Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... forum went wrong in disposing of the complaint vide the impugned order without even entertaining the same and adjudicating it in accordance with the procedure settled under section 13 of the c.p. act. resultantly, the appeal has been considered on merit and is allowed. the impugned order is set aside. the complaint case is remanded to the district ..... could not be dismissed or disposed of in limine in the manner in which the district forum has done so vide impugned order. a perusal of section 13 of the c.p. act clearly provides that a copy of the complaint is to be sent to the o.p. for his written statement/reply denying or disputing the averments ..... done when the notice had been issued enclosing therewith copy of the complaint to the respondents. 5. the definition of consumer dispute as contained in section 2(1)(e) of the c.p. act clearly shows that consumer dispute means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... for scooter/motorcycle/car and jeep shall be considered to be driving licence for light motor vehicles as per definition of light motor vehicle as contained in section 2(21) of the motor vehicles act, 1988. 5. the district forum, in our considered view, has rightly held that the appellant was liable to pay the assessed amount of rs. 11,796/- with ..... a valid licence to drive car/jeep/scooter/motorcycle is competent to drive any light motor vehicle and as a matter of fact, the competent authorities under the motor vehicles act are issuing licence for driving light motor vehicles only and are now not specifying the type of the light motor vehicle. 4. the district forum relied on the judgment of .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... chandigarh. dr. datta after seeing the histopathology report given by lt. col. n.s. mani of command hospital gave his opinion as under : histopathology report of sections of amniotic membranes showing haemorrhage and intense infilteration by acute inflammatory cells and edema and placental bits showing large areas of haemorrhage and degenerating chrionic villi and deciduas, which ..... child. according to the o.ps. there was no deficiency in service on their part and no physical and financial loss was caused to the complainant by any act to the o.ps. 7. the parties led evidence in the shape of affidavits and documents. the complainant filed her own affidavit and affidavit of lt. col. ..... and was eventually discharged from the military hospital, chandimandir on 8.8.2001 but she underwent severe pain, uneasiness and trouble, which were all attributable due to the negligent act on the part of o.p. no. 1. she paid a sum of rs. 12,000/- towards expenses for the treatment. she has alleged that the o .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... was not required to render service as defined under section 2(1)(o) of the consumer protection act, 1986 (for short hereinafter referred to as the c.p. act) and the complainant is also not a consumer as defined under section 2(1)(d) of the c.p. act. initially the reply contained point of non-maintainability of ..... is to accept applications for issuing migration certificate by charging fees from the candidates and thus it is covered under the provisions of the c.p. act. the complainant also cited four authorities of different state consumer disputes redressal commissions in support of his contention besides the judgment of honble national consumer disputes ..... 1996 decided on 20.12.2002, wherein the honble national commission held that the institutions holding examination are not rendering any service within the meaning of c.p. act, hence, any concomitant - omission, cannot be termed as deficiency. 11. the learned counsel for the complainant, on the other hand, relied on another judgment of .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... university and the university had reported to the aicte on the basis of which and also on the basis of the inspection, as defined under section 11 of all india council for technical education act, the aicte according approval. therefore, so far as the running of the course in the college for the academic session 2000-01 is concerned, ..... the case of jaya gokul educational trust (supra) and section 11 of all india council for technical education act, 1987, as extracted in the grounds of appeal, it goes to show that once the approval is granted by the aicte after duly carrying ..... learned counsel for the appellants/o.ps. further states that the above view of the honble supreme court was based on the provisions contained in section 11 of all india council for technical education act, 1987, which were extracted in the grounds of appeal by the appellants. on perusal of the law settled by the honble supreme court in .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... two companies. the state commission considered the provisions of 446 of the companies and held, in our view rightly that from the reading of sub-section (1) of section 446 of the companies act, it is evident that no proceedings against a company after the appointment of a provisional liquidator can be commenced except by the leave of the ..... after the appointment of a provisional liquidator can be commenced except with the leave of the court as is clear from the reading of sub-section (1) of section 446 of the companies act. the honble national commission further held that if any proceedings are pending on such date these can continue till the date when winding up ..... 1998 is dismissed. all the connected petitions and applications are disposed of in view of the above... 6. it is specifically laid down in sub-section (1) of section 446 of the companies act, 1956 that if any proceedings are pending on such date these can continue till the date when winding up orders are passed by the court. .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... district forum is contrary to the evidence on record as well as to the settled law on the grounds inter alia that the district forum has misinterpreted the provisions of section 2(d) and wrongly held that the gen set was purchased for commercial purpose. the appellant has alleged that the district forum has not appreciated the law as settled ..... by the district forum. applying the ratio of laxmi engineering works (supra) wherein honble supreme court at para 15 elaborating the scope of word consumer as given under the act and exclusions, if any, observed inter alia as under: if such buyer takes the assistance of one or two persons to assist/help him in operating the vehicle or ..... was in error in holding him not to be a consumer. consequently, the case is remanded back to the district forum for decision on merit within timeframe given in the act. the parties are directed to appear before the district forum-ii, u.t., chandigarh on 4.12.2003. copies of this order be sent to the parties free of .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... . in the instant case, the complaint was dismissed in limine on the ground that the complainant/appellant was not a consumer as defined under section 2(1)(d) of the consumer protection act and that the appellant may approach a civil court of competent jurisdiction for redressal of his grievances. 5. the impugned order shows that the district ..... 2003, dismissed the same in limine on the ground that the complainant was not a consumer within the meaning of the term as defined under section 2(1)(d) of the c.p. act and directed the appellant for approaching a civil court of competent jurisdiction. the impugned order is, therefore, contrary to law as laid down ..... that the dispute arising for adjudication was such as would require recording of lengthy evidence not permissible within the scope of a summary inquiry under the consumer protection act. 7. the learned counsel for the respondent submitted that he has no instructions to accept notice of the complaint case and as such the district forum may .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... /car/jeep shall be considered to be a driving licence for a light motor vehicle as per the definition of a light motor vehicle as contained in section 2(21) of the motor vehicles act, 1988. this commission also expressed the same view in complaint case no. 18 of 1998, inderjit gulati v. united india insurance company, decided on 8.10.1999 .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... p.s.i.e.c. rendered service to the complainant, which is duly covered under the definition provided under the c.p. act both in section 2(1)(d) as well section 2(1)(o) of the c.p. act. 15. the other preliminary objection raised is about the complainant not being a person who had any direct interest in the plot ..... of immovable property as argued but deficiency in rendering service of particular standard, quality or grade. such deficiencies or omissions are defined in sub-clause (ii) of clause (r), section 2 as unfair trade practice. 13. in the case in hand, the letter of allotment of plot in response to the participation of the complainant at the auction sale, ..... the plot was auctioned at the auction sale, the purchaser could not be said to be a consumer as defined by section 2(1)(d) of the consumer protection act, 1986 [for short hereinafter referred to as the c.p. act]. the other preliminary objection raised is that the o.p. has not been properly described because it is a corporation and .....
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