Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... administrative approval. we find that this transaction dated 27.12.1996 notwithstanding that it was by auction was not sale within the meaning of section 54 of the transfer of property act, 1882 because in a sale there is absolute transfer of all rights in the property sold. in the present transactions the right of reversion ..... argued but deficiency in rendering of service of particular standard, quality or grade. such deficiencies or omissions are defined in sub-clause (ii) of clause (r), section 2 as unfair trade practice. 6. after going a little deep through the aforesaid authority it is not feasible to accept the contention that the respondents were ..... complainant should find out excuses for non-fulfilment of the conditions. the jurisdiction of civil court was also barred under the capital of punjab (development and regulation) act, 1952. on facts it was averred that public roads, street lights etc. may be provided during the course of development. the sites were earmarked by the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... was again rushed to p.g.i, where a heavy dose of blood was given to raise haemoglobin level. the complainant himself being a doctor protested against the treatment and acts of negligence of the doctors attending on him especially by dr. s.n. mathuria. subsequently it was revealed that cause of lower haemoglobin level was prescription of heavy dose of .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
J.B. Garg, President: 1. Shri Satpal Pebma, the complainant is an employee of P.G.I., his father Shri Banarsi Das, aged 65 years was admitted in the P.G.I, in the last week of August, 1996. He had several problems such as pain in the right leg, ailment in spine, etc. He was examined by an Orthopedist as well as Neurosurgon in the OPD. Thereafter he was referred to Cardiology Department where he was also examined by Medical Officers such as Dr. R.P. Sapru, Dr. A.K. Gupta, Dr. Rajvanshi etc. The complainant could not arrange purchase of the required kit, etc. for further treatment because its price was likely to be more than Rs. 80,000/-. The grievance of the complainant is that he himself being an employee of the P.G.I. was entitled to free treatment of his father and the patient died on account of deficiency on the part of the respondents. He has claimed a compensation of Rs. 7 lacs. 2. A reply has been filed on behalf of the respondents wherein it has been averred that Shri Banarsi Da...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
J.B. Garg, President: 1.Ganpat Rai Hans, a resident of Sector 26, Chandigarh has alleged that in order to earn his livelihood, he purchased one Canter (a small size truck) from M/s. Pasco Motors, Industrial Area, Chandigarh, on 7.6.1995 on payment of Rs. 3,65,965/-. It is a product of Tata Engineering and Locomotives, Bombay. After about 13 months, its engine ceased in Rampur, Himachal Pradesh. The vehicle was taken to workshop of respondent No. 2 in the Industrial Area, Chandigarh, but the complainant was advised to get the faults repaired and for a few replacements referred to Krishna Auto Sales, Moga, a sister concern of respondent No. 2. The complainant carried the vehicle to Moga and was required to spend a sum of Rs. 3,500/- on transportation for this purpose. It has been alleged that the complainant was compelled to spend on the maintenance of the driver, etc. and had been suffering a loss of Rs. 14,000/- per month. In all the complainant has claimed a sum of Rs. 6,50,000/- and ...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
J.B. Garg, President: 1. Dr. Rajesh Bhatia had been a resident of House No. 1055, Sector 15, Chandigarh. He had been living in Canada as a Non-resident Indian. In June, 1993 he came to Chandigarh. An important purpose was renewal of his passport. When his application for renewal was pending, he deposited a sum of Rs. 600/- specific charges for making an inquiry by means of a fax message. Dr. Rajesh Bhatia considered that this expense of Rs. 600/- was uncalled for and he instituted a complaint. The Consumer Disputes Redressal Forum, Union Territory, Chandigarh ordered on 4.4.1996 refund of Rs. 600/- together with interest @ 18% per annum. Aggrieved against it the present appeal has been preferred by the Regional Passport Officer. 2. We have examined the record of the District Forum, Chandigarh. The relevant lines from the affidavit of Shri Bhagat Ram, Regional Passport Officer, Chandigarh dated 16.2.1995 are reproduced as under: 3."That para 3 of the affidavit is incorrect as stated. It...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the complainants wasted 31/2 years besides an investment of rs. 1.74 lacs and also alleged that the conduct of the respondents had been deficient and unfair and had acted as bomb shell to the complainants who were mainly educated unemployed. 3. in a reply filed by mr. r.k. jain, manager legal of the respondents, it has been averred .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the said complaint, the respondent has asserted that the complaint is not maintainable and the complainant does not fall within the definition of 'consumer' as defined under the consumer protection act, 1986. on merits it has been asserted that no assurance was given to the complainant individually and the complainant has raised the construction as per the terms and conditions of .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... dwelling unit as far as back in the year 1976. this fact has not been denied by the appellant. housing is within the purview of the consumer protection act and has been settled once for all by the supreme court in lucknow development authority v.m.k. gupta, 1986-95 consumer 278. the complainant did approach the ..... against this order, the present appeal has been attempted on the ground that this complainant does not fall within the-definition of the consumer under the consumer protection act qua the appellant chandigarh housing board and that the order of the district forum is liable to be quashed on this ground alone. it has been submitted that ..... 500/- since then and without any interest thereon. 2. the respondent-board in their reply, had stated that the applicant was not a consumer under the consumer protection act and had got no locus standito approach the district forum. on merits, they mainly admitted the facts narrated in the complaint. it had been submitted that the complainant .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... 16 may be noticed. the allegations contained in the complaint briefly stated are these. these complainant is a voluntary welfare organisation registered under the registration of societies act. it has a large number of retired defence personnel as its members and has been championing the cause of ex-servicemen. several ex-servicemen listed in each ..... now it is well settled law that housing and construction activity particularly by the government or even statutory bodies like housing boards fall within the purview of the act and any deficiency in their service can be complained against by the consumer i.e. allottees in the present case. another facet of the same objection ..... service which has been paid or promised or partly paid or partly promised or under any system of deferred payment are also consumers as defined under the act 7. the allottees who had applied for allotment of plots had deposited a substantial amount on account of advance payment and after the allotment of these plots .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the service rendered by the office of accountant general punjab, comes within the meaning of the word as defined in clause (o) of sub-section (1) of section 2 of the consumer protection act. this forum has held that the work carried on in the office of revision petitioner is covered by the definition of service. 2. ..... in the present revision petition, the learned govt. pleader has strenuously urged that in passing the impugned order the learned forum has sought to exercise jurisdiction not vested in it under the act ..... of service. it has, however, not considered the other objection, which was an important one, that the complainant is not a consumer as defined under the act nor had she hired any service for consideration. in this revision petition, we would not like to express any opinion on this legal point, which should be .....
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