Read, Subscribe & Cite CONSUMER PROTECTION JUDGMENTS (CPJ) III (2014) CPJ 410 (NC) AIRLINES — Missing of bag — Hand bag was not missing but bag was missing and as per damaged/missing slip it was hand bag make but not hand baggage — Compensation rightly awarded. III (2014) CPJ 401 (NC) BANKING AND FINANCIAL INSTITUTIONS SERVICES — Deceitful advertisement — No element of mens rea — Pamphlet was just “offer” — Delay in disbursement of loan — Deficiency not proved. III (2014) CPJ 418 (NC) — Fixed Deposit Receipts — Non-refund of maturity amount — Privity of contract — Not established — Complaint dismissed. III (2014) CPJ 290 (NC) COMPENSATION — Medical Negligence — Amputation of leg — Total compensation @ Rs. 70,00,000 awarded. III (2014) CPJ 338 (NC) CONSUMER — Defective ‘shampoo’ — Mere non-issue of bill is not sufficient to deny liability of OPs — Sachet has already been produced by complainant as evidence — Complainant is consumer. III (2014) CPJ 169 — Villagers as tax payer to local bodies including local Panchayats are consumer. III (2014) CPJ 427 (NC) CONSUMER SERVICES — Booking of ‘Barat Ghar’ — Unilateral cancellation — Grave humiliation — Mental, social and financial loss — Compensation awarded. III (2014) CPJ 338 (NC) — Defective ‘Shampoo’ — Extensive damage to hair — Expiry of sachet of Shampoo has already lapsed, 5 years ago — Removal of those hair caused cosmetic embarrassment to complainant who is girl — Unjust and unfair to drag consumer up to National Commission for more than 5 years, for meagre amount of compensation of Rs. 25,000. III (2014) CPJ 219 (NC) EDUCATION — Withdrawal of admission — Service tax and education cess cannot be refunded. III (2014) CPJ 191 ELECTRICITY — Defective meter — Illegal Bill — Quashing — Compensation awarded for mental agony and other expenses. III (2014) CPJ 169 ELECTROCUTION — Death claim — Electricity authority had responsibility to maintain electric line which they failed to dispense with — Deficiency proved. III (2014) CPJ 387 (NC) HIRE PURCHASE AGREEMENT — Repossession of vehicle — Default in payment of instalment — Vehicle was eventually sold by financier and amount was adjusted to his loan account — Deficiency not proved. III (2014) CPJ 333 (NC) HOUSING — Non-execution of sale deed — An inter se dispute between owners and builders, if any, cannot be permitted to be used as ploy to wriggle out of obligations under agreements and leave the buyer in lurch. III (2014) CPJ 248 (NC) INSURANCE — Provisional Premium — Receiving premium from insured and keeping it with company for inordinate period giving impression that issuance of policy is under active consideration and subsequently when it comes to claim, rejecting the claim by posing the reason that there is no insurance, is unfair trade practice and equally constitutes deficiency on part of insurer. III (2014) CPJ 213 (NC) — Vicarious liability — Agent not authorized to collect premium — Misappropriation of fund — LIC not liable for refund of amount. III (2014) CPJ 161 INSURANCE (LIFE) — Four Policies — Death claim — Concealment of previous policies either accidentally or inadvertently or even deliberately is not a fact to be held a material fact for repudiation of claim unless it is proved that disclosure of such facts had an adverse impact on rights of insurer. III (2014) CPJ 340 (NC) INSURANCE (MEDICLAIM) — Suppression of pre-existing disease — Not established — People can live for months, even years, without knowing they have the disease and it’s often discovered accidentally after routine medical check-ups — Repudiation not justified. III (2014) CPJ 373 (NC) INSURANCE (MARINE) — Transportation of consignment — Trailor met with accident — Material damaged — Packing instructions are clear and unambiguous — Repudiation justified. III (2014) CPJ 215 (NC) JURISDICTION — Complainant is dominus litis — Jurisdiction of Consumer Fora is primarily and mainly to decide disputes between ‘consumer’ and ‘seller’ or ‘service provider’ and that too on complaint which can be filed only by consumer , Impleadment request rejected. III (2014) CPJ 261 (NC) Construction agreement ,Not for sale of flat — Fora lacks jurisdiction. III (2014) CPJ 398 (NC) — Illegal gratification — Commission under C.P. Act does not deal with the case of bribery and fraud. III (2014) CPJ 266 (NC) — Medical Negligence — Treatment was done in Govt. Hospital, at free of cost — Case not under purview of CP Act. III (2014) CPJ 390 (NC) — Multiplicity of proceedings — Prohibited under law — Allegedly vehicle sold on very low price — All issues involved were decided and discussed finally in judgment of Civil Court. III (2014) CPJ 241 (NC) — Open auction — Consumer Fora has no jurisdiction to try the cases of open auction. III (2014) CPJ 274 (NC) JURISDICTION (PECUNIARY) — Joint fixed deposit account — Matter pertains to more than 15 crores, therefore, it entails lot of evidence — Complaint not maintainable. III (2014) CPJ 230 (NC) MEDICAL NEGLIGENCE — Wrong diagnosis — Death of patient — Treatment not as per standard of practice — Vicarious liability — Compensation @ Rs. 10,00,000 awarded. III (2014) CPJ 282 (NC) POST OFFICE — ‘Kisan Vikas Patra’ — Transfer in name of son’s wife — Refusal by Post Office to recognize power of attorney executed by son of complainant — Once Post Master is satisfied that Power of Attorney is in order, authority of agent to act on behalf of executant cannot be questioned. III (2014) CPJ 412 (NC) PUBLIC PROVIDENT FUND ACCOUNT — Joint account — Interest not paid on maturity — It is the Post Master who has to ensure that at the time opening PPF account that it had been correctly opened as per Rule 3 of PPF scheme — Deficiency proved. LIKE US ON FACEBOOK// DLT PUBLICATIONS SHARE IT IF YOU LIKE IT https://facebook/pages/DLT-Publications-Pvt-Ltd/148985855256175?ref=bookmarks
Posted on: Fri, 29 Aug 2014 06:18:22 +0000
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