the complaint is hopelessly bar...Consumer Forum are governed by Section 24-A of the Consumer Act, 1986. Accordingly, the complaint of the complainant is hereby dismissed being time barred with no order as to...
...provided under Section 13(2)(b)(ii) of the Consumer Protection Act. It may be that in some cases the opposite party could face hardship because of such provision, yet for achieving the object of the Act..., which may be in exceptional cases. On the other hand, sub-Section (2)(b)(ii) of Section 13 of the Consumer Protection Act clearly provides for the consequence of the complaint to be proceeded ex parte...
to be mandatory, but not so for ordinary civil suits. Similarly, in our considered view, for cases under the Consumer Protection Act also, the time provided under Section 13(2...
..., (2019) 12 SCC 751, this Court held that Consumer Protection Act cases are not arbitrable. On a perusal of the judgment, no doubt reliance was placed on the Booz Allen Case (supra) and there is some...Emaar MGF Land Limited v. Aftab Singh, (2019) 12 SCC 751 a case relating to the Consumer Protection Act, 1986. Reasoning that the exemption...arbitration.”31. In Emaar MGF Land Limited, the Division Bench referred to the object and the purpose behind the Consumer Protection Act, 1986 as a law that meets the long...
...i.e. after the expiry of statutory period of two years under section 24A of the Consumer Protection Act. Therefore, in our opinion the compl...Consumer Forum are governed by Section 24-A of the Consumer Act, 1986. Accordingly, the complaint of the complainant is hereby dismissed being time...
...Protection Act and the cases before the Consumer Commission are governed by Section 69(1) of the Consumer Act. Accordingly, the complaint of the complainant is hereby dismissed being time barred. ...expiry of statutory period of two years under section 69(1) of the Consumer Protection Act. The Honble Supreme Court of India in Haryana...Urban Development Authority Versus B.K.Sood, Civil Appeal No.6572 of 2005 decided on 26.10.2005 has held below:- the Section debars any Fora set up under Act, admitting a complaint unless the...
...poorest operate to limit medical litigation in this country. With the emergence of the Consumer Protection Act no doubt in some cases patients have been able to establish the negligence of the doctors...” in the Consumer Protection Act, 1986. It was further stated that there has been no deficiency or negligence in service on the part of the doctors of the hospital and the negligence, if any, is on the...of the Consumer Protection Act could not be invoked against the insurer. According to the insurer the insurance company issued medical establishment professional negligence errors and omissions...
...Protection Act .
1 Criminal Cases criminal background . Concurrent Jurisdiction . Illegal .
11. , . II (2011) CPJ 280 United...India Insurance Co. Ltd. & Anr. v/s G. Rajyalakshmi & Anr. Consumer Protection Act, 1986 Sections 2(1)(g), 14(1)(d), 15 Insurance (Life) Tailor Made Personal...record nor did OP filed any material to evidence that there were any criminal cases filed against deceased to prove that it was murder by design and intent rather than a case of accidental murder Act of...
.... Therefore, in our opinion the complaint is hopelessly barred by limitation under section 24 A of the Consumer Protection Act and the ...24A of the Consumer Protection Act. The Honble Supreme Court of India in Haryana Urban Development Authority Versus B. K. Sood..., Civil Appeal No.6572 of 2005 decided on 26.10.2005 has held below:- Section 24-A of the Consumer Protection Act, 1986...
...." Therefore, in our opinion the complaint is hopelessly barred by limitation under section 24 A of the Consumer Protection Act and the ...Appeal No.6572 of 2005 decided on 26.10.2005 has held below:- "Section 24-A of the Consumer Protection Act, 1986...Protection Act. The Hon'ble Supreme Court of India in Haryana Urban Development Authority Versus B. K. Sood, Civil...
...opinion the complaint is hopelessly barred by limitation under section 24 A of the Consumer Protection Act and the cases before.... much after the expiry of statutory period of two years under section 24A of the Consumer Protection Act...on 26.10.2005 has held below:- Section 24-A of the Consumer Protection Act, 1986 (referred to as the Act hereafter...
...." Therefore, in our opinion the complaint is hopelessly barred by limitation under section 24 A of the Consumer Protection Act and the ...Appeal No.6572 of 2005 decided on 26.10.2005 has held below:- "Section 24-A of the Consumer Protection Act, 1986...Protection Act. The Hon'ble Supreme Court of India in Haryana Urban Development Authority Versus B. K. Sood, Civil...
...functioning of8.
consumer protection fora established under The Consumer Protection Act, 1986 (now The Consumer Protection Act, 2019) ...Consumer Protection Act,1.
1986 in challenge to the Order dated 27.06.2014 of the State Commission in appeal no. 264 of 2007 arising out of the Order dated 31.01.2007...limitation period stipulated under section 24A of The Consumer Protection Act, 1986.
The District Commission vide its Order dated 31.01.2007 allowed the complaint on...
...knowledge of mechanisms of meter reading, and that the Indian Teiegraph Act does not oust the operation of Consumer Protection Act ....(a) Whether the Formus under the Consumer Protection Act have jurisdiction to entertain and decide disputes...of by a Forum under the Consumer Protection Act which may not posses the necessary technical expertise concerning...
...both the cases assumed duel capacity being a purchaser as well as seller of the goods at the same time U/s. 2 (1) (d) of the Consumer Protection Act, 1986; the benefits...purview of Consumer Disputes as envisaged under the Consumer Protection Act, 1986. It appears that, the learned District Forum did ...Consumer Protection Act. As the complaints in both the cases are not Consumers as defined under the Act, cases wo...
...Consumer Protection Forum was found not to be a “consumer” under Section 2(1)(d) of the Consumer Protection Act, 1986 and on that ground the order of the consumer forum was held to be wit...166 of the Motor Vehicles Act, 1988 (“the Act”) for compensation before the Tribunal at Kolkata.3. Rash and negligent driving by the driver of the bus having been established...down by this Court in Mantoo Sarkar (2009) 2 SCC 244 under which the High Court could interfere in such cases only if there was failure of justice. The decisions of this Court in G.S. Grewal (2014) 7 SCC...
..., the agencies under the Consumer Protection Act, 1986 should also keep in mind the economic situation of the country. Encashment of dollar denominated deposits have certain economic implications. In the present case, none ...Redressal Commission, New Delhi (for short “the State Commission”) under the Consumer Protection Act, 1986 (for short “the Act”).3. The respondent herein was a non-resident...accordingly dismissed. Hence, this civil appeal comes before this Court at the instance of the Bank.8. The Consumer Protection Act, 1986 provides for formation of the National...
...the State Commission that the petitioner had failed to explain inordinate
delay of 491 days in filing the appeals. Under the Consumer Protection Act, 1986 consumer foras are
required to decide the cases...
Date of Filing: 19 Aug 2009
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION PETITION NO. No. RP/3074/2009
(Against the Order dated 25/05...
...State Commission that the petitioner had failed to explain inordinate
delay of 491 days in filing the appeals. Under the Consumer Protection Act, 1986 consumer foras are
required to decide the cases wit...
Date of Filing: 19 Aug 2009
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION PETITION NO. No. RP/3075/2009
(Against the Order dated 25/05...
...)‘2. … Even assuming that Section 9 of the Carriers Act, 1865 does not apply to the cases before the Consumer Fora under the Consumer Protection...of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”).6. The National Commission further held that Section 13(4) of the Act makes CPC applicable only...?(c) Whether the provisions of the Carriage by Air Act, 1972 will be read into the provisions of the Consumer Protection Act, 1986?...