Array
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    [0] =>  ..... , of the view that the complaint for replacement cannot be rejected on this ground. 22. hence the main question for consideration is whether the fire followed by explosion or explosion preceding the fire is a result of any manufacturing defect or due to any fault, imperfection or shortcoming in the quality or standard to be maintained. 23. the .....  was tampered with and as the opposite parties 1 and 4 stripped open the vehicle and tampered with the evidence, it can be inferred on account of the act of the opposite parties 1 and 4, it cannot be conslusively attributed to defective material or manufacturing defect. 32. as the car sold to the complainant was  ..... the goods supplied or any deficiency in the service for which the complainant paid the consideration, a complaint can be filed under the provisions of the consumer protection act seeking redressal for such defect or deficiency. it is not shown who is the necessary party that is not made a party to the complaint. the complainant made ..... 
    [1] => k. ranga rao, member: 1. this complaint was presented before this commission on 28.1.1993 under section 17(a)(1) of the consumer protection act, 1986 with the following averments. 2. the complainant is a firm dealing in the business of digging borewells, tubewells with compressor and rigs, etc., in addition to doing  .....  damage caused to the compressor and rig were due to mechanical breakdown, that the complainant has not produced any material to show that the alleged damage was due to explosion and that, therefore, the claim of the complainant for payment of damages is not sustainable. it is also stated in the counter affidavit that the complainant has no  ..... three surveyors appointed by it enquired into the matter and submitted exs. b2 to b4 reports stating that the damage was on account of mechanical breakdown and not due to explosion. the documents relied upon by the complainant are ex. a1 xerox copy of the insurance policy, exs. a2 to a4 letters written by the complainant to the opposite ..... 
    [2] =>  ..... .d. no. 81/1993 is the neighbour of mr. m. ramakrishnaiah (complainant in c.d. no. 82/1993). according to him his house was also damaged because of the explosion of gas cylinder in the house of ramakrishnaiah. 18. mr. koka raghava rao, the learned counsel for the opposite parties contended before us that m. ramakrishnaiah is not a consumer ..... existing law but cannot by-pass the same. 23. viewed in this manner the conclusion is inescapable that m. ramakrishnaiah is not a consumer within the meaning of section 2(d)(i) of the act. as a corollary of this the complainant in c.d. no. 81/1993 m. natarajan setty also is not a consumer. therefore, both the complainants cannot  .....  are not of much relevance to decide the issues in these complaints. 15. now the question is whether the complainants are consumers within the meaning of section 2(d)(i) of the consumer protection act, 1986 ( the act for short) ? 16. it is the case of the complainant in c.d. no. 82/1993 that he took the ill-fated cylinder from ..... 
    [3] =>  .....  30 minutes for the glass to stop bursting. there was expensive glassware and crockery on the dining table worth more than rs. 3000 and all of them broke due to explosion. when the complainant informed the same to modern life style i.e. opposite party herein they said that they would send someone at the earliest but nobody had bothered to .....  visit her home and she submits that it is only because of inferior material that they had used, that this explosion had happened and if the opposite party warned her about the product she would have purchased the wooden dining table and not spent an amount of rs. 17,000. hence .....  record we are of the considered opinion that there is deficiency in service on behalf of the opposite party in not attending to the problem of the complainant for which act they are liable to refund an amount of rs. 15,000 since the complainant had used the dining table for a period of 9 months. we also award compensation of ..... 
    [4] =>  .....  as per the agreement and that the opposite party had not returned the said deposit, as such, the act or omission amounts to deficiency in service. the respondent/opposite party filed its version stating that the complainant as its agent had allowed to book explosive goods for transportation and during the transit, kasibugga police, srikakulam district came to know of illegal activity .....  aside. point for consideration is, whether the impugned order of dismissal of the complaint for default is sustainable ? ex facie no orders were passed on merits. no doubt, sub-section (c0 of sec. 13 lays down that where the complainant fails to appear on the date of hearing before the district forum, it may either dismiss the complaint for default or decide ..... 
    [5] =>  ..... . 47 (imt-47) a categorical condition was that loss or damage resulting from overturning arising out of the operation was excluded. only damage arising directly from fire, explosion, self-ignition or lightning or burglary, house breaking or theft are included. therefore it had repudiated the claim by its letter dated 9.4.2007. there was no ..... hereby declared and agreed that notwithstanding anything to the contrary contained in this policy that in respect of vehicles insured the insurer shall be under no liability under section i of the policy in respect of loss or damage resulting from overturning arising out of the operation as a tool of such vehicle or of plant forming .....  in new india assurance company ltd. v. sadand mukh, reported in iii (2009) slt 300=ii (2009) acc 432 (sc)=observed that the provisions of the act, therefore, provide for two types of insurance one statutory in nature and the other contractual in nature. whereas the insurance company is bound to compensate the owner or the ..... 
    [6] =>  ..... to the patient. where an infection following surgery in a "well-staffed and modern hospital remained undiagnosed until the patient sustained crippling injury and where an explosion occurred during the course of administering anaesthetic to the patient when the technique had frequently been used without any mishap 84. further the supreme court has  ..... to the complainant? 21. the complainant was admitted in the hospital of the opposite party no.3 on 7.08.2008 for elective lower segment cesarean section. the discharge summary evidences the admission of the complainant in the hospital on 7.8.2008 and her discharge on 10.08.2008; the treatment administered ..... charge of rashness or negligence on the part of the accused doctor. the investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service qualified in that branch of medical practice who can normally ..... 
    [7] =>  .....  the order of the jmfc, chittapur which held that no case was made out against the accused no.2 and 3 for the offence under the provisions of the indian explosives act. 6. it is contended that the statement of the appellant made in her affidavit cannot be held to be denied without cross examining her and that the district forum considered .....  p.s. submitted htat there is no evidence against the accused pawan s/o venkatesh joshi and raghavendra s/o mukund rao and prays for reasing the accused as per sec.169 of cr.p.c. perused the records and found that there is no case against the accused pawan s/o venkatesh joshi and raghavendra s/o mukund rao as .....  court/forum, the period spent between the filing of the claim before the district forum and the disposal of the matter today by us will be excluded under section 14 of the limitation act, 1963 in the light of the decision of the honble supreme court in trai foods ltd vs national insurance company ltd and others reported in iii (2012) cpj ..... 
    [8] =>  .....  liable to indemnify the complainant since the policy coverage being wide and encompasses many aspects such as damage to the vehicle due to accident, fire, lightening self-ignition, explosion, theft, riot and strike, malicious act, terrorism, earthquake, flood, cyclone and inundation rejecting the estimate forwarded by the second opposite party is unjust and unfair. 4. the opposite parties no.1 and 2 ..... r. lakshminarsimha rao, incharge president 1. the complainant filed the complaint under section 17 of the consumer protection act, complaining deficiency in service against the opposite parties seeking direction to the opposite parties to carry out repairs to the damaged vehicle at the cost and consequences of the opposite  ..... 
    [9] =>  ..... are from hyderabad. 7. it has to be considered at the outset whether the provisions of the act are applicable to the telephone service provided by the telecommunication department. sub-section (4) of section 1 of the act provides that the act shall apply to all goods and services save as otherwise expressly provided by the central government by  .....  notice to show that the central government had issued any notification excluding the telephone service from the operation of the act. the word service has been defined in clause (o) of sub-section (1) of section 2. it means service of any description which is made available to potential users and includes the provision of facilities .....  in the case of banking, financing, insurance, transport etc. when a word has been defined in an act, by the use of the word means , then the word is restricted to the scope indicated in the definition section. however, when a word is defined by using the word include , then, the words or phrases following ..... 
    [10] =>  ..... in a matter of this nature, no direction can be given to the bank to advance loan to the respondents. such relief is not contemplated even under section 14 of the act. but, it cannot be gainsaid that due to the deficiency in the services, the respondents had suffered both monetarily as well as the mentally and that  ..... karimnagar district backward classes services cooperative society on the basis of the consent letter of the bank and deposited that amount on the bank. thus, the respondents had acted to their detriment on the promise made by the bank. subsequently, it refused to perform the services which it had undertaken to perform, thereby resulting in fault  ..... contention advanced on behalf of the appellant is that the respondents herein who had applied for loan cannot be said to be consumers within the meaning of the act as the transaction relating to granting of loan cannot be characterized as the one relating to hiring of services and therefore, the complaints are not maintainable under  ..... 
    [11] =>  .....  which is made available to potential users and includes the provisions of facilities in connection with insurance as defined in clause (o) of sub-section (1) of section 2 of the act. having regard to the facts and circumstances of the case, there can be no dispute that the complainant hired the services of the insurance  .....  of performance of the service, which the insurance company has undertaken to render. therefore, it amounts to deficiency in service. 12. sub-section (2) of section 64 um of the insurance act, 1938 provides that no claim in respect of a toss exceeding twenty thousand rupees in value on any policy of insurance shall be settled unless ..... , advantages, terms and conditions that may be offered by insurers in respect of general insurance business. the tariff advisory committee is conferred power under section 64-uc of the insurance act, 1938 to control and regulate the rates, advantages, terms and conditions that may be offered by insurers in respect of any risk or any  ..... 
    [12] =>  ..... is a company incorporated under the companies act and it is an undertaking of the government of andhra pradesh. the aims and objects of the corporation are to acquire land, develop it, construct sheds and ..... , to the respondent herein. 6. it is submitted by the learned counsel for the appellants that the complaint filed by the respondent herein under the consumer protection act, 1986 before the district forum was not maintainable as the matter related to sale of immovable property. we are not inclined to accept this contention. the corporation  ..... who were alloted flats by the corporation and those who were placed in the waiting list for the allotment were consumers within the meaning of the consumer protection act, 1986. on the basis of the evidence, it was held that the corporation was liable to allot the available flat to the respondent herein and accordingly  ..... 
    [13] =>  .....  of buildings was engaged in rendering services for consideration and the allottees of houses by the board fell within the definition of consumer, under section 2(1)(d)(ii) of the consumer protection act. hence the objection of the opposite party that the complaint is not maintainable is rejected. 7. taking up the submissions of the complainant ..... the submissions made by the complainant the objection of the opposite party that the complainant is not a consumer and hence the complaint is not maintainable under the consumer protection act, 1986 can be disposed of. the national commission in u.p. avas evam vikas parishad v. garima shukla i (1991) cpj 1 (nc) held that  ..... of escalation of charges or compensation for the so-called delay. it is lastly submitted that the petition is not maintainable in commission constituted under the consumer protection act, 1986. 5. in the reply affidavit to the counter it was stated that on 27.5.1991 the opposite party housing board directed the petitioner to take ..... 
    [14] =>  .....  complainant in the present case, was enjoying the facility of electricity supply which was paid for. the tenant, therefore, is a consumer as defined in the consumer protection act, 1986. we agree with the view of the forum that there was considerable force in the contention of the complainant that some of the employees of the board coerced induced ..... complaint petition was maintainable. 10. the definition of the word consumer under section 2(d)(ii) covers the beneficiary of any services hired. the tenant of a house provided with electricity is undoubtedly a beneficiary of that service so long he ..... that having regard the nature of the definition of the word complaint given under section 2(i)(c), (iii) and the definition of the word consumer as defined under section 2(i), (d), (ii) and having regard to the definition of the word service defined under section 2(1)(o) which includes supply of electrical or other energy that the  ..... 
    [15] =>  .....  the opposite party that the transactions in question are of commercial nature and that therefore the complainant is not a consumer is not tenable. it is only under section 2(d)(1) the definition of consumer is that a person who buys any goods for consideration and does not include a person who obtains such goods for ..... not found to be genuine and charging brokerage from gullible customers through advertisements indulging in unfair trade practice is liable to be held for damages under the consumer protection act. in this case as we have already held that the complainant is a consumer. but has accruing at a settlement she would have been entitled to compensation or .....  a total black out. the complainant persuaded the opposite party to accept the cheque and for which a receipt was issued by the complainant. claiming that the act of the opposite party amounts to deficiency of service while hiring out the hall and also amounts to extracting of money from the consumers taking undue advantage of  ..... 
    [16] =>  .....  the superintendent on 18.8.1993 and the same was approved by the deputy secretary on 21.8.1993 and the deputy secretary returned the file to the l.c., section on the same day evening. on the next day, the copies of letters were prepared and despatched to the district forum on 24.8.1993 with a request to review .....  number of copies and got the copies typed on the next day i.e., on 23.8.1993. the letter was despatched to the district forum by the l.c., section on 24.8.93 with a request to review the order dated 22.5.1993. while the petitioners were awaiting the action of the district forum on the review petition .....  addressed to the president of the district forum, cuddapah for getting the order dated 22.5.1993 reviewed. the note for sending such letter for review was submitted by the section to the superintendent concerned on 18.8.1993. the note was forwarded by the superintendent to the deputy secretary for approval on 20.8.1993. the letter was approved by ..... 
    [17] =>  ..... it had been granted a special power of attorney would not in any way improve the position of the insurance company so far as proceedings under the consumer protection act are concerned. the national commission therefore set aside the order of the district forum and dismissed the complaint. 7. but in the instant case, at the  ..... seth brothers in respect of their rights and claim against the defendant. it cannot be disputed that m/s. seth brothers was a consumer as defined in the act. consequently in our view the complainant also becomes a consumer. we hold accordingly. this view of the state commission was reversed by the national commission on the ground .....  the appellant raised three contentions. firstly that the 1st complainant i.e., oriental insurance co. ltd. is not a consumer within the meaning of the consumer protection act, secondly that as the second complainant was added beyond the period of limitation, the complaint is barred so far as the second complainant is concerned and as the  ..... 
    [18] =>  .....  sluggish or stopping intermittently is a defect in the meter and in which event the dispute has to be referred to the electrical inspector for determination under section 26(6) of the indian electricity supply act, 1910 and the opposite parties cannot issue demand notices. it was also stated that the wrong multiplying factor also is due to non-provision of a .....  or it is faulty not recording the actual electrical energy consumed in running the oil mill of the consumer. so this dispute squarely falls within the provisions of the said act and as such it is the electrical inspector who alone is empowered to decide the dispute. if the electrical inspector comes to the finding that the meter is faulty and ..... 
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