Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... per kilogram for registered baggage in the event of the luggage being lost during transit as per provisions of the indian airlines non-international carriage (passengers and baggage) regulation 1980, (henceforth to be referred as the regulation). ..... entirely conceded to as the complainant has not put in a declaration of interest and paid a supplimentary sum at the time of handing over the suit-case to the carrier in terms of the provisions of clause 22(2)(a) of the second schedule of the carriage by air act 1972. ..... opposite party in its written statement contends that the present case is not a consumer dispute in terms of the provisions of consumer protection act 1986, and, in any case, the liability of the corporation shall be limited to a sum of rs. ..... is undoubtedly a consumer in terms of section 2(d)(ii), and the carriage of passenger and goods by air offered by the opposite party is surely a service of transport in terms of section 2(o) of the consumer protection act. 4. ..... however, the complainant at that stage spoke of personnel effects inside the suit-case, and it is very difficult to dispute that the complainant who was a traveller did not have some belongings in the suit ..... nevertheless the complainant at a later stage has given a list of materials which fall under the category of personal effects, and the opposite party has not totally denied the ..... circumstances the hands of the redressal commissions are not bound tight in view of section 3 of the consumer protection act. .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... the first flush we thought of referring the parties to the civil court, but what prevented us is the spirit and law under the new enactment the consumer protection act, 1986 which seeks to provide for better protection of the interest of the consumers, and speedy and simple redressal to consumer disputes. ..... the bank has realised interest on the loan "service under section 2(o) of the act has been defined to include amongst others the provision of facilities in connection with ..... the question that falls for determination now is whether the opposite party acted with delay and deficiency in issuing the release letter to the dto/ rta, dibrugarh relinquishing the hypothecation charges of the vehicles, and if so, whether the complainant is entitled ..... , we have kept in view the provisions of section 14(1)(d) of the act in adjudicating the present cases. 11. ..... at this stage it is pertinent to refer to our order dated 2.2.91 whereby we directed he opposite parties to write to the rta, dibrugarh for releasing the vehicles from hypothecation within 7 days of ..... at this stage it may be mentioned that the commission has adopted the principle that the statements made in the petitions and counters if supported by an affidavit will be treated as part of the deposition ..... and vexatious, suppression of material facts, mala fide intention, non-disclosure of cause of action, non-joinder and mis-joinder of necessary parties and lack of jurisdiction to invoke the provisions of the consumers protection act, 1986. .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... we therefore hold that the complainant is a consumer in terms of section 2(d)(ii) of the act, and accordingly we reject the second objection. ..... at this stage we do not propose to enter into the merits of the written correspondences which are subject to evidentiary value, but we take note of the opposite parties' own admission about the receipt of the letter on 22.10.90 ..... under section 2(d)(ii) of the act there is no bar of commercial purpose as regards service even though the vehicle is purchased for commercial purpose ..... we are inclined to accept the contention of the complainant that the right to sue for the issuance of the release certificate subsists which excludes the application of articles 113 and 137 of the limitation act, in the present case. ..... maintainability of the complaint, firstly, the claim is barred by limitation, and secondly as the transaction between the petitioner and the opposite party is of commercial purpose, the complainant is not a consumer in terms of section 2(d) of the consumer protection act, 1986 (henceforth to be described as the act in brevity). 2. ..... but the complaint has been filed as late as 10.7.92, and as such the claim is barred by limitation under articles 113 and 137 of the schedule in the limitation act, 1963. ..... more viable which admission itself established that the complainant purchased the truck for commercial purpose, and as such the complainant is not a consumer within the defimtion of consumer as defined under section 2(d)(i) of the act. mr. .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... but that of course was with regard to the lic policy on the life and section 45 of the insurance act where it was pointed put that if there his no nexus with the cause for the claim, non-disclosure of the same shall not be a suppression of material fact. ..... no doubt that was with regard to the section 45 of the insurance act, 1938. .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
baruah, president: 1. this appeal is directed against the judgment and order dated 27.6.95 passed by the district consumer disputes redressal forum, nagaon in c.p. case no. 21/95. 2. the case of the appellant is that he is a dealer in clothes at dhing. he had a shop which was insured with the national insurance company ltd. for rs. 1 lakh. according to the appellant a fire broke out on 26.5.93 by which articles lying in the shop and godown of the appellant were completely gutted. the shop was insured for the period from 1.3.93 to 28.2.94. fire broke out on 26.5.93 when the insurance policy was in force. as per the terms of the policy the claimant claimed rs. 1 lakh though the value of the articles, according to him, was much more. immediately after the fire the claimant informed the insurance company and a surveyor was sent by the insurance company. the surveyor in due course submitted report on 10.1.94. the surveyor assessed the loss at rs. 90,000/- of the stock-in-trade. however, the insurance company allowed a sum of rs. 69,000/- which was, however, refused. a complaint case was filed. the district forum rejected the claim on the ground that there was a dispute regarding the amount which the appellant was entitled. hence the present appeal. 3. we have heard mr. d. choudhury, learned counsel for the appellant and mr. a. roy, learned counsel appearing on behalf of the respondents. 4. mr. choudhury submits that the insurance was in force when the fire broke out and when the .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... parties, namely, unit trust of india, by letter dated 28.12.1992 addressed to the secretary of this commission replied to the notices issued by the commission, which we shall deal at the appropriate stage. 2. .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... we find that no lapse or negligent act on the part of the opposite party in dealing with the matter. .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... the opposite party in their written objection has stated that although there was no settlement of the amount between the petitioner and opposite party, yet at one stage the opposite party believing upon the settlement available decided to sanction 75% of the claim amount as full and final. ..... the amount of 75% of the (settlement available) was decided to be paid by the respondents at one stage. ..... 1,12,125/- only being 75% at the first stage. .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... this appeal is under section 15 of the consumer protection act, 1986 against the judgment and order of the district forum, dibrugarh in c.p. ..... the district forum was of the view that in view of the allegations and counter allegations it will require a thorough investigation and as such the petition was not maintainable before the district forum at the above stage of investigation. 4. .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... therefore, reading the long title and section 13 of the act, we have no hesitation in holding that the jurisdiction of the claims tribunal is confined in respect of death, injury etc. ..... section 82a of the railways act is regarding compensation payable as a result of accident. ..... the long title of the act inter alia, provides for establishment of railways claims tribunal for enquiring into the matter and determining the claims against the railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods ..... anan prasad singha, i (1991) cpj 10 (nc) held that passengers travelling by train on payment of the stipulated fare charged for the tickets are consumers under act of 1986 and that the facilities of transportation by railway administration is a service rendered for consideration and as defined in the consumer protection act, 1986. 8. ..... section 13 of the act lays down jurisdiction, power and authority of a claims tribunal and for the present purpose sub-clause (ii) of clause (a) of sub-section (1) is relevant. ..... the main question that has been raised is that the petition is not maintainable in view of the claims tribunal constituted under the railways claims tribunal act, 1987 (in short the act). 4. ..... let us first consider whether the present petition is maintainable in view of the provisions of the act. .....
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