Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... (1)(h) of the said policy, which states as under : section - vi television set the company will indemnify the insured in respect to 1. loss of or damage to television apparatus described in the schedule whilst contained or fixed in the insured premises by, (a) fire lightening, explosion of gas in domestic appliances; (b) bursting and overflowing of water tanks, apparatus or ..... dr. p.k. vasudeva, member: 1. this appeal has been filed under section 15 of the consumer protection act, 1986 (for short hereinafter referred to as the act) against the order dated 11.5.2000 passed in complaint case no. 637 of 1995 by district consumer disputes redressal forum-i, u.t., chandigarh. shri satish sharma appellant/complainant .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... and female which are conducted free of cost. it is reiterated that sterilization facilities under family planning programme do not fall under the provision of section 3 of the said act. 13. this stand taken by the respondent was not controverted. we have already held above that the complainants have failed to establish that they ..... , as under : that the claimant no. 1 being wife of the deponent claimant no. 2 and beneficiary, with a view to promote the national cause against explosion of population, decided to undergo sterilization procedure at the e.s.i. medical dispensary, sector 29, chandigarh who took the deponents wife to primary health centre and ..... are provided free of cost to the population. they have not to pay for that. therefore, they do not fall within the ambit of section 2(1)(o) of the consumer protection act, 1986. 2. health department, chandigarh admn. has always provided quality services to esic beneficiaries, these include services under family planning sterilization of .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... or damage to the case property by fire or accident and further the accident had taken place due to negligence of insured or criminal act of servant and further the vehicle is damaged due to fire or explosion or accident. since, the accident had taken place due to negligence of crane driver and not the truck tanker driver, so, ..... against the back side of the tanker and, thus, caused the accident and petrol started leaking from the tanker and spread over the road. upon his statement case under section 279, 337, ipc bearing no. 18/97 was registered by the police. thus, according to the version contained in ex. c-2, accident had been caused by the ..... the said vehicle provided that fire or accident has arisen on account of negligence of the insured or negligence or criminal act of his servants and further provided that the vehicle is damaged by such fire or explosion or accident, and a claim in respect thereof is admitted under the motor comprehensive insurance policy covering the vehicle. the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... found that goods worth rs. 32,000/-, which were covered by the insurance policy, had been stolen. an f.i.r. was lodged with the police under section 380 ipc. thereafter a claim was also made to the two insurance companies with which there was lengthy correspondence but nothing tangible came out. the complainant claimed compensation being ..... complaint was made on the 21st of july, 1989. 4. these facts weigh very heavily against the complainant. his bonafides in invoking the protection of the consumer protection act, 1986 in july, 1989 for a loss be sustained in 1984 are questionable. and i am, therefore, inclined to dismiss this complaint without even going into the ..... because of scarce finance. the only reason cited for this inaction is "lengthy correspondence" between the parties surely not a good enough justification. 3. the consumer protection act was placed on the statute book in 1986. it came into force w.e.f. the 15th of april, 1987. the chandigarh state commission was established on the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... complainant 6. we, therefore, accept this complaint and direct the respondent board to allot a category-ii of revised design (1228 sq.ft.) constructed by it in section 45-a, chandigarh or in a contiguous sector, which is available or will become available. the allotment shall be made within a period of three monism from this ..... amongst the applicants was held on 20.02.1988 and the complainant was declared successful. he was accordingly allotted the first floor in a category-ii flat in section 47, chandigarh vide allotment letter dated 21.04.88 (copy annexure-c/1). the complainant started paying installments and claimed to have paid all the installments due ..... ' and hence a person affected by the same can claim relief under the consumer protection act. the objection is, therefore, overruled. 4. on merits, the respondent cannot get out of its own act of having called upon the allottees of flats in section 38 and 47, chandigarh to exercise their option for allotment of a flat of category-ii .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the service rendered by the office of accountant general punjab, comes within the meaning of the word as defined in clause (o) of sub-section (1) of section 2 of the consumer protection act. this forum has held that the work carried on in the office of revision petitioner is covered by the definition of service. 2. ..... in the present revision petition, the learned govt. pleader has strenuously urged that in passing the impugned order the learned forum has sought to exercise jurisdiction not vested in it under the act ..... of service. it has, however, not considered the other objection, which was an important one, that the complainant is not a consumer as defined under the act nor had she hired any service for consideration. in this revision petition, we would not like to express any opinion on this legal point, which should be .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... 16 may be noticed. the allegations contained in the complaint briefly stated are these. these complainant is a voluntary welfare organisation registered under the registration of societies act. it has a large number of retired defence personnel as its members and has been championing the cause of ex-servicemen. several ex-servicemen listed in each ..... now it is well settled law that housing and construction activity particularly by the government or even statutory bodies like housing boards fall within the purview of the act and any deficiency in their service can be complained against by the consumer i.e. allottees in the present case. another facet of the same objection ..... service which has been paid or promised or partly paid or partly promised or under any system of deferred payment are also consumers as defined under the act 7. the allottees who had applied for allotment of plots had deposited a substantial amount on account of advance payment and after the allotment of these plots .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... dwelling unit as far as back in the year 1976. this fact has not been denied by the appellant. housing is within the purview of the consumer protection act and has been settled once for all by the supreme court in lucknow development authority v.m.k. gupta, 1986-95 consumer 278. the complainant did approach the ..... against this order, the present appeal has been attempted on the ground that this complainant does not fall within the-definition of the consumer under the consumer protection act qua the appellant chandigarh housing board and that the order of the district forum is liable to be quashed on this ground alone. it has been submitted that ..... 500/- since then and without any interest thereon. 2. the respondent-board in their reply, had stated that the applicant was not a consumer under the consumer protection act and had got no locus standito approach the district forum. on merits, they mainly admitted the facts narrated in the complaint. it had been submitted that the complainant .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the said complaint, the respondent has asserted that the complaint is not maintainable and the complainant does not fall within the definition of 'consumer' as defined under the consumer protection act, 1986. on merits it has been asserted that no assurance was given to the complainant individually and the complainant has raised the construction as per the terms and conditions of .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the complainants wasted 31/2 years besides an investment of rs. 1.74 lacs and also alleged that the conduct of the respondents had been deficient and unfair and had acted as bomb shell to the complainants who were mainly educated unemployed. 3. in a reply filed by mr. r.k. jain, manager legal of the respondents, it has been averred .....
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