Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
J.D. Kapoor, President (Oral): 1. Admittedly the appellant got his TV shop insured with the respondent by obtaining Shopkeepers Insurance Policy which was valid for period of one year from 11th January, 2001 to 10th January, 2002. On 10th January, 2001, a temporary servant committed theft of 3 colour TVs, six black and white TVs, etc. Consequently he lodged claim with the respondent company. The claim was repudiated in terms of Clause 11 of the policy providing that the company shall not be liable in respect of any loss or damage by burglary or house breaking where any partner or employee of the insured or member of the insureds family is concerned as principal or accessory. Feeling aggrieved, appellant filed the instant complaint before the District Forum seeking indemnification of the loss. 2. Vide impugned order dated 18th May, 2002 passed by the District Forum, the complaint was dismissed by upholding the ground of repudiation of the claim by the respondent. 3. Through this appeal,...
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose. therefore, the provisions of section 230 of the contract act, 1872 that the agents of foreign principals cannot be sued personally were not applicable in the given facts and circumstances of the case. 9. as per ..... of cho yang shipping co. ltd. and has admitted the same in the complaint as well as in the documents relied upon by them and, therefore, under section 230 of the contract act, 1872, the agents of foreign principals cannot be sued personally nor made personally liable (air 1999 bom. 401) and, therefore, there is no cause of action ..... from his own and, therefore, he was the direct beneficiary of the services availed and falls within the definition of consumer as defined by section 2(1)(d)(ii) of the consumer protection act, 1986 which means any person who hires or avails of any services for a consideration which has been paid or promised or partly paid .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. each and every section appearing in this act is of such a significance and importance and has such a meaning that it is difficult for any unscrupulous or deficient service provider, manufacturer or trader ..... to save himself from consequence arising from his acts of omission and commission and negligence. 12. similarly, under the provisions of section 14 of the consumer protection act,1986, particularly section 14(1)(d) every service provider like nursing home and hospital is liable to compensate the consumer ..... or operation injury or mental agony or harassment or resulting in the death of the patient. 8. since the remedy under the consumer protection act, 1986 by virtue of section 3 is an additional and independent remedy and not in derogation to any other law for the time being in force, every .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service (section 2(1)(g)). 19. to ascertain the medical negligence, cumulative conclusions drawn from various decisions can be summed up in the form of following queries? decision will depend upon the ..... is entitled for compensation on account of both kinds of negligence. the test for holding the medical professional liable for criminal negligence should be such which should manifestly demonstrate utter act of rashness and negligence whereas ordinarily the medical negligence or deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
J.D. Kapoor, President (Oral): 1. The complainant has claimed a sum of Rs. 7,93,397 as compensation for the negligence of doctors of O.P. Hospital in performing open heart surgery resulting in further complications and need for second surgery. 2. On the factual matrix the case of the complainant, who is a 35-year-old young lady, is that she developed some problems like vomiting, breathlessness and other complications on 18.8.1996 and was shown locally to various doctors as well in G.B. Pant Hospital and was finally referred to the O.P. Hospital, where after Ecocardiogram and Doppler study, the consultant Cardiologist Dr. B.B. Chanana, opined that CMV (Closed Mitral Valvotomy) be performed, i.e., open mitral valve without opening the heart, as this procedure would be more effective and less expensive. On depositing Rs. 50,000 the complainant was operated upon but instead of carrying out close mitral valvotomy (CMV) the cardio-specialist of O.P. hospital resorted to open heart surgery an...
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... is not required to do and does not do a thing which he is required to do. however, the definition of deficiency provided by section 2(1)(g) of the consumer protection act, 1986 is so wide that it also takes in its fold the administrative deficiencies of the hospital. for instance, not providing blood to ..... for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service [section 2(1)(g)]. 12. to ascertain the medical negligence, cumulative conclusions draw from various decisions can be summed up in the form of following queries? decision ..... compensation on account of both kinds of negligence. the test for holding the medical professional liable for criminal negligence should be such which should manifestly demonstrate utter act of rashness and negligence whereas ordinarily the negligence or deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... shipment to any party. the instant complaint was filed only to avoid payment of freight and thus is an abuse of process and is thus barred under section 2(d) of the consumer protection act since the contract is without consideration. the complainant is not a consumer since it did not pay consideration. 5. it is settled law that the parties are ..... objection as to the maintainability of the complaint, being barred by rule, which according to the o.p. is barred by sec. 26 of the carriage by air act, 1972 and rule 12(4) schedule-l of the carriage by air act, 1972, the o.p. has come out with the stand that the claim is for rs. 21.13 lakh on account ..... deliver it within a reasonable time. it was with this object that the standards of service (s) were laid down by the legislature by way of bringing the consumer protection act on the statute book. however, in the instant case, the delivery was made within 8 days which was not a reasonable period as the consignment was booked with a view .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... policy described therein. it is only if the insurer fails to convey the refusal within fifteen days that the deeming clause comes into operation. however, section 157 of the new act makes the transfer of the certificate of insurance along with the insurance policy described therein automatic along with the transfer of the motor vehicle together with ..... in which question of third party claim arises. the case before supreme court was not in respect of damage of the vehicle out of total loss. section 157 of motor vehicles act provides as under : 157. transfer of certificate of insurance (1) where a person in whose favour the certificate of insurance has been issued in ..... the pre-dominant object of the contract i.e. insurance policy was to indemnify the loss of vehicle against theft and therefore neither provisions of section 157 of motor vehicles act nor the concept of third party claim was available under the term of the contract nor it was proper for the insurance company to frustrate the .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... with heavy punitive damages and may be that the ceos or the officers of the organisation may suffer the consequences arising from the provisions of section 27 of the consumer protection act, 1986, prescribing minimum sentence of one months imprisonment or fine or with both. vide separate order of even date the complaint has been ..... provided by these agencies qua the potential users has to be tested on the anvil of the standard prescribed by the consumer protection act, 1986. according to section 2(1)(g) of the consumer protection act, 1986, whenever there is any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is ..... or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person. deficiency as defined by section 2(1)(g) of the act is as under : deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... complaint as a complaint filed by the complainant on her behalf and on behalf of numerous other consumers, having the same interest and sufferings, as contemplated by section 12(c) of the consumer protection act, 1986 and, more so, when the cellular operators association of india to which o.p. 1 - airtel, i.e. bharti televenture, is one of the ..... . and thus creating nuisance and harassment to the complainant. 24. there is no dispute that the complainant falls within the definition of consumer as defined under section 2(l)(d) of the consumer protection act, 1986, by virtue of having availed the service of cellular operator from o.ps. 1 and 2. 25. o.ps. 3 and 4 are also ..... the o.ps. 1 and 2 and was clandestinely exchanged and shared by it with o.ps. 3 and 4. deficiency in service as defined by section 2(1)(g) of the consumer protection act, 1986 means : any fault, imperfection, short-coming or inadequacy in the quantity, nature and manner of performance which is required to be maintained by or .....
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