advocatemmmohan
National Commission
whether in the absence of any prayer made in the complaint and without evidence of any loss suffered, the award of punitive damages was permissible. = Neither there is any averment in the complaint about the suffering of punitive damages by the other consumers nor the appellant was aware that any such claim is to be met by it. Normally, punitive damages are awarded against a conscious wrong doing unrelated to the actual loss suffered. Such a claim has to be specially pleaded.-The National Commission in exercise of revisional jurisdiction was only concerned about the correctness or otherwise of the order of the State Commission setting aside the relief given by the District Forum and to pass such order as the State Commission ought to have passed. However, the National Commission has gone much beyond its jurisdiction in awarding the relief which was neither sought in the complaint nor before the State Commission. We are thus, of the view that to this extent the order of the National Commission cannot be sustained. = 2014- Oct. Part – CIVIL APPEAL NOS. 8072-8073 OF 2009 GENERAL MOTORS (INDIA) PRIVATE LIMITED ….. APPELLANT VERSUS ASHOK RAMNIK LAL TOLAT & ANR. ….. RESPONDENTS
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8072-8073 OF 2009 GENERAL MOTORS (INDIA) PRIVATE LIMITED ….. APPELLANT VERSUS ASHOK RAMNIK LAL TOLAT & ANR. ….. RESPONDENTS J U D G M E N T ADARSH KUMAR GOEL, J. 1. These appeals have been preferred against the order dated 16th … Continue reading
writ petition under Article 226 of the Constitution of India before the High Court, inter alia, praying that Regulation 15 of the Regulations be struck down on the ground that the said Regulation being ultra vires of the said Act, and further the review application filed by the appellant should be re-heard by the National Commission granting an opportunity to present the case by making oral arguments. = Surendra Mohan Arora … Appellant :Versus: HDFC Bank Ltd. and Others …Respondents = 2014 (April. Part)http://judis.nic.in/supremecourt/filename=41471
writ petition under Article 226 of the Constitution of India before the High Court, inter alia, praying that Regulation 15 of the Regulations be struck down on the ground that the said Regulation being ultra vires of the said Act, and further the review application filed by the appellant should be re-heard by the National Commission granting an opportunity … Continue reading
Sec.25,26 and 27 of Consumer Act = Builder failed to provide amenities , Club House etc., and made constructions against the rules of Municipal Nagara Palika – Deficiency in service – consent decree to pay interest on failure to full fill obligations – Executions filed – Appeal lies but not revision – On merits also the builder is at deficiency of service = M/s. Sunny Brooks -vs – Aparajitha Bhandary = published in http://164.100.72.12/ncdrcrep/judgement/0013111410493830RP386238762010.htm
Sec.25,26 and 27 of Consumer Act = Builder failed to provide amenities , Club House etc., and made constructions against the rules of Municipal Nagara Palika – Deficiency in service – consent decree to pay interest on failure to full fill obligations – Executions filed – Appeal lies but not revision – On merits also the builder is at deficiency of service = The State … Continue reading
advocatemmmohan 