Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Feb-13-2006
..... be oral and in case of urgency may be through fax message other any kind of communication. thus, the act of delivering the consignment comes within the definition of deficiency in service as defined under section 2(1)(g) of the consumer protection act, 1986. 5. at the same time, we cannot be oblivious of the fact that in the past the amount .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Feb-15-2006
J.D. Kapoor, President: 1. The complaint of the appellant seeking compensation for having been sold defective Indica Diesel Car of DLX model was dismissed merely on the premise that there was no manufacturing defect in the car and if there was such defect the same could have been ordered to be removed. 2. Feeling aggrieved, the appellant has preferred this appeal. 3. We are sorry to point out that the appellant had visited the garage on more than 33 occasions for removing the defect and there are large number of job cards. Merely because there was no manufacturing defect does not mean that the vehicle sold was not defective. Manufacturing defect in a vehicle saddles the manufacturer with the liability of replacing the vehicle by new vehicle and if the vehicle has such defects that it is taken to the garage time and again such a vehicle comes within the definition of defective goods as defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or stand...
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Feb-20-2006
..... ,246 as the market value of the vehicle is concerned but set aside the interest as the district forum was not competent to award interest in terms of section 14 of the consumer protection act once it had awarded rs. 15,000 towards cost and damages. even otherwise interest is awardable only in those cases where there is a term of such .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Mar-03-2006
..... maximum retail price printed thereon is concerned it definitely falls within the arena of consumer protection law and has no relevance or relationship with the provisions of weights and measurement act and rules made thereunder. in latters case action taking authority is the government whereas in the formers case the customer or consumer dominates the litigation i.e., action against the ..... the core activity as the sale for such item is one of the services rendered by the cineplex, hotels and restaurants and also that the provisions of weights and measures act are not applicable. some of the observations made by us in this regard are as under: so far as the sale of any article for a price more than the .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Mar-07-2006
..... alternative route op no. 1 did not do the needful. 22. deficiency in service for the purpose of compensating the consumer under the provisions of section 2(1)(g) of consumer protection act, 1986 means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under ..... of complimentary ticket without being charged any consideration therefor, and therefore he does not fall within the definition of consumer as defined by section 2(1)(d)(ii) of consumer protection act 1986. relevant abstract of section 2(1)(d)(ii) reads as under : consumer means a person who hires or avails any services for a consideration which has ..... party no. 1 air mauritius has come up with the following pleas : (i) that the complainant is not a consumer within the meaning of section 2(1)(d) of the consumer protection act, as he did not pay any consideration for the ticket on which he travelled as it was a free ticket and this fact had been .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Jul-07-2006
..... card when admittedly the dollar card of the complainant was very much alive and was cancelled only subsequently tantamounts to deficiency in service in term of section 2(1)(g) of consumer protection act, 1986 which means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by ..... provider. the standard of service provided by service providers has to be adjudged on the anvil of the definition of deficiency in service provided by section 2(1)(g) of the consumer protection act which means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or ..... under written intimation to him. 6. thus according to the o.p. there was no deficiency in service in terms of the provisions of section 2(1)(d) of the consumer protection act as the action taken by the o.p. was as per terms of card member agreement between the parties. in this regard o.p. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Oct-03-2006
..... the complaints of the consumers strictly in terms of section 13(3a) of the act. 18. fdr, if any, deposited by the appellant be returned to the appellant forthwith under proper receipt. 19. a copy of this order, as per ..... of government of nct of delhi being guilty for deficiency in service in not ensuring the decision of the complaint preferably within the statutory period as prescribed under section 13(3a) of the act i.e. within three to five months for want of requisite infrastructure number of district fora, benches of state commission as may be necessary for deciding ..... is more than 500 to 1000 cases. it is in view such a large number of pendency of cases that the main object of the consumer protection act, 1986 as contemplated by section 13(3)(a) has been sacrificed. 3. we are pained to have come across this case which has taken more than 9 long years because of .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Oct-05-2006
..... section 2(1)(g) of the consumer protection act, 1986 in the following manner : deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is ..... received in thousands if there was a contract to compensate the consumer as to the cost or value of the consignment. 8. the object of the consumer protection act, 1986 is not to put the service provider in such a highly disadvantageous and unjustifiable position and the consumer as an exploiter. this is neither prudent nor reasonable ..... or rational understanding of the aim and object of the consumer protection act, 1986. it is in view of this concept of adjudicating the dispute between the service provider and the consumer that the word deficiency was defined by .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Oct-17-2006
J.D. Kapoor, President (Oral): 1. Vide impugned order dated 3.8.2001 the complaint of the appellant seeking quashing of electricity bill raised by the respondent including penalty amount was dismissed solely on the ground that the appellant has no locus standi to file complaint but at the same time gave direction to the respondent to look into the genuine grievance of the person in whose name the electric connection stands installed. 2. Feeling aggrieved the appellant has preferred this appeal. 3. Admittedly there is an electric connection No. 2223902 x 401 DL installed at the premises 7/32, Ansari Road, Daryaganj, New Delhi. The appellant has been occupying the premises for the last 50 years and has been paying electricity bills after the death of her brother-in-law in whose name the electricity connection stands. 4. It is not the person in whose name the electric connection stands who is a consumer .If the electricity supply is being used by a person as an actual beneficiary, which i...
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Nov-21-2006
..... consumer dispute or not and, therefore, what was relevant was definition of consumer dispute provided by sub-clause (e) of sub-section (1) of section 2 of the consumer protection act, 1986. obviously, question of issue relating to theft of electricity or dishonest abstraction of energy could not have formed part of definition ..... power of the district forum, state commission and national commission in exercise of pecuniary jurisdiction (excluding appellate jurisdiction) would be in respect of complaints. section 2(c) of the act defines the complaints as under (c) `complaint means any allegation in writing made by the complainant that (i) an unfair trade practice or ..... 2006 filed by bses challenging various orders passed by this commission involving theft of electricity or dishonest abstraction of energy (dae) as contemplated under section 135 of the electricity act, 2003, the delhi high court has passed the following order, which is dated 8.11.2006: these petitions have been entertained only on .....
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