CiteTEXT
...Rs.6213/-. paid. But the consignment not reached at Agartala. It was not delivered. Inspite of several request the goods were not available. For this deficiency of service by this transport company...Petitioner claimed the value of the books Rs.4,32,000/- transport charge Rs.6,213/- and Rs.1 lakh in addition towards compensation for mental agony and deficiency of service. 2. O.P...claim it. On the way the driver and the vehicle was missing. Matter was informed to the West Agartala P.S. and also Garchuk Police station, Guwahati for investigation. O.P. has no deficiency of service...
...”) rejecting the appellant's complaint (OP No. 12 of 1996) under Section 21 of the Consumer Protection Act, 1986 (“the Act”, for short).Undisputed facts2. On...?(vi) Whether the respondent is guilty of the tortious act of negligence/battery amounting to deficiency in service, and consequently liable to pay damages to the appellant...claim for battery by a patient who underwent a caesarean section. During the course of caesarean section, the doctor found fibroid tumours in the patient's uterus. Being of the view that such tumours...
...into sub-section (2) of Section 34 of the Act by application of the principle known as casus omissus and the deficiency, if any, can be reconciled by purposive interpretation by reading the said...view of Section 34(2) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (in short “the Act”).3. The factual position sans unnecessary details is as...maintainable. Reliance was placed on the provisions contained under Section 32-G of the State Financial Corporations Act, 1951 (in short “the Financial Act)” to contend that no other proceeding is permissible...
...B.P Jeevan Reddy, J.— Leave granted.2. The definition of the expression ‘consumer’ in clause (d) of Section 2 of the Consumer Protection Act, 1986...expression as defined in Section 2(d) of the Act. The Commission allowed the appellant's claim partly, directing the respondent to pay to the appellant a sum of Rs 2.48 lakhs within 30 days failing which the...procedures should take particular account of the needs of low-income consumers.29. Governments should encourage all enterprises to resolve consumer disputes...
...contained in Section 2(1)(o).28. Shri Harish Salve has also placed reliance on the definition of the expression ‘deficiency’ as contained in Section 2(1)(g) of the Act...of the provisions of the Act in the context of deficiency in service it would be relevant to take note of the provisions contained in Section 14 of the Act which indicate the reliefs that...case is what the law require.”32. It is, therefore, not possible to hold that in view of the definition of ‘deficiency’ as contained in Section 2(1)(g...
...Jaswant Singh, J. (Oral).CM No. 26392-CII/2012 is allowed and delay in making good the deficiency in payment of court fee is condoned.CR 6213/2012....Petitioners (tenants) have filed the present revision petition under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 assailing the order...dated 27.11.2010 passed by the learned Rent Controller, Rewari whereby on the ground of material additions and alterations they have been ordered to be evicted from the demised shop situated at Jiwali...
...:“[1] From the aforesaid discussion, we are clear in our mind that there was negligence and deficiency of service on the part of the opposite parties at the different stages of the ...Party 4 and Opposite Party 5 and deficiency of service to the complainant patient. Since Opposite Party 6 is already represented through Opposite Party 1 (according to the notification establishing...parents of the child having hired the services of the hospital, are also the consumers within the meaning of Section 2(1)(d)(ii) and that they would also be entitled to award of compensation due to...
...Unauthorised Occupants) Act, 1958. The challenge was on the ground that Section 5(1) of the 1958 Act violated AAticle 14 of the Constitution. Section 5(1) of the 1958 Act conferred power on the Estate...Officer to make an order of eviction against persons who are in unauthorised occupation of public premises. The vice of Section 5(1) of the 1958 Act against Article 14 of the Constitution was this...of public premises for the application of the drastic procedure under the 1958 Act.2. The 1958 Act was amended in 1968. Section 10-E was introduced into the 1958 Act. Section...
...sometimes complicated questions requiring recording of evidence of experts may arise in a complaint about deficiency in service based on the ground of negligence in rendering medical services by a medical...deficiency in service may be due to obvious faults which can be easily established such as removal of the wrong limb or the performance of an operation on the wrong patient or giving injection of a drug to...Act. In complaints involving complicated issues requiring recording of evidence of experts, the complainant can be asked to approach the civil court for appropriate relief. Section 3 of the Act which...
...
Appeal No.6213 of 2024 Page 1 of 3
BEFORE THE APPELLATE AUTHORITY...
(Under the Right to Information Act, 2005)
SECURITIES AND EXCHANGE BOARD OF INDIA
Appeal No. 6213 of 2024...is not a Public Authority within the meaning under section 2(h) of the RTI Act. Hence, the said Committee would not fall within the purview of the said Act. The respondent provided the link for...
..., Gurugram-122015.
..….Opposite party
Complaint under Section 35 of Consumer Protection Act, 2019.
BEFORE: SHRI SANJEEV JINDAL...the current airfare" as was shown in Annexure C-1. As per the instructions provided by the OP, the complainant made the successful online payment of Rs.6213/- on 26.11.2020 at...@
2
Rs.6213/- only along-with the cheque of compensation amount of Rs.6213/- per day from 26.11.2020 to the date on which...
...P.N Bhagwati, J.— This appeal, by special leave, raises an interesting question of law relating to the construction of Section 235(2) of the Code of Criminal Procedure, 1973...without his lawyer and the learned Sessions Judge pronounced the judgment convicting the appellant of the offence under Section 302 of the Indian Penal Code and sentenced him to death. It was common...breach of Section 235(2) of the Code of Criminal Procedure, 1973 and that vitiated the sentence of death imposed on the appellant. This argument is a substantial one and it rests on the true...
...Central Government in the exercise of its power to remove difficulties under the Income Tax Act similar to Section 40 of the NPA Act was competent to supply a deficiency in the Act. Answering the above...Section 17(1) of the NPA Act. However, the 2004 Order dated 6-4-2004 does not, in any way, alter the scheme of the amended Act. It merely fills in the deficiency and, therefore, the 2004 Order will...S.H Kapadia, J.— A short question of public importance arises for determination, namely, whether withdrawal of OA in terms of the first proviso to Section 19(1) of the DRT Act...
...is condoned.The application stands disposed of.CM No. 6213-C of 2014The application is allowed as deficiency in Court fees has been made good subject to...20 of the Specific Relief Act. The agreement Ex.P1 has been held to be null and void. The appellant-plaintiff also did not prove the basic ingredients of Section 16(c) of the...AMIT RAWAL, J. (Oral)CM No. 6212-C of 2014For the reasons stated in the application which is supported by an affidavit, delay of 513 days in filing the appeal...
...powers and procedures in respect of the National Commission more explicit. It also seeks to insert new Sections 22-A, 22-B and 22-C and 22-D. New Section 22-A empowers the National Commission to set...7-8-1999. The complainants filed a complaint alleging deficiency in service and claimed compensation of Rs 15,00,000. The complainants did not take necessary steps to remove objection and to complete...amendment to the Act in 2003 whereby Section 22-A was introduced has the effect of conferment of power of restoration on the National Commission, but not to the State Commission. In view of the divergence ...
...for consideration in this appeal are: whether there was any deficiency in service on the part of the Postmaster, Post Office, Palani, the third respondent herein and whether the appellant complainant...conferred by Section 15 of the Government Savings Banks Act, 1873, the Central Government framed the abovementioned Rules. The Rules are applicable to the following accounts in the post office savings...appellant claimed interest and insisted for the same on the ground of deficiency in service on the part of the Postmaster, Palani, in view of Rule 17, the respondents are justified in declining to pay...
....”6. According to Section 22 whatever procedures which have been prescribed under Section 13 for the District Forum shall be applicable. Sub-sections (4), (5) and (6) of...any deficiency. The Institute also challenged the jurisdiction of the Commission to entertain the said original petition.3. A rejoinder was also filed by the appellant and it...on the ground of non-joinder of necessary party. As per the provisions of Section 22 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) the Commission has powers to regulate...
...question, it is necessary to refer to various provisions and decisions.3. “Driving licence” has been defined in Section 2(10) of the 1988 Act. The provision is extracted...as a learner, a motor vehicle or a motor vehicle of any specified class or description;”4. “Gross vehicle weight” has been defined in Section 2(15) thus...motor vehicle” has been defined in Section 2(21) of the Act thus:“2. (21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either...
...attributable to the appellant, i.e. the manufacturer as well as its dealer, and this amounted to unfair trade practice and deficiency in service within the meaning of the expression under Section 2(1)(g) read...service;”19. Insofar as there is no privity of contract between the appellant and the consumer no ‘deficiency’ as defined under Section 2(g) (quoted above) arises. Therefore...mental stress and agony in addition to costs of Rs. 5,000/-.5. Aggrieved, the manufacturer preferred an appeal to the State Commission under Section 15 of the Consumer...
...no deficiency in service as defined in Section 2(1)(g) of the Act. The learned counsel argued that the Commission has exceeded its jurisdiction in examining the administrative decision of the...institutions advance loans, they do render “service” within the meaning of the clause. In that behalf, there is no dispute.19. “Deficiency” under clause (g) of Section 2(1) of...D.K Jain, J.— The challenge in this appeal, filed under Section 23 of the Consumer Protection Act, 1986 (for short “the Act”), by Maharashtra State Financial Corporation...