Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... with necessary deposits. even the state consumer disputes redressal commission, punjab had held that after registration money is confirmed to have been received, service as defined in section 2(1)(d) of the consumer protection act, 1986 is deemed to start and hence, the applicant is a consumer. as regards the preliminary objection regarding the complaint being time-barred, the learned district ..... the complainant, has also been admitted. it has further been admitted that all persons whose names were put in the draw had been allotted plots but the ops justified their act of not adding the name of the complainant in the list of draw on the plea that draft for rs. 30,000 was not traceable in the office and the .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... tension wire but it did not shift the wire. it next stated that it had performed its duty but it was punjab state electricity board which did not perform the act and as such stated that complaint should be dismissed qua it. 15. complainants and op no. 4 adduced their evidence by way of affidavits. 16. we have heard counsel for .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... annexure c-4 was issued on 10.12.2003. considering period of two years from the date of handing over of possession, the complaint is within time under section 24a of consumer protection act. otherwise also, non-providing of basic amenities provide continue cause of action and as such we hold that complaint is not time barred. 16. in view of above ..... the complaint and stated that the plot in question was a commercial one and as such appellant (complainant) did not come under the definition of consumer under the consumer protection act. it next stated that the appellant had failed to point out any deficiency in service as the possession had been delivered. it further stated that it was barred by limitation .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... for indemnity for the loss which may be suffered due to various perils. therefore, the complaint is maintainable and the complainant is consumer as defined under section 2(d) of consumer protection act. 13. there is no dispute about it that cover notes ex. c-4 and ex. c-5 covered the loss of theft, burglary etc. ..... sales corporation was dealing in pesticides, seeds at a large scale and were indulging in commercial activities, so, it was not a consumer as defined in section 2(d) of consumer protection act, 1986. in our opinion, the contention of learned counsel is not tenable. the complainants had insured the goods with united india insurance company stored in ..... they were dealing with pesticides, seeds, etc. at a large scale and as such did not come within the definition of consumer as defined under section 2(d) of the consumer protection act; that the complaint was bad on account of non-joinder of necessary party namely state bank of india. on merits, they controverted the allegations and .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... certificate of vehicle no. ch03 p6810 which is stated to be lmvt vehicle and its unladen weight has been mentioned to be 410 kilograms. section 2, sub-section (21) of the motor vehicles act,1988 gives the definition of light motor vehicle as under : light motor vehicle means a transport vehicle or omnibus the gross vehicle weight of ..... amount. the contention of learned counsel of respondent to the effect that it is transport vehicle and separate endorsement on the driving licence as per section 3 of the motor vehicles act was required and in the absence of this endorsement the licence was not valid and he was not competent to drive the transport vehicle, in ..... the amount had already been paid as compensation by the insurance company but directed national insurance company to recover the amount from the owner. 12. section-3 of the motor vehicles act states that no person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... takes the same for indemnification of actual loss and is not intended to generate profit. thus, complainant is consumer and complaint is not barred under section 2(1)(d)(ii) of consumer protection act, 1986. so, the complaint is maintainable. 25. the authorities national insurance co. ltd. v. harjeet rice mills, iii (2005) cpj 6 ..... where insurance policy has been taken for commercial unit, then hiring of service for commercial purpose is not excluded from the purview of consumer protection act,1986 because hiring of service of insurance company by taking insurance policy by complainant who was carrying on commercial activity cannot be held to be for ..... complainant was private limited company running commercial venture and as such the complainant did not fall under the definition of consumer as envisaged under the consumer protection act. in our opinion, contention of learned counsel cannot be accepted in view of the authority of harsolia motors v. national insurance company limited, i (2005 .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... .2005. 16. the standard fire and special perils policy covered the following 12 perils which are mentioned at page 29 of the file as under: (i) fire (ii) lightning (iii) explosion/imposition (iv) aircraft damage (v) riot, strike and malicious damage (vi) storm, cyclone, typhoon, tempest, hurricane, tornado, flood and inundation (vii) impact damage (viii) subsidence and landslide including rock slide ..... first loss. it next stated that the agents m/s. ravi shipping agency and soham shipping agency stored the goods i.e. yellow peas in deteriorated godowns and for their acts, insurance company was not liable. it denied other allegations and stated that the claim of complainant did not fall under the head vi, so, it stated that the claim had .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... district forum that the complainant is a beneficiary of op no. 3 and, therefore, he does fall within the definition of a consumer as defined in section 2(1)(d)(ii) of the c. p. act. it is also not denied that the insurance company was aware of the fact that the car had yet not been transferred in the name of ..... .2003. it is also clear that after purchasing the car, he made all-out efforts to get it transferred in his name. it is also not disputed that the complainant acted as directed by the r.t.a., chandigarh without any delay and in spite of his best efforts, the car could not be transferred in his name till expiry of ..... was no insurable interest of the complainant. this was done in spite of taking consent of the complainant for payment of rs. 64,800 on net of salvage. attributing the act and conduct of the ops as deficiency in service, the complainant has filed this complaint praying for the following relief : (i) that the opposite parties be directed to pay a .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.C. Gupta, President: 1. This appeal has been directed by the complainants against order dated 25.7.2006 passed by Consumer Disputes Redressal Forum-I, Union Territory Chandigarh (hereinafter to be referred as District Consumer Forum), vide which the complaint of appellants (complainants) was dismissed with no order as to costs. 2. The appellant No.1 Sh. Abhe Rattan Lamba got education loan in the month of September,92 with a limit of Rs. 2.5 lakh . He had executed the requisite loan documents on 4.8.92. However, on 15.11.1992 he had requested the respondents to reduce the limit of loan from Rs. 2,50,000 to Rs.2,00,000 and subsequently issued reminders on 20.12.1992 and 22.12.1992. Ultimately, respondents on 15.4.1999 allowed concession in the interest treating the limit to be Rs. 2,00,000 i.e. it was reduced from 19.75 % to 14% retrospectively with effect from 20.12.1992 and thus passed interest benefit of Rs. 29,607 to appellant No.1. According to respondents, as per letter Annexure...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... that imparting such instructions by the private educational institutions on receipt of fee does come in the ambit of the definition of service as enshrined in the c.p. act. the learned district forum, however, did not discuss the aspect of territorial jurisdiction in the impugned order. based on their opinion that the ops are guilty of ..... has any hostel at panchkula. 8. the main points of controversy are firstly the educational institutions being covered under the ambit of the c. p. act and secondly the territorial turisdiction of learned district forum, panchku1a. 9. firstly, coming to the issue of educational institutions being covered under the ambit of c.p ..... accepted the complaint. the learned district forum did go into the aspect of educational institutions being under the ambit of the consumer protection act, 1986 (for short hereinafter to be referred as c. p. act) and held that whenever education is imparted for a consideration, it is obvious that there exists a quid pro quo for the .....
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