Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... five snares of the society cannot be said to have hired the services of the society. therefore, he will not be a consumer as defined under section 2(1)(d) of the consumer protection act. and that being so, the complaint case was not maintainable before the consumer forum. 10. as regards allotment of plots to non-police personnel, ..... issue of irregularity in allotment of plots when it was outside the scope of consumer fora in view of the provisions of bihar and orissa co-operative societies act , a special act. 11. further the complainant had purchased shares of the society on 13.10.1976. the allotment of plots of the society had finally been made in 1981 ..... they further alleged that the allotment of plots of the society was done in 1981-82 whereas the consumer protection act, 1986 came into force on 24.12.1986 and hence the complaint case is not maintainable under the act. they further pleaded that consumer forum is not the appropriate venue for deciding such complaint case which may require .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... storeyed building in the adjacent plot. the opposite party no. (vii), on complaint from nearby residents, was restrained by the s.d.m., patna under section 144, criminal procedure code on 17.11.1993. the complainant claims that his construction materials were usurped by the opposite party no. (vii) for which he may ..... operative house construction society limited, lohianagar (hereafter society), opposite party no. (vii), in its written statement, has submitted that the complaint petition under consumer protection act, 1986 preliminarily is not maintainable as the complainant is not a consumer in respect of opposite party no. (vii) and therefore opposite party no. (vii ..... objective, responsive and care-taking towards protection of the interests of the consumer in keeping with the legislative intentions of welfare oriented consumer protection act, 1986. it is disturbing to note the lack of sense of administrative accountability in the organisation. the board has stated in its written statement .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... on 5.10.1991. the complaint case was filed on 23.3.1993. there was no provision of limitation in the consumer protection act 1986 before 1993 amendment. section 113 of the limitation act, 1963, in such case will be attracted where limitation period prescribed is three years. the complaint petition thus is well within limitation ..... account of value of goods and compensation according to his own assessment. the jurisdiction of state commission in adjudicating this case is clearly made out according to section 17(a)(i). we therefore over- rule the objection raised by the opposite parties and hold that the complaint case is maintainable before the state commission. ..... parties the truck had been purchased by the complainant for commercial purpose and therefore the complainant according to provisions of 2(1)(b) of the consumer protection act, 1986, is not a consumer. he is therefore not entitled to file the complaint case before consumer disputes redressal agency. they further contended that the .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... of the period of three years from that date after the certificate proceeding being decided against him. 12. further, the word "complaint" has been defined by section 2(1)(c) of the act which reads as follows : (c) "complaint" means any allegation in writing made by a complainant that (i) an unfair trade practice or a restrictive trade ..... . but simply because the purchase of the machine was by the firm, it cannot preclude the complainant from the protection of the explanation to section 2(1)(d)(i) of the act if the members of the firm themselves operate the machine exclusively for the purpose of earning his livelihood by self-employment. we are fortified in ..... -respondent no.1 submitted that the complainant being unemployed purchased the machine for earning his bread and his case, therefore, is covered by the explanation to section 2 (1)(d)(i) of the act which reads as follows : "(explanation : for the purpose of sub-clause (i) "commercial purpose does not include use by a consumer of goods .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... substance in the point being raised by the appellant. in this connection it is necessary to notice the definition of the complaint as given under the act. section 2(1)(c) of the act defines the word complaint and its relevant portion runs as follows : complaint means any allegation in writing made by a complainant that (i) any unfair ..... appellant relies to satisfy this commission that it has sufficient cause for not prefering the appeal within the period of limitation as specified u/section 15 of the consumer protection act (hereinafter called the act). it is mentioned by the appellant that he could know of the impugned order only when a copy of the impugned order was served ..... complaint; (iv) one or more consumers, where there are numerous consumers naming the same interest. 11. the complainant has filed this case as a consumer. section 2(1)(d) of the act has defined the word consumer: (d) consumer means any person who (i) buys any goods for a consideration which has been paid or promised or .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... for consideration to the public and therefore those who are allotted plots/houses from the board are clearly consumers falling within the definition in section 2(d) of the act. again under section 2(o) of the act the definition of the term service is very comprehensive : it means service of any description including banking, financing, insurance, transport, processing, ..... raised by the opposite party that the secretary to the government in the housing department was a necessary party suffice it would to refer to section 63(1) of the housing board act which lays down that all asset and liabilities relating to the work of allotment of houses/plots of the housing department of the state ..... the board renders to the public for a consideration is clearly covered by section 2(o) . 5. in the light of above findings of the national commission we have no doubt that complaint filed by shri roy against the housing board is maintainable under the act. 6. so far as the point of his case still being .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
K.P. Sinha, Member: 1. This is an appeal against the order of the learned District Forum, Patna dated 23.5.92 in Complaint Case No. 424 of 1991. By this order the learned District Forum has directed the opposite party National Insurance Company (appellant before us) to pay to the complainant (respondent before us) a total sum of Rs. 41,032/- including compensation of Rs. 10,000/- along with interest @ 18% with effect from 12.2.91 upto the date of payment. The Appellant have filed the appeal taking the plea that the learned District Forum made an award in favour of the complainant-respondent on conjectures and surmises without considering the contentions made in their written statement before the learned District Forum. 2. We have heard the learned Advocates for the appellant and the respondent and perused the records of the learned District Forum, Patna. 3. The facts of the case in brief are that the Maxi-Taxi bearing number BHC 2223 belonging to the complainant-respondent met an acci...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... manager, life insurance corporation ii (1992) cpj 493 (nc) the question whether a nominee under a policy of lic is a consumer within the meaning of section 2(1)(d) of the act was for consideration before the national commission and the commission has observed as follows : ..there is substance in the contention raised by the appellant that the ..... had filed the complaint before it in his capacity as nominee under a policy of life insurance will not be a consumer within the meaning of section 2(1)(d) of the consumer protection act, 1986 and hence his complaint could not be entertained by the state commission hence this objection on be half of the lic cannot be accepted ..... maintainability of the complaint petition has been challenged. it has been stated that nominee of the deceased is not a consumer within the meaning of section 2(1)(d) of the consumer protection act, 1986, as there was no agreement of contract to render any service by the lic to the nominee nor such a right can be delegated .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... the order of the district forum, jehanabad dated 18.1.91 holding that the complainant, appellants before us, was not a consumer as per the definition of section 2 of the consumer protection act, 1986. 2. the fact of the case have been dealt in para- 4 of the order of the district forum. in brief the facts are that ..... viz. seizure of the vehicle, prosecution the complainant/appellant for no fault of his the appellant had no defence in want of the written refusal. under the motor vehicles act the complainant claims a compensation of rs. 1,000/- on account of the deficiency in the banking service of the respondent nos. 1 and2 causing fear and agony to ..... not seem to have any account with the state bank. there is, therefore, force in the finding of the district forum that the complainant is not a consumer under the act. neither any goods were purchased, nor any services of the state bank of india, jehanabad were hired for consideration by the complainant. 4. under the circumstances we do not .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... -section 1 of section 14 of the act. we are butressed in our view by the principles laid down by the national commission in a.p. state electricity board and others v. a.p. state ..... in clauses a, b, c and d of sub-section 1 of section 14 of the act. the consumer court cannot pass any order directing to do something or desist from doing anything. such order is not contemplated by any of the clauses of sub ..... forum has directed the opposite party - appellant to give l.p.g. cylinder to the complainant which order could not be passed by the district forum u/sec. 14 of the consumer protection act, there appears substance in the submission on behalf of the appellant. a case can be filed before a consumer court only for any of the relief as enumerated .....
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