Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... hazard applicable to that person.? 34) under the head of general exclusions, exceptions are provided for where insurance company is not liable to settle the claim, the said section reads as under: this entire policy does not provide benefits for any loss resulting in whole or in part from, or expenses incurred, directly or indirectly in respect of ..... military force to intercept, prevent or mitigate any known or suspected terrorist act, or i. ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel or j. the radioactive, toxic, explosive or other dangerous properties of any explosive nuclear equipment or any part of that equipment or k. congenital anomalies ..... s.c. jain, member: 1) this complaint has been filed by the complainant under section 17 of the consumer protection act 1986. facts of the case are that an accident guard policy? no. 0200005250 was obtained by sh. mahesh chand gupta son of the complainant from the .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... briefly stated, are that the respondent m/s. bhatter silver smith pvt. ltd. through its director shri roshan dabriwal, had filed a complaint under section 12 of the act before the district forum, averring therein that the respondent was engaged in the business of fabrication of silver jewellery and a jewellers block insurance policy bearing no ..... no. 17-a/39, vardan house, ajmal khan road, karol bagh, new delhi. it was stated that the policy issued by the appellant covered risk against fire, explosion, lightening, riot, strike, malicious damage, burglary, house-breaking, theft and robbery. it was stated that despite all round security, on the night falling between 10th/11th may ..... in service and on the basis of above finding has passed the impugned order. 8. feeling aggrieved, the appellant has preferred the present appeal under section 15 of the act. 9. we have heard the learned counsel for the appellant at length and have also carefully gone through the documents/material on record. on the .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... of the principal amount deposited by him unconditionally through cheque and encashed the same, he was no more a consumer within the definition of the section 2(d) of the act. also after acceptance of the refund without any pretext their existed no privity of contract between the parties. the complaint was barred by principle of ..... 02,720/- was received by the complainant vide receipt no. 11.07.2011. the complainant is therefore no longer a consumer within the definition of section 2(d) of the act. it was further mentioned that due to recession in the economy the construction schedules, which were supposed to be adhered to by the builders were ..... termed as fraudulent or exercise of undue influence or by misrepresentation or the like. 12) if in a given case the consumer satisfied the authority under the act that discharge voucher was obtained by fraud, misrepresentation, undue influence or the like coercive bargaining compelled by the circumstances, the authority would be justified in granting .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... the cheque in dispute in their ghaziabad branch so that jurisdiction of ghaziabad court could be created and filed their criminal complaint under section 138 of negotiable instrument act before the court of judicial magistrate at ghaziabad. this exercise of creating a colorable jurisdiction of ghaziabad court clearly reflects the intention of ..... towards payment of installments, which was deposited after making the full and final payment of the loan amount) op initiated the proceedings under section 138 of negotiable instruments act in the first week of september 2007, which were withdrawn vide ops letter 25.10.2007 after the fact came to their notice that ..... from 01.04.2007 till its realization for expenses incurred in defending the false, frivolous and mischievous complaint case filed by the respondent bank under section 138 of negotiable instrument act at ghaziabad court and further prayed for awarding legal expenses also as well as has prayed for award of rs. 15 lac as compensation .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... road level. 15. if appellant/op fails to comply with the above orders the respondent/complainant shall be at liberty to approach the district consumer forum concerned under section 25/27 of consumer protection act. 16. let a copy of the judgement be provided to the parties free of cost as per rules and a copy of the judgement be also sent ..... of delhi and failure on the part of the appellant/op to redress the genuine grievance of the complainant tantamount to deficiency in service as defined under the consumer protection act, 1986 and ordered the op to ensure regular water supply to the complainant and also to pay her rs.5000/- as compensation for her sufferance and mental agony with rs .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... respondents/ops fails to comply with the above orders the appellants/complainants shall be at liberty to approach the district forum north tis hazari, delhi under section 25/27 of the consumer protection act 1986. 21) copy of the order be made available to the parties free of cost as per law and one copy be sent to the ..... being its partner with the aid of its family members is earning his livelihood by means of self employment and it thus a consumer under section 2(1)(d) of the consumer protection act. 13) the arguments advanced by the appellant that the ld. district forum erred in holding that in the present case instalments have not been ..... ld. district forum erred in holding that the appellant was not a person as envisaged under the consumer protection act. section 2(m) of the consumer protection act defines the word person?. the relevant extract of section 2(m) of the consumer protection act is reproduced below: 2(m) person? includes,- i. a firm whether registered or not; ii. a hindu .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... impleaded before the district forum and if ops fails to comply with the above orders the complainant shall be at liberty to approach district forum under section 25/27 of the consumer protection act 1986. 20) a copy of the order be supplied to the parties free of cost as per law and one copy of the order be ..... as has been provided by the supreme court in ghaziabad development authority v/s balbir singh (2004) 7 cld 861(sc). the word compensation appearing in section 14(i) (d) of the act has been explained by the supreme court as under:- the word compensation is of a very wide connotation. it may constitute actual loss or expected loss ..... or services but also to compensate a consumer for injustice suffered by him. the commission/forum must determine that such sufferance is due to malafide or capricious or oppressive act. it can then determine amount for which the authority is liable to compensate the consumer for his sufferance due to misfeasance in public office by the officers. such .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... be made within a period of 30 days from the date of knowledge of the judgment following which the complainant appellant shall be at liberty to invoke the provisions of section 27/25 of the act.? 12). let a copy of the judgment be provided to the parties free of cost. thereafter file be consigned to record room. ..... s.a. siddiqui judicial member 1. this appeal has been filed by complainant appellant under section 15 of consumer protection act, 1986 (hereinafter called act) against order dated 02.07.2010 passed by ld. dcdrf (east) saini enclave, new delhi, in complaint case no.613/09 umesh narang vs. lic of india. 2. brief facts .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... be made within a period of 30 days from the date of knowledge of the judgment following which the complainant appellant shall be at liberty to invoke the provisions of section 27/25 of the act.? 12) let a copy of the judgment be provided to the parties free of cost. thereafter file be consigned to record room. ..... s.a. siddiquimember(judicial): 1) this appeal has been filed by complainant appellant under section 15 of consumer protection act, 1986 (hereinafter called act) against order dated 02.07.2010 passed by ld. dcdrf (east) saini enclave, new delhi, in complaint case no.613/09 umesh narang vs. lic of india. 2) brief facts .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... only before the estate officer and not before the civil court and consumer foras are constituted under the provision of consumer protection act 1986 and as per section 3 of the consumer protection act the remedy available under the consumer protection act is in addition to and not in derogation of any other law, meaning thereby, even if consumer is having remedy available under ..... any other act, he can file complaint under the provision of the consumer protection act 1986, but the consumer foras under the act are not vested .....
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