Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... and the complainant made any payments to him. the learned district forum also held that photographs filed with the complaint were inadmissible as evidence under section 62 of the evidence act as the photographs are not primary evidence which are negatives and the negatives have not been produced nor the affidavit of the photographer has been ..... diary of the complainant of january, 1999 having notes about some payments made to the o.p. cannot be treated as books of account under section 34 of the evidence act and, therefore, this document is inadmissible as evidence. 8. the learned district forum has also observed that the complainant has failed to explain the ..... vague and thus the terms and conditions of the alleged oral contract are entirely vague and non-committal and it is, therefore, held as void under section 29 of contract act. in the words of learned district forum the complainant has failed to prove the precise terms, conditions, quantum and extent of the alleged services hired .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the face of record is not worthy credit and finding of the trial court ignoring the same was set aside. in the cited case under the indian succession act, while dealing with the section 276 while deciding application for letters of administration of a will the trial court ignored the pleadings, circumstantial evidence, documentary evidence, photographs and the conduct proving the will .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... vehicle as given in clause 28 of section 2 of the act. a light motor vehicle cannot always mean a light goods carriage. light motor vehicle can be non-transport vehicle as well. the learned district forum held the ..... maratha v. oriental insurance co. ltd., 1999 (2) con.lt 463, wherein the honble apex court held that definition of lmv has given in clause 2 of section 2 of the act can apply only to a light goods vehicle or a light motor vehicle. a light motor vehicle otherwise has to be covered by the definition of motor vehicle or ..... vehicle, the unlaiden weight of the vehicle is 1470 kgs. as such the vehicle in question falls under the class of light motor vehicle as per sub-section (21) of section 2 of the motor vehicles act, 1988. thus it held that the person authorised to drive lmv/mcw (nt) is also authorised to drive the vehicle in question having seating capacity of .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the appellant. it further stated that if the appellant, so wanted, certificate dated 3.12.2003 issued by it could have been made basis for lodging complaint under section 138 of negotiable instruments act, but the appellant elected not to do so and, as such, it caused no loss to him, so the complaint be dismissed, being devoid of merits. 7. parties ..... value of the cheque. he also contended that merely because other remedy was available to the appellant, he could not be ousted from filing the complaint under the consumer protection act. in support of his contention, he placed reliance upon two authorities of the state commission namely state bank of patiala v. vishwas ahuja, i (2004) cpj 413=(2004) 2 con .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... for the respondents next contended that the appellant had purchased booth no. 7 for commercial purpose and as such she was not a consumer in view of section 2(d)(i) of the consumer protection act. there is no evidence on the file that the appellant had purchased the booth for running it for commercial purpose. it is just possible that she .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... of torts, ratanlal and dhirajlal (edited by justice g.p. singh), referred to hereinabove, holds good. negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. the essential components of negligence are three : duty, breach and resulting damage. (2) a simple ..... there was no post operative complications attributable to them, nor there was any defect in the surgery/treatment/implant. thus, they were not liable for any act of negligence as no negligence was attributable to them. therefore, they prayed that the complaint be dismissed with heavy costs being fictitious in nature. 15. parties ..... although he was required an immediate surgical treatment for his massive internal bleeding and the doctors attending upon him discharged him without performing the above mentioned acts. 5. it was further averred that due to negligence of doctors by not bothering to look into the internal and external injuries caused to the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... tribunals in interpreting the policy conditions would apply the rule of main purpose and the concept of fundamental breach to allow defence available to the insured under section 149(2) of the act. 18. sh. manjinder singh, owner of the bus had sworn affidavit dated 8.4.2003 in which he stated that the driving licence of gurjit ..... ), observed as under: (iii) the breach of policy condition e.g., disqualification of driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of section 149, have to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence, fake or invalid driving licence or disqualification ..... them is valid or not. thus, where the owner has satisfied himself that the driver has a licence and is driving competently there would be no breach of section 149(2)(a)(ii). the insurance company would not then be absolved of liability. if it ultimately turns out that the licence was fake the insurance company would .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... under the hire purchase agreement then the purchaser / complainant is a mere bailee and as such does not come under the definition of conumser as defined under the consumer protection act, 1986. to the same effect, is the authority of the honble national commission delivered in revision petition no. 367 of 1998 titled, tata finance limited v. marjan hosan and others ..... agreement and as such he was mere bailee and not owner of the vehicle and as such does not come under the definition of the conusmer under the consumer protection act, 1986. it denied the other allegations and stated that there was routine jobs regarding the vehicle which it has satisfactory performed. respondent no. 2 also denied the allegations of the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.C. Gupta, President: 1. This appeal has been directed by OP No. 2 against order dated 18.4.2006 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (hereinafter to be referred as District Consumer Forum) vide which the complaint of Sh. Mohinder Singh-respondent was accepted with costs of Rs. 1,100 and appellant and OP No. 1 (as mentioned in the complaint) were directed to pay Rs. 85,132 along with interest @ 7% p.a. from the date of repudiation of the claim i.e. 17.11.2004 till payment. 2. Briefly stated the facts are that respondent (complainant) purchased Maruti Car (ZEN) LXI bearing No. CH-03-K-5552 in the name of her daughter-in-law Smt. Harbinder Kaur. It was got insured with the National Insurance Company Limited i.e. OP No. 1 (as mentioned in the complaint) vide policy No. 7421176 which was valid from 28.2.2004 to 27.2.2005, the copy of insurance policy is Annexure C-1. Later on Smt. Harbinder Kaur sold the said car in favour of the respondent and it was d...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.C. Gupta, President: 1. None is present on behalf of the respondent, although Sh. Ashwani Verma, Advocate had appeared on behalf of respondent on the last date of hearing. Hence, respondent is proceeded against ex parte. 2. There is a delay of 7 days in filing the appeal. An application accompanied by duly attested affidavit of Sh.V.K. Singla, Executive Engineer has been filed. For the reasons stated in the application, the delay is condoned. 3. Briefly stated the facts are that the respondent Sh. Bag Ram had taken on lease land measuring 16 canals situated in the revenue estate of Village Chankothi, Tehsil Ratia, District Fatehabad from Sh. Govind. The said land was having tubewell and the electric connection was in the name of Govind bearing No. JD/03. The respondent was using the tubewell of Govind to irrigate the land. 4. The over-hanging cable passed through the field of Govind. On 24.4.1998 there was a sparking from the cables as a result of loose cables due to which wheat crop...
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