advocatemmmohan
State 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
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
Theft of a car – Immediate issuing of notice of theft is must = No notice was given immediately after the theft was occurred so the complainant is not entitled to any insurance claim = New India Assurance Co. Ltd.-vs- Ram Avtar= Published in http://164.100.72.12/ncdrcrep/judgement/00131111121816967FA14109.html
Theft of a car – Immediate issuing of notice of theft is must = No notice was given immediately after the theft was occurred so the complainant is not entitled to any insurance claim = It appeared that the Respondent/Complainant took almost one month to give intimation about the alleged theft with a view to hide various facts and avoid detection of the … Continue reading
Insurance against floods – house and household articles – surveyor assessed the loss to be Rs.30,050/- – compensation was fixed= Sri Anil Chandra Dey Versus 1. The New India Assurance Co. Ltd. 2. The Divisional Manager, The New India Assurance Co. Ltd .- http://164.100.72.12/ncdrcrep/judgement/00131023102711345RP20192008.htm
Insurance against floods – house and household articles – surveyor assessed the loss to be Rs.30,050/- – compensation was fixed even though there are no records for repairs except on oral evidence of contractor and photographs = the complainant/petitioner Amit Chandra Dey got his residential house insured with the OP, New India Assurance Co. Ltd. vide policy no. 530600/48/01/0045 for the period … Continue reading
unsolicited calls from banks/financial institution, like ICICI, UTI, HSBC, HDFC etc. for tele-marketing their products and services.- complaint =
unsolicited calls from banks/financial institution, like ICICI, UTI, HSBC, HDFC etc. for tele-marketing their products and services.- complaint = A complaint filed for unsolicited calls claiming heavy damages before the state commission – State commission converted the complaint as a representative suit – Cellular Operators Association was also impleaded after that – interim orders given … Continue reading
Death due to accidental fall from upstairs – No proof – claim repudiated= Life Insurance Corporation of India Branch Manager Naidupetta Branch Nellore District Petitioner Through Assistant Secretary Northern Zonal Office Jeevan Bharti, Cannaught Circus New Delhi Versus N Shanker Reddy Son of Late Sarasamma Resident of Malakalapudi Village Respondent Chittamuru Mandal District Nellore, Andhra Pradesh- published in http://164.100.72.12/ncdrcrep/judgement/00131011133657827RP38692008html1.htm
Death due to accidental fall from upstairs – No proof claim repudiated = Death due to accidental fall from upstairs – no medical report, no police report and to say negative the report submitted does not belong to deceased as evidenced by reply of M.R.O. – No supporting affidavit who witnessed the incident filed – District consumer … Continue reading
Non allotment of site as per allotment letter even after 11 years after depositing entire amount for constructing Jain temple by Authorities on lame excuses is nothing but deficiency of service = 1. Punjab Urban Planning & Development Authority through its Chief Administrator, PUDA Bhawan, Sector-62, SAS Nagar, Mohali. 2. The Estate Officer, Punjab Urban Planning & Development Authority, SCO 41, Ladowali Road, Jalandhar(Now JDA) …Petitioners Versus Sh. Atmanand Jain Shabha (Regd.), Chowk Jain Mandir Bazar Kalan, Jalandhar, through its President …Respondent – published in http://164.100.72.12/ncdrcrep/judgement/00131010143146189RP24062407%202013.htm
Non allotment of site as per allotment letter even after 11 years after depositing entire amount for constructing Jain temple by Authorities on lame excuses is nothing but deficiency of service = District Consumer Disputes Redressal Forum,Jalandhar (for short, ‘District Forum’) vide its order dated 26.2.2007, allowed the complaint and passed the following directions; “We … Continue reading
In this case, as vehicle has been sold by complainant during pendency of appeal which was filed in the year 2007 and decided in the year 2012, complainant ceases to be a consumer under C.P. Act and complaint is liable to be dismissed.
published in http://164.100.72.12/ncdrcrep/judgement/00131015115541960RP262212.htm NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2622 OF 2012 (From the order dated 16.04.2012 in Appeal No. 302/2007 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh) M/s. Honda Cars India Ltd. Plot No. A-1, Sector 40/41, Suraj Pur – Kasna Road, Greater Noida Indl. Dev. Area Gautam Budh Nagar, U.P. – 201 306 …Petitioner/Opp. Party … Continue reading
Electricity Act old and new sec.22,27, 86 and 111 of new Act= Himachal Pradesh State Electricity Regulatory Commission and another …Appellants Versus Himachal Pradesh State Electricity Board …Respondent published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40845
Electricity Act old and new sec.22,27, 86 and 111 of new Act JURISDICTION OF HIGH COURT TO HEAR APPEAL FILED PRIOR TO ARRIVAL OF NEW ACT 2003:- On the basis of the aforesaid analysis it can safely be concluded that the conclusion of the High Court that it had jurisdiction to hear the appeal is … Continue reading
Damage to the crop due pesticides – not proved; Claim by other persons whoes names not mentioned in the purchased Bill = (2012) 2 SCC 506 – National Seeds Corporation Ltd. Vs. M. Madhusudhan Reddy & Anr. in which it was held that not only the purchaser of goods, but also beneficiaries who use the goods with approval of the person who purchased goods fall within purview of consumer. We agree with the proposition of law laid down by Hon’ble Apex Court, but in the case in hand, complainants have submitted in paragraph 1 of the complaint that they have purchased pesticides for a sum of Rs.9,000/- whereas bill dated 12.12.2006 is in the name of only Complainant no. 2. Further, perusal of complaint reveals that nowhere complainants have alleged that Complainant No. 1 and Complainant nos. 3 to 9 used aforesaid pesticides with approval of complainant no.2. In such circumstances, it cannot be inferred that Complainant No. 1 and Complainant Nos. 3 to 9 sprayed purchased pesticides on their crop with the approval of Complainant No. 2 who purchased pesticides from OP No. 2 and 3, and in such circumstances, Complainant No. 1 and Complainant 3 to 9 do not fall within purview of consumer and learned State Commission has not committed any error in holding that except Complainant No. 2, rest of the complainants do not fall within purview of consumer.- Complainants have not placed on record any laboratory report to substantiate that crops were damaged 100% due to application of pesticide. Report of Agriculture Development Officer only reveals that there was 100% damage to the wheat crop. These officers have not carried out any test to ascertain whether 100% damage to the wheat crop was due to application of purchased pesticides or not. They have mentioned damage as told by the complainants meaning thereby without carrying out any test regarding application of pesticides on the wheat crop. They have given report regarding damage to the crop due to application of purchased pesticides. 8. In the light of above discussion, we do not find any illegality, irregularity or jurisdictional error in the impugned order and revision petition is liable to be dismissed.
published in http://164.100.72.12/ncdrcrep/judgement/0013092511533404RP444612.htm NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 4446 OF 2012 (From the order dated 13.07.2012 in Appeal No. 859/2011 of the Haryana State Consumer Disputes Redressal Commission, Panchkula) 1. Devender Kumar S/o Sh. Khicchu 2. Radha Charan S/o Sh. Puran Lal 3. Mahendar S/o Sh. Heti 4. Devraj S/o Sh. Puran Lal 5. Parkash S/o Sh. Khema 6. Chander S/o Sh. Khajan Singh 7. Nand Kishore S/o Sh. Shiv Charan 8. Shyam S/o Sh. Uttam Singh 9. Rajender S/o Sh. Bhagmal All R/o of Village Mohna, … Continue reading
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