Court : National Consumer Disputes Redressal Commission NCDRC
..... the reports submitted by a reputed technical institute, like the national institute of technology, karnataka and also the remarks recorded by the technical personnel of the petitioner from time to time, make it very clear that the vehicle was a defective ..... stated that as per the report and statements given by the experts from national institute of technology, karnataka, the vehicle suffered from manufacturing defects. ..... referring to the report of national institute of technology, karnataka, learned counsel stated that the said institute was not a recognised institute to give any opinion in ..... the definition of defect has been given in the consumer protection act, 1986 itself as per section 2(1)(f) as follows:- "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force under any contract, express or implied or as is claimed ..... both these appeals were directed against the order dated 03.05.2007 passed by district consumer disputes redressal forum, mangalore, vide which the petitioners/ops were directed to replace the defective car sold to complainant/respondent no.1 and also to pay compensation of rs.17,000/-. ..... in the present case, the district forum rightly ordered on 03.05.2007 that the ops should replace the vehicle with a new car alongwith a fresh warranty and also give rs.17,000/- as compensation and ..... 1200/2007, maruti udyog ..... 1227/2007, mandovi motors .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... 2011 (3) scale 654 has observed ; also, it is to be noted that the revisional powers of the national commission are derived from section 21 (b) of the act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same ..... of fees, refund and forfeiture of fees:- (a) if a candidate, who is offered admission, accepts the offer by remitting the above fees but fails to report at the institute on the date specified above, he/ she will forfeit rs.11,000/- which is 20% of total fees (admission and one semester fee) and his/ her admission will automatically stand cancelled ..... the opposite party/appellants in its written reply in clear-cut terms stated that the complainant had been allotted, one of its centres at bitsat centre, c/o university institute of engineering and technology, south campus, cad lab, punjab university, sector 25, chandigarh?. ..... respondent told the counseling committee that he is not interested in admission in the petitioners institute because, he has to attend counseling at pec, university of technology on 31.7.2009. ..... respondent got admission in pec, university of technology and asked for refund of the advance ..... symbiosis institute of international business, i (2009) cpj 3 (nc), wherein it has been categorically held that the institutions are not entitled to retain the entire fees and if at all they can deduct some amount that is not more than rs.1000/- and the balance should .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... suresh prasad sinha, iv (2009) cpj 34 (sc)=vii (2009) slt 109=air 2010 sc 93, it was held that according to the definition of consumer in section 2(d) of the act, a person who hires or avails of any services for a consideration, is a consumer. ..... psg industrial institute, ii (1995) cpj 1 (sc)=(1995) 3 scc 583, by the honble apex court as under: the national commission appears to have been taking a consistent view that where a person purchases goods with a view to using such goods for carrying on any activity on a large scale for the purpose of earning profit? ..... would not yet take the purchaser out of the definition of expression of expression consumer1. ..... is not a very precise expression - parliament stepped in and added the explanation to section 2(d)(1) by ordinance/ amendment act, 1993. ..... in other case, the apex court in birla technologies ltd.v. ..... , he will not be a consumer, within the meaning of section 2 (d) (i) of the act. ..... however, he failed to establish that petitioner is a consumer as per explanation appended to section 2 (d) of the consumer protection act. 6. ..... a consumer is entitled to file a complaint under the act if there is any deficiency in service provided or rendered by the service-provider. 7. ..... is a company registered under the companies act 1956 and transacts the following business: (i)to manufacture, produce, refine, buy, sell, export, import or otherwise deal in all types of tapioca and maize starch, sago, glucose, dextrine, glues, dextrose and all kinds of tapioca .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... 2011 (3) scale 654 has observed ; also, it is to be noted that the revisional powers of the national commission are derived from section 21 (b) of the act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same be set ..... thus, no jurisdiction or legal error has been shown to us to call for interference in the exercise of power under section 21 (b) of the act, since two fora below have given cogent reasons in their order, which does not call for any interference nor they suffer from any infirmity or revisional exercise of jurisdiction ..... affirming the order of district forum, in its impugned order has observed ; 7.we have examined the one time approval dated 19.02.2007 granted by the aicte in respect of the technical courses mentioned therein which include the b.tech and m.tech biotechnology courses. ..... to protect the interest of students supreme court ordered as under:- in order to protect the interest of the students, who may be actually studying in the institutions established by such private universities, it is directed that the state government may take appropriate measures to have such institutions affiliated to the already existing state universities in chhattisgarh. ..... the appellants are definitely guilty of unfair trade practice as well within the ambit of sub-section (1) (r) of section 2 of the consumer protection act, 1986. 9 ..... bio-technology) ..... information and technology) 6. .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... in favour of the petitioner, but it was returned unpaid and accordingly, the petitioners had filed complaint against them under section 138 of the negotiable instruments act, and also fileed civil case against them for the recovery of their money. ..... ram simar institute of fashion technology, janta colony, bhogpur, in affiliation with the present petitioners and usha sewing school ..... gupta, member this revision petition has been filed under section 21(b) of the consumer protection act, 1986 against the impugned order dated 07.03.2008, passed by the punjab state consumer disputes redressal commission (for short the state commission) in fa ..... is also stated in clear terms that the said money was handed over for starting a commercial activity and hence, the complainant does not fall within the definition of consumer in the strict sense of term. 6. ..... the district forum vide their order dated 14.03.2007, allowed the said consumer complaint and directed the petitioners to return the amount of rs.51,032/- alongwith interest @ 9% ..... sought a direction to the petitioner/op to pay an amount of rs.5 lakh as compensation for deficiency in service, negligence and unfair trade practice on his part due to non-affiliation/approval of sewing school/institution. ..... 615/2007, vide which, while dismissing the appeal, the order dated 14.03.2007 passed by the district consumer disputes redressal forum, jalandhar, allowing the consumer complaint number 135/2005, filed by the present respondent simar kaur was upheld. .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... state commission, relying upon the definition of consumer given in section 2(1)(d) of the consumer protection act and the judgment of the supreme court inbirlatechnologies ltd. v. ..... appellants, if so advised, would be at liberty to seek relief from any other forum along with an application under section 14 of the indian limitation act for condoning the delay for the time spent before the consumer fora, keeping in mind the observations made by the supreme court inlaxmiengineering works v. ..... ) cpj 1 (sc)=ix (2010) slt 396=2011 (1) cpr 1 (sc) held that since the appellant had availed of the services of the respondent for a commercial purpose, complaint filed by it was not maintainable as he did not fall within the definition of the word consumer in section 2(1)(d) of the consumer protection act. 2. ..... supreme court inbirlatechnologiescase(supra)has held as under : in view of the findings of the national commission that the goods sold by the appellant to the respondent/complainant amounted to goods and that such goods were purchased for commercial purpose of earning more profits, there could be no dispute that even the ..... psg industrial institute, ii (1995) cpj 1 (sc)=(1995) 3 scc 583. ..... offer was made to the appellant on 19.4.2007 and the appellant started its commercial production after completing all the formalities. ..... occupation certificate was issued by respondent no.2 on 12.4.2007. ..... appellant completed the building and started commercial production on 17.4.2007. .....
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