Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... is a consumer under the c.p. act and the district forum has clear jurisdiction to entertain and dispose of the complaint. the impugned order and the facts of the case clearly indicate that there was ..... answer papers, unreasonable delay in publishing results, etc. are administrative aspects relating to education and thus not excluded from the definition of service under the c.p. act, especially when fees are charged for holding the examination as consideration. therefore, in the light of these rulings in the present case under consideration also, the complainant ..... 1952 and that the board does not render any service for hire as defined under the c.p. act and education does not come under the c.p. act. further the complainant is not a consumer under the c.p. act and the complaint was not maintainable under the consumer forum. 5. we have perused the records. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... complainant. the board was superseded on 4th september, 1996 and administrator was appointed. the appellant does not come under the definition of consumer as defined under section 2(1)(d) of the act, as such, the complaint was not maintainable and the finding of the district forum that complaint was maintainable was against the provision of law. education does not ..... students for re-evaluation. it is also the contention of the appellant that the complaint is not maintainable and the appellant being a statutory authority established under section 3 of the bihar school examination board act, 1952 and it can be sued and be sued and as such the complaint was itself not maintainable and no relief could be given to the .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... in the instant case. the district forum has rightly held that cause of action in this case shall be guided under the provision of section 11(2)(c) of the consumer protection act because the bus was seized in the jurisdiction of the ara forum and the entire payment of the loan amount was also made within ..... the complainant was the consumer because under the definition clause 2(1)(d) sub-clause-ii of the consumer protection act hirer of any service also becomes consumer. sub-clause (o) to the section 2 of the consumer protection act includes financing service. therefore, the district forum has rightly held that complainant was a consumer because admittedly the entire ..... not been denied by the appellant. since the bus was purchased for self-employment, therefore, the complainant comes under the definition of consumer under the consumer protection act. 10. from the facts mentioned above it is admitted case that complainant was required to clear the loan by 14.3.2003 but with the seizure of the .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... filling the proposal form. this was a common disease found in most of the women and non-mentioning of this disease in the proposal form was only a bona fide act. we do not find substance in the contention of the l.i.c. that this was a material suppression in order to obtain the l.i.c. policy and l .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... after considering the facts of the admitted case we are of the view that complainant-respondent does not come within the definition of consumer as defined under section 2(1)(d) of the consumer protection act. a consumer means (i) buys any goods for consideration .... thus not applicable, (ii) hires or avails of any services for a consideration which has been paid .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... till 28.1.2002. it is also admitted fact that the patient is still alive but he has lost his eye sight. under the definition of section-2(d) of the consumer protection act complainants father was the consumer and not the complainant. only in the case of death of his father the heir complainant was liable to file the ..... to the patient. in several decisions the honble supreme court, national commission and state commission have held that a doctor is not guilty of negligence if he has acted in accordance with the practice accepted as proper by a reasonable body of a medical man skilled in that field. a doctor can not be held negligent simply because ..... due to blindness. the complainant being the heir of victim sharda prasad singh (his son) and bona fidely come within the definition of consumer under the consumer protection act. the district forum has not considered the abstract of the book filed on behalf of the complainant in support of the fact that the medicine prescribed by the respondent- .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
A.N. CHATURVEDI, President 1. This appeal by opposite party-appellant (Divisional Manager, National Insurance Company, Hazaribagh), is directed against the order dated 4.7.1996 passed by District Forum, Koderma at Hazaribagh in Complaint Case No. 9of 1996/63 of 1995 whereby the District Forum has directed the opposite party-appellant to pay Rs. 1,57,859/- to the complainant (respondent) as medi-claim amount with interest @ 18% from November, 1994 till payment. There is further direction for payment of Rs. 5,000/- as compensation and Rs. 2,000/- as cost. 2. It appears that the complainant (respondent) filed a complaint petition before the District Forum on 5.4.1995 alleged therein that he was insured by National Insurance Company, Hazaribagh Division under Medi Claim Insurance Scheme, category vide policy No, 171100/8500005/93 which was for the period 19.5.1993 to 19.5.1994. During the insurance period he (complainant) had massive heart attack for which he was under the treatment of a n...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... administration for consideration and the complainant was entitled to be carried safely in the train upto its destination in the reserved compartment. referring to section 147(2) of the railways act, 1989, it was further held by the national commission that if any person enters into any reserved compartment unauthorisedly, then besides being liable ..... persons named in the complaint petition including his daughter. the word consumer has been defined in section 2(1)(d) of the consumer protection act. a plain reading of clause (ii) of sub-section (1) of section 2 of the act which specifically pertains to the hiring of services, would make it manifest that the statute visualises ..... of contract between the complainant and the opposite party and the complainant does not come within the definition of consumer as defined in the consumer protection act. 4. further case of the said opposite parties is that reserved berths in respect of which claim has been made were pre-occupied by rallyists of .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... statement, this commission has no jurisdiction to entertain the instant complaint. a perusal of the definition of the word service as given in section 2(1)(o) of the consumer protection act would leave no room for doubt that facilities in connection with insurance can also be subject-matter of dispute before the consumer forum and ..... ). 8. opposite parties 1 to 3 in their written statement have pleaded that the complainant being nominee is not a consumer in terms of the consumer protection act and hence she cannot maintain the complaint in respect of the policy in question, which according to them, had lapsed prior to the death of the life ..... to take shelter of a court of competent jurisdiction. but no reply was received from him. by treating the policy in question as lapsed, the opposite parties have acted arbitrarily and have adopted double standard in settling the genuine claim. on the aforesaid allegations the complainant has prayed for the following reliefs :(i) issuance of claim form .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... that the insured factory does not come within the definition of a consumer as raised by the opposite parties-insurance company in their written statement. section 2(1)(d) of the consumer protection act says "consumer means any person who hires or avails of any services for consideration which has been paid or promised or partly paid and partly ..... and in use and no sign of forceful entry was found. the claim of interest at the rate of 18% by the complainant is contrary to sections 2(b) and 3 of the interest act, 1978. they again contended that the claim for loss in the burglary was shown as rs. 6,48,960/- only when the complainant has made ..... 1 and 2, on being noticed, filed written statement disputing that the insured factory does not come within the definition of consumer as defined under section 2(1)(d) of the consumer protection act. the complainant has not filed any paper regarding the turnover of the factory before the commission as it would have proved at the first instance that .....
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