Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... above, it was obligatory, on the part of the applicant/appellant to take immediate steps to ensure that the appeal was filed within the prescribed period, as envisaged by section 15 of the act. however, the applicant/appellant, just slept over the matter, and did not take the requisite steps to file the appeal, in time. it was, thus, a ..... the first question, that falls for consideration, is, as to whether, there is sufficient cause for condonation of delay of 55 days, in filing the appeal, under section 15 of the act or not. it was held in smt.tara wanti vs state of haryana through the collector, kurukshetra air 1995 punjab and haryana 32, a case decided by a ..... no.1 and 2/opposite parties no.1 and 2, the instant appeal, has been filed by the appellant/complainant. 10. alongwith the appeal, an application under section 5 of the limitation act, for condonation of delay of 55 days, was filed by the applicant/appellant, wherein, it was stated that certified copy of the order impugned dated 30.10 .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... is required to be obtained. the distinction between the `transport vehicle`, `light commercial vehicle` and a `passenger vehicle`, can also be noticed from section 14 of the act. sub-section (2) of section 14 provides for duration of period of three years, in case of an effective licence, to drive a `transport vehicle`, whereas, in case of ..... that if the vehicle is a light motor vehicle? but falls within the category of a transport vehicle, the driving licence is separately required under section 3 of the act. if it is not done, a person holding a lmv non-transport driving licence, cannot ply a transport vehicle. in the instant case, the licence ..... , insured by the respondent/opposite party no.2, which met with an accident, fell within the definition of a transport/commercial vehicle. according section 2(47) of the motor vehicles act, 1988, transport vehicle means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. 14. undisputedly, .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... as he knew that the service allegedly rendered by a person, without consideration, could not be said to be a service, falling within the definition of section 2 (o) the act, and, in that event, he would also not fall within the definition of a consumer. the district forum was, therefore, right in coming to the ..... left with no alternative, a complaint under section 12 of the consumer protection act, 1986 (hereinafter to be called as the act only), was filed, directing the opposite party, to supply the original registration certificate of the car, in question; pay the ..... a number of times, for the purpose. the complainant asked the opposite party, to compensate him, but to no avail. it was further stated that the aforesaid acts of the opposite party, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. when the grievance of the complainant, was not redressed, .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... , a complaint under section 12 of the consumer protection act, 1986 (hereinafter to be called as the act only), was filed, directing the opposite parties, to refund the amounts of rs.80,000/- and rs.81,000/-, in respect of policies no ..... were asked to cancel the policies, and refund the amount, deposited by the complainant, as premium, but they failed to do so. 4. it was further stated that the aforesaid acts of the opposite parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. when the grievance of the complainant, was not redressed, left with no alternative .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... redressed, left with no alternative, a complaint under section 17 of the consumer protection act, 1986 (hereinafter to be called as the act only), was filed, directing the opposite parties, to refund the amount of rs.39,64,201/-, alongwith interest @18% ..... plot, nor the question of delivery of possession thereof, arose. the complainant, thus, underwent a tremendous mental agony and physical harassment, on account of the acts of omission and commission of the opposite parties. in this view of the matter, the complainant, in our considered opinion, is entitled to compensation, for mental ..... of physical possession of the fully developed plot, to him, or by not refunding the amount, deposited by him. it was further stated that the aforesaid acts of the opposite parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. when the grievance of the complainant, was not .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... complaint under section 17 of the consumer protection act, 1986 (hereinafter to be called as the act? only), was filed, seeking the relief that the opposite parties be directed to set aside the cancellation of allotment and forfeiture of the booking ..... seeking both payments of revocation of cancellation charges, alongwith penal interest, amounting to rs.1,50,000/- and rs.1,31,000/- respectively. it was further stated that the aforesaid acts of the opposite parties, amounted to deficiency, in rendering service and indulgence into unfair trade practice. when the grievance of the complainants was not redressed, left with no alternative, a .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... force. the mere existence of an arbitration clause, in the document, aforesaid, would not oust the jurisdiction of the consumer fora, in view of the provisions of section 3 of the act. similar principle of law, was laid down, in fair engg. pvt. ltd. and another vs. n.k.modi (1996)6 scc 385 and c.c.i ..... as also indulgence into unfair trade practice. when the grievance of the complainant, was not redressed, left with no alternative, a complaint under section 12 of the consumer protection act, 1986 (hereinafter to be called as the act only), seeking direction to the opposite parties to refund rs.70,000/- alongwith interest @18% per annum; pay rs.25,000/- on ..... parties stands rejected. 15. the next preliminary objection raised was regarding the existence of arbitration clause in the agreement. section 3 of the act, is worded in widest terms, and leaves no manner of doubt, that the provisions of the act, shall be, in addition to, and not in derogation of any other law, for the time being, in .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... in force. the mere existence of an arbitration clause, in the document, aforesaid, would not oust the jurisdiction of the consumer fora, in view of the provisions of section 3 of the act. similar principle of law, was laid down, in fair engg. pvt. ltd. and another vs. n.k.modi (1996)6 scc 385 and c.c.i chambers ..... as also indulgence into unfair trade practice. when the grievance of the complainant, was not redressed, left with no alternative, a complaint under section 12 of the consumer protection act, 1986 (hereinafter to be called as the act only), was filed, directing the opposite to refund rs.70,000/- alongwith interest @12% per annum from the date of deposit; pay ..... clause in the agreement. with a view to appreciate the controversy, in its proper perspective, reference to section 3 of the act is made, which reads as under ; 3. act not in derogation of any other law. the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... in the proposal, and declaration, and connected documents or any material information was withheld, then and in every such case but subject to the provisions of section 45 of the insurance act, 1938, wherever applicable, this policy shall be void and all claims to any benefit in virtue hereof, shall cease and determine in all moneys that ..... in the proposal, and declaration, and connected documents or any material information is withheld, then and in every such case but subject to the provisions of section 45 of the insurance act, 1938, wherever applicable, this policy shall be void and all claims to any benefit in virtue hereof, shall cease and determine in all moneys that ..... of an insurance policy. it takes into account the social security aspect of the matter. 13.there are three conditions for application of second part of section 45 of the insurance act which are: (a) the statement must be on a material matter or must suppress facts which it was material to disclose; (b) the suppression .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... 405, sector 30-a, chandigarh, but none bothered to supply the same, till date. it was further stated that, as per sub section 1 of section 6 of the public record act, 1993, read with rules 1995, the record officer was responsible for proper arrangement, maintenance and preservation of public record. it was further stated ..... new delhi, held, in the aforesaid case, that the consumer fora, had jurisdiction to entertain and decide the complaint. in right to information act, 2005, as held above, under section 19(8)(b), the central information commission or the state information commission, as the case may be, can direct the public authority to compensate ..... case, no help, therefore, can be drawn by the appellant/complainant, from the principle of law, laid down therein, to support his contention, that section 3 of the consumer protection act, 1986, provides an additional remedy, and, as such, the district forum, had jurisdiction, to entertain and decide the complaint. the submission of the .....
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