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
..... 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
..... consequence. it shall be considered to be driving licence for a light motor vehicle and tempo, as per definition of light motor vehicle, as contained in section 2(21) of the act of 1988, would be a light motor vehicle. the definition of light motor vehicle apart, it does not sound to reason even otherwise that a person, ..... and hence the rejection of the claim. 4.learned district forum-ii perused exhibit a9, namely letter of home secretary, chandigarh administration which clarifies that under section 10 of the motor vehicles act, 1988, maruti van being used for personal/private use would fall under the category of lmv. it also referred to the order of honble punjab ..... ), hardayan singh v. charanji lal and others, wherein the honble high court has held that: once a licence can be granted by virtue of provisions contained in section 10 only with regard to kind of vehicles or type of vehicle, enumerated therein, the mere fact that in the licence of appellant scooter/motor cycle/car/jeep were .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
Maj. Gen. S.P. Kapoor, Member: 1. This is an appeal against the order of District Consumer Disputes Redressal Forum-II, U.T., Chandigarh [for short hereinafter referred to as District Forum-II] dated 1.4.2004 in Complaint Case No. 859 of 2002, Sh. Ashok Pathania v. HFCL Infotel Limited. 2. The case of the complainant, in brief, is that the complainant, an Advocate, obtained a connect-mobile connection from the O.P. for consideration and the number of the telephone was 894423. In July, 2002 the complainant received a bill for Rs. 607/- from the O.P. The bill was for the month of June 2002 and the same was paid vide Cheque No. 307957, dated 23rd July, 2002 i.e., by the due date. The cheque was dropped in a collection box meant for this purpose in SCO No. 423-24, 1st Floor, Sector 35-C, Chandigarh. The amount of the cheque was credited in the account of the O.P. on 2.8.2002. In spite of having received the payment, the O.P. without any notice locked the outside calls from the mobile phone...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... appellant/complainant and any agreement, which has the effect of a restrain on the exercise of the legal right is against the provisions of section 28 of the contract act. section 28 of the indian contract act, inter alia, provides every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any ..... leakage from the bathroom of house no. 1756/2 to the premises of 1756/1 of the appellant, would be void to that extent under section 28 of the indian contract act. the respondent-chb cannot take shelter under condition no. 4 and escape liability for the damage caused to the accommodation of the appellant/complainant due ..... rendered statutory service. the said service is alleged to be defective and in the instant case, the own employee of the respondent-chb shri y.p. batra, section officer has in his affidavit admitted about the defect causing leakage in the house of the appellant, would amount to denial of comfort and service to the appellant, .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... not in a position to give any opinion whether the improper alignment of fractured bone as is visible (c-2) was present just after the operation performed at general hospital, section 16, chandigarh or whether this improper alignment was caused by some indiscretion or carelessness of the patient in applying prematurely weight or pressure on his operated leg. normally before performing ..... due care and caution. medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner, which is acceptable to the medical profession and the courts finds that he has attended on the patient with due care, skill and diligence, it would be .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... use by his daughter to attend her college/tuition classes. 13. the definition of consumer as contained in sections 2(1)(d)(i) as well as (ii) of consumer protection act, 1986 [for short hereinafter referred to as the c.p. act] includes any user of such goods other than the person who buys such goods for consideration paid or promised ..... or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person [section 2(1)(d)(i)] includes any beneficiary ..... or promised, or partly paid and partly promised, or under any system of deferred payment when such services are availed of with the approval of the first mentioned person [section 2(1)(d)(ii)]. 14. since the respondent/complainant made an averment in the complaint that he had purchased the two-wheeler for use by his daughter, the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the parliament stepped in and added the explanation to section 2(d)(i) by ordinance/amendment act, 1993. the explanation excludes certain purposes from the purview of the expression commercial purpose a case of exception to an exception. let us elaborate: ..... goods for carrying on any activity on a large scale for the purpose of earning profit he will not be a consumer within the meaning of section 2(d)(i) of the act. broadly affirming the said view and more particularly with a view to obviate any confusion the expression large-scale is not a very precise expression ..... have been hired for commercial purpose. the learned counsel for the complainant, however, submited that the complainant is covered by the explanation appended to section 2(1)(d) of the c.p. act, which provides as under: explanation for the purpose of this clause, commercial purpose does not include use by a person of goods bought and .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. This is an appeal filed against order dated 2.6.2003 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No. 1199 of 1998, Jagtar Singh v. P.G.I., Chandigarh and 2 Others. The District Forum has dismissed the complaint on the ground that the appellant/complainant has not been able to prove medical negligence on the part of O.Ps. in the treatment of his own son Shri Rakesh Kumar (since deceased). The appellant filed the complaint in the District Forum alleged, inter alia, as under: 2. Shri Rakesh Kumar, since deceased, was suffering from fever and he was taken by the appellant to Barnala Nursing Home, Cheeka in Kaithal District in the State of Haryana and there he was examined by Dr. Ranbir Bansal at a Nursing Home who prescribed some medicines and diagnosed that Shri Rakesh Kumar was suffering from dog bite/Rabies. Dr. Ranbir Bansal referred the son of the app...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... while engaging himself in running the business employs apart from himself one or two employees, still he would be covered under the explanation appended to section 2(1)(d) of the c.p. act. the honble national consumer disputes redressal commission, new delhi (for short hereinafter referred to as the national commission) had the occasion to consider ..... error in excluding the appellant/complainant from the definition of consumer. we hold that the appellant is a consumer under explanation appended to section 2(1)(d)(i) and (ii) of the c.p. act. the impugned order is set aside. since the merits of the case were not gone into by the district forum, the complaint ..... complaint on the ground that the appellant/complainant was not a consumer under section 2(1)(d) of the consumer protection act, 1986 (for short hereinafter referred to as the c.p. act) inasmuch as he was engaged in commercial activity. the explanation appended to section 2(1)(d) clearly lays down as under: explanation for the purpose .....
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