advocatemmmohan
unfair trade practice
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
Electricity connections of agriculturist = The respondent/complainant contended that though he had deposited the requisite sum of Rs.3,360/-on 07.12.1998, he had not been given the electricity connection for his tube well and yet persons who had applied under the same scheme after him had been given such connections. The petitioners opposed the complaint mainly on the ground that the scheme, not being viable, had been discontinued with effect from 17.03.1999. (iii) On consideration of the pleadings and evidence, the District Forum allowed the complaint partly and directed the opposite party (OP)/ petitioner: “……………………………… to issue to the complainant a demand notice specifying the requirements if any to be made by him and on his compliance of the demand notice, release the tube well electric connection in his favour. They shall also pay to the complainant a composite sum of Rs.5000/- as compensation and litigation expenses. The order be complied with within one month of the communication excluding then time taken by the complainant to complete the requirement of the demand notice”.
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION No. 1003 OF 2011 (From the order dated 30.11.2010 in First Appeal No.888 of 2005 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh) 1. Punjab State Power Corporation Limited (PSPCL) The Mall, Patiala Punjab 2. Assistant Executive Engineer Suburban Dirba Sub Division Petitioners PSPCL District Sangrur, Punjab versus … Continue reading
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