Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... was admitted in the hospital for delivery. as per advice of doctors of the triveni hospital on 1.11.2011 the complainant agreed to undergo cesarean section. after conducting several tests the doctors advised her to make arrangement for two units of b positive blood for cesarean operation as the complainant was ..... governments/ union territory administration shall establish a state council in each state/ union territory which shall be registered as a society under the societies registration act. the state council should be a representative body having in it representation from directorate of health services in the state, state drug controller, department of ..... guidelines: 1. the union government shall take steps to establish forthwith a national council of blood transfusion as a society registered under the societies registration act. it would be a representative body having in it representation from the directorate general of health services of the government of india, the drug controller .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... ended in 2007 and therefore the complaint is barred by limitation. the appellant submitted that the complainant is not a consumer within the meaning of section 2(d)(i)(ii) of c.p.act, 1986 since the transaction is contractual in nature. the appellant submitted that the respondent along with other complainant in cc 102/2011 made application ..... forum. lucknow development authority is a decision which stood the test of time and the term service has been considered on the broad horizon of section 2(1)(o) of the consumer protection act as under: 4. what is the meaning of the word 'service'? does it extend to deficiency in the building of a house or flat ..... very wide. how it should be understood and what it means depends on the context in which it has been used in an enactment. clause (o) of the definition section defines it as under: " service' means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... carpet. the opposite party no.3 further submitted that the complainant be directed to get his vehicle tested by any appropriate laboratory under the provisions of section 13 of consumer protection act and prayed for dismissal of the complaint with costs. opposite parties 1 and 2 filed memo adopting the written version of opposite party no.3. the ..... in another case, the honble national commission held in m/s telco ltd., another vs. m.moosa , 1986-94 page 1367 (ns) that the section 14(1) of the consumer protection act authorizes the forum to have the defects removed even if there are numerous defects which can be rectified and that it will be very hard on the ..... .2011 which is not made within the warrant period. he has stated: i deny the contention of complainant that opposite parties did not address his problem effectively or acted negligently is vehemently denied. i submit that, it is not correct to say that complainant he experienced foul smell 7-8 months after purchase of vehicle. there is .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... to the relationship between the consumer protection cell and bhel mig residents welfare society. 13. the district forum held that in view of section 12((1)(b) of the consumer protection act which provides for filing of complaint through any recognized consumer association though the consumer is not its member. the consumer protection cell or bhel ..... cause of action before the d.f. if they do so they would be entitled to benefit of section 14 of the limited act in regard to the limitation for filing the complaint. 24. section 12of the consumer protection act provides for the manner in which complaint can be filed before the district forum. it reads as under: ..... set up by or under any other law for the time being in force. explanation. - for the purpose of this section recognised consumer association? means any voluntary consumer association registered under the companies act, 1956 or any other law for the time being in force?. 25. the consumer protection cell is not a voluntary consumer .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... the event complainant approaches the court the period spent between the filing of the complaint 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 ( ..... honble supreme court held that goods purchased and service utilized for commercial purpose does not come under the purview of the provisions of c.p. act. section 2(1)(d) of the consumer protection act excludes the person invoking its jurisdiction on account of the purchase of goods or utilization of service by him for any commercial purpose. 19. the ..... schedule. 5. the appellant-bank furnished copy of loan agreement to the respondent. at the time of filing application, i.a.no. 187 of 2010 under section 8 of arbitration and conciliation act,1996, on the file of junior civil judge, city civil court, secunderabad and i.a.no. 44 of 2011 in o.a.no. 35 of 2011 .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... 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 .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... none of the parties opted for remedy of arbitration so as to say that subsequently this complaint under c. p. act cannot be filed and thus by virtue of section 3 of c p act being additional remedy provided to the complainant she can file the consumer complaint before this commission and thus the said objection ..... available in that act is in addition to and not in derogation of the provisions of any other ..... subsequently, file complaint under the consumer act. however, if he chooses to file a complaint in th first instance before he competent consumer forum, then he cannot be denied relief by invoking section 8 of the arbitration and conciliation act, 1996 act. moreover, the plain language of section 3 of the consumer act makes it clear that the remedy .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... of the car. in another case, the honble national commission held in m/s telco ltd., another vs. m.moosa, 1986-94 page 1367 (ns) that the section 14(1) of the consumer protection act authorizes the forum to have the defects removed even if there are numerous defects which can be rectified and that it will be very hard on the ..... a small vehicle to run it for his livelihood. therefore, the complainant is not a commercial consumer, but he is a consumer within the meaning of section 2(1)(d) of the consumer protection act? . the complainant has impleaded the opposite parties no.3 and 4 which are financiers of the vehicle and his statement that his source of income on ..... mere fact that the registration of the vehicle as contract carriage does not throw out the complainant from the ambit of consumer within the meaning of section 2(1)(d) of the consumer protection act and it held that had the opposite party no.2 repaired the vehicle on 29.02.2012 it would have issued notice to the complainant seeking .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... but the facts of the aforesaid case are different from the facts of the present case. the cases of negligent medical service are not covered under section 75 of esi act. section 75 of esi act deals with only certain types of cases and disputes which can be decided by esi court. the cases of medical negligence are outside the purview of the ..... been originally instituted in it. ix). in order to attract any dispute under the category of any other matter within the meaning of clause (g) sub-section (1) section 75 of esi act, such dispute or matter has to qualify in all the following requirements: a) that the matter or dispute is such that it is required to be or ..... high court in m/s popular process stuid and another v. esi corporation? air 1970 bombay, 413. the district forum considered the decisions and the rigour of section 75 of esi act as under : iv). the supreme court dealt with various aspects of this matter in indian medical assocation vs. v.p. shantha and others. (air 1996 supreme court .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... , the claim of the respondent on the basis of the allegations contained in the complaint was clearly barred by limitation as the two year period prescribed by section 24a of the act had expired much before the complaint was admitted by the state commission. this finding is sufficient for allowing the appeal.? 8. in the instant case, the ..... sufficient cause for not filing the complaint within the period of two years from the date on which the cause of action had arisen. the section debars any fora set up under act, admitting a complaint unless the complaint is filed within two years from the date of which the cause of action has arisen. neither the national ..... premise of period between date of sale deed and date of filing the complaint exceeding 6 years against the limitation period of 2 years prescribed by section 24-a of the consumer protection act. he has placed reliance on the decision of the honble supreme court in haryana urban development authority vs b.k.sood? reported in (2006 .....
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