Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... coming to the second ground urged by the complainant in the appeal, under section 66 of finance act, the service tax at the rates applicable will have to be collected by the person rendering service from the person or customer, ..... as per section 83 of the finance act,1994 read with section 12b of the central excise act, 1944, the incidence of service tax falls ..... for collecting the service tax, has to get himself registered under section 69 and has to furnish the prescribed return, periodically, under section 70 of finance act. ..... section 68 provides that an insurer who is providing taxable services for any person shall collect the service tax at the rates specified under section 66 of the finance act ..... service provider, who is responsible for collecting the tax but fails to collect such tax is also liable to pay penalty equal to the tax, apart from interest there on, as per section 76 of the finance act. ..... per clause 19 of the terms and conditions of policies, the policy shall be governed by and subject to laws of republic of india and the service tax is charged as per the provisions of the finance act which is law passed by the government of india. ..... though ex.a1 is dt.26.12.2009, ex.a2 is dt.29.1.2010, the notification no.35/2011 relied upon by the complainant in his written arguments deals with amendment of service tax rules, which has come into effect only from first day of may,2011 whereunder an option is given to insurance company to pay in either ways provided thereunder, however .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... procedure, 1973 (2 of 1974), the district forum or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of the first class for the trial of offences under this act, and on such conferment of powers, the district forum or the state commission or the national commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a judicial magistrate of the first class for ..... 212=1989 (2) dl 100,contending that when the complainant had sought several reliefs, one against the company and another against the directors the leave which was mandatory under section 446 of the companies act need not be taken and the complaints were maintainable. ..... three appeals are preferred by the chairman and managing director and a partner of sree raja rajeswara finance and investments, the opposite parties/jdrs, against the order of the dist. ..... the whole complaint has to be construed as against the company and nothing to do with the directors vis-a-vis personal liability and in this view of the matter the mandate contained in section 446 of the companies act acquires any amount of importance, and it cannot be ignored. 11. ..... is an undisputed fact that the complainants invested the amounts covered under the fdrs in sree raja rajeshwara finance and investments, floated by the appellants. ..... complainants filed the complaints for recovery of amount covered under the fdrs issued by sree raja rajeswara finance and investments company. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... 72 of 2011 before the additional chief judge, city civil court, secunderabad under section 9(ii)(a) of arbitration and conciliation act,1996 against the appellant and shriram transport finance company ltd restraining them from alienating the lorry till disposal of the suit and she had withdrawn the o.p. ..... in the event complainant approaches the court the period spent between the filing of the complaint and the disposal of the matter today by us will be excluded under section 14 of the limitation act, 1963 in the light of the decision of the honble supreme court in trai foods ltd vs national insurance company ltd and others? ..... 187 of 2010 under section 8 of arbitration and conciliation act,1996, on the file of junior civil judge, city civil court, secunderabad and i.a.no. ..... the respondent filed o.p.no.72 of 2011 on the file of the i additional chief judge, city civil court at secunderabad under section 9 (ii)(a) of the arbitration and conciliation act,1996 . ..... section 2(1)(d) of the consumer protection act confers status of consumer who avails service or purchases goods not for any commercial purpose and in case the service is availed or goods are purchased for commercial purpose it is subject to the condition that such commercial ..... the learned counsel for the appellant-bank has contended that the respondent availed loan and purchased the lorry for her business purpose and she is not consumer within the meaning of section 2(1)(d) of the consumer protection act. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... clause (o) of the definition section defines it as under: " service' means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a ..... lucknow development authority is a decision which stood the test of time and the term service has been considered on the broad horizon of section 2(1)(o) of the consumer protection act as under: 4. ..... the appellant submitted that the complainant is not a consumer within the meaning of section 2(d)(i)(ii) of c.p.act, 1986 since the transaction is contractual in nature. ..... can a complaint be filed under the act against the statutory authority or a builder or contractor for any deficiency in respect of such property. ..... it expanded the meaning of the word further in modem sense by extending it to even such facilities as are available to a consumer in connection with banking, financing etc. ..... it may mean any benefit or any act resulting in promoting interest or happiness. ..... in absence of any indication, express or implied there is no reason to hold that authorities created by the statute are beyond purview of the act. ..... in black's law dictionary it is defined as "existing in possibility but not in act. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... the complainant had defaulted within a few months of the payment and therefore opposite parties acted as per the terms and conditions of the agreement by resorting to repossession of the vehicle which is their legal right as per the hire purchase agreement. ..... 12,790 to adi laxmi motors private limited as down payment and balance of rs.31,450 financed by opposite party no. ..... in the instant case the notice is given after repossession of the vehicle without giving an opportunity to the complainant to pay the dues prior to repossession which is an act of deficiency of service committed by the opposite parties. ..... it was held by the national commission in citicorp maruti finance ltd. v. s. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... order to facilitate the collection of funds for the national council and the state councils, the government of india (ministry of health and ministry of finance) should find out ways and means to secure grant of 100% exemption from income tax to the donor in respect of donations made to the ..... would be a representative body having in it representation from the directorate general of health services of the government of india, the drug controller of india, ministry of finance in the government of india, indian red cross society, private blood banks including the indian association of the blood banks, major medical and health institutions of the ..... means anything given to make things equivalent; a thing given to or to make amends for loss recompense, remuneration or pay, it need not therefore necessarily in terms ..... are that the complainant was admitted in triveni hospital to undergo caesarean section on 1.11.2011 and she was transfused with blood supplied by the ..... the existing machinery for the enforcement of the provisions of the act and the rules should be strengthened and suitable action be taken in that regard on the basis of the scheme submitted by the drugs controller (i) to the union government for ..... governments/ union territory administration shall establish a state council in each state/ union territory which shall be registered as a society under the societies registration act. ..... a national council of blood transfusion as a society registered under the societies registration act. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... srinivas, assistant manager of opposite party filed a counter affidavit denying the allegations made in the complaint and stating that the opposite party is doing finance business through its authorised dealers by providing loans to employees, individuals, firms against hire purchase, mortgage, etc. ..... this complaint was presented before this commission on 5.12.1992 under section 17(a)(1) of the consumer protection act, 1986 praying for a direction to the opposite party i.e. ..... 549/- each were dishonoured by the complainants bank, that nagarjuna finance limited, nagarjuna hills, hyderabad is the opposite partys collection agent, that on 11.3.1992 the opposite party served a letter on the complainant recalling the loan amount, that on receiving the said letter the complainant simply ..... 1,70,000/- for the mental agony and tension caused to the complainant due to arbitrary acts, harassment, cheating and breach of trust of the opposite party. 2. ..... branch manager (finance), citi bank n.a. ..... nagarjuna finances at punjagutta said to be the agents of the opposite party came to her house and asked her to come to their office alongwith the scooter, for verification of the chassis number, engine number, etc. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... paid by the op and pay the balance of the complainants, to withdraw the demand cum invoice dated 05.05.2012 as illegal, arbitrary and invalid, not to claim service tax unless proper invoices as per the finance act 1994 are issued, to pay rs.2,00,000/- to the complainants towards compensation for suffering and mental agony, not to collect any maintenance charges, infrastructure charges and other charges till possession of the apartment is given and ..... value of the goods referred to in section 17 of c p act in this case has to be taken as value of the amenities sought for and the compensation and not the sale consideration of ..... moreover, the plain language of section 3 of the consumer act makes it clear that the remedy available in that act is in addition to and not in derogation of the provisions of any other law for the time being in force in view of the said decision, once the party opts for remedy of arbitration it may be possible ..... in view of the section 17 of c.p act where the value of goods or services and compensation, if any claimed exceeds rs.20 lakhs but ..... act cannot be filed and thus by virtue of section 3 of c p act being additional remedy provided to the complainant the complainants can file the consumer complaint before this commission and thus the said objection of the opposite party does ..... to file a complaint in th first instance before he competent consumer forum, then he cannot be denied relief by invoking section 8 of the arbitration and conciliation act, 1996 act. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... approaches the civil court or any other forum, the period spent between the filing of the claim before the district forum and the disposal of the matter today by us will be excluded under section 14 of the limitation act, 1963 in the light of the decision of the honble supreme court in trai foods ltd vs national insurance company ltd and others reported in iii (2012) cpj 17 . ..... on 15.3.2003 by way of the amendment by the same amendment act, as it is nobody's case that the goods bought and used by the respondent herein and the services availed by the respondent were exclusively for the purpose of earning the respondent's livelihood by means of ..... on the one count that under section 2(1)(d)(i), the goods have been purchased for commercial purposes and on the second count that the services were hired or availed of ..... has come to conclusion that the respondent is consumer within the meaning of sec.2(1)(d) of c.p.act on the premise that the respondent purchased the vehicle availing loan from the appellant finance company. ..... the appellant-finance company resisted the claim on the premise that the respondent is bound by the terms ..... availing loan of rs.2,80,000/- from the appellant finance company. ..... was any deficiency in service on the part of the appellant finance company? ..... had categorically opined that the transaction is related to his business activity and therefore it will fall in category of commercial purpose which has been taken out of the purview of the consumer protection act, 1986. 14. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... and the exemption afforded to banking companies from the provisions contained in usurious loan act, 1918 u/s.21 a of banking regulation act, 1949 is not available to opposite party and the provisions contained in usurious loans act, 1918 mutatis mutandis applies to the finance business of the opposite party and the charging provisions contained in section 2 of the said act does not provide any exemption to loans issued by companies incorporated under the ..... the complainant for directing the opposite party to create a corpus for refunding the excess interest amount from the loanees including the complaint do not fall within the ambit of consumer protection act, 1986 and is one of public interest litigation and the complainant has no locus standi to represent others and submitted that they have never collected excess rate of interest than that ..... indian companies act, 1956 and there is no scope for applying the concept of cassus ommisus by granting an unwarranted ..... on 15-3-2003 by way of the amendment by the same amendment act, as it is nobodys case that the goods bought and used by the respondent herein and services availed by the respondent were exclusively for the purpose of .....
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