Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... this question stands covered by a recent decision of the madras high court in mala ravan and another v. k. ..... it was further observed that unless such a broad and pragmatic view is taken, the result that would follow is that even a case of gross negligence or deficiency in the performance of service leading to the death, the family of the deceased will be left without any remedy under the act for the redressal of their grievance arising out of the said deficiency. ..... it was observed that in the definition of expression consumer though there are no express words indicating that his legal representative is also included within its scope, it was only consistent with the object and scheme of the act and conducive for achievement and promotion of the legislative purpose underlying the statute to give extended meaning to the expression consumer defined in section (2)(1)(d) of the act so as to include legal representative of deceased consumer. ..... he question before the national commission was whether mother of the deceased was competent to file a complaint as consumer under the consumer protection act and the answer given by the national commission was in the affirmative. (2) m/s. ..... the application was rejected by the district forum on the ground that neither the procedure of civil court applied nor the consumer protection act contemplated production of any records nor could there by any question of drawing adverse inference incase of failure of party to produce the same. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... shiv kumar joshi reported in iii (1999) cpj 36 (sc)=x (1999) slt 395=2000 (1) scc 98, the honble supreme court has held as under the combined reading of the definitions of consumer and service under the act and looking at the aims and object for which the act was enacted, it is imperative that the words consumer and service as defined under the act should be construed to comprehend consumer and services of commercial and trade oriented nature only. ..... on delhi roads and nobody is safe as there are large number of death warrants moving on delhi roads in the shape of blue line buses and heavy vehicles upstarts, neo-rich and street urchins on the wheels of luxury vehicles particularly in the age group of school and college students we recommend to the government to invoke and amend provisions of section 10 of criminal law act by declaring offence under section 304a of ipc as non-bailable as was done in case of offences under section ..... and ndmc fall within the ambit of service as per provision of the consumer protection act, 1986 and whether or not the users of the civic services or any other services or functions performed by the statutory or public or civil authority are consumers because they have paid some house tax, road tax or any other tax including income tax directly or indirectly there is need to reproduce the definition of words service , and consumer as well as the word deficiency as provided by the consumer protection act, 1986. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... if a lessee raises unauthorised construction on a platform given to him by the respondent/dda for a specific use as laid down under the terms and conditions of perpetua lease hold rights executed between the lessee and the lessor/dda which executes the lease deed on behalf of the president of india (the highest authority of the land) it is obligatory on the part of dda to ensure compliance of such terms and conditions. ..... xiii) xxx xxx xxx xiv) xxx xxx xxx xv) xxx xxx xxx xvi) if the lease of the shop is obtained by misrepresentation, mis-statement or fraud or if, there is any breach of the conditions herein stated, lease will be forfeited and the possession of the shop will be taken over by the delhi development authority/lessor and the allottee will not be entitled to claim any compensation thereof. ..... it is also a case where one lessee who paid a small sum to dda has been favoured by overlooking his act of constructing a pucca shop (annexure e) in front of the complainants shop who paid a substantial price for purchasing a fully constructed shop. ..... in doing so he has not only caused deliberate obstruction to the business of the complainant but has lowered the value of the complainants property while increasing the value of his property manifold. ..... in 1990, it is alleged, that the owner of the platform installed shutters in the front and back of the platform and laid ceiling thereon; thus converted the platform into a shop. ..... 14 of the consumer protection act. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... aforesaid facts are sufficient to declare the quality of the vehicle defective when tested on the standards of word defect as defined by section 2(1)(f) of the consumer protection act, 1986 which 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 or under any contract, express or implied, or as is claimed by the trader in any manner whatsoever in relation to any goods. ..... (x) as per the provisions of section 13(1)(c) of the consumer protection act, it is only the consumer forum/commission who shall direct the appro-priate laboratory to make an analysis or test whichever may be necessary with a view to find out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its finding thereon to the forum/commission and under no set of circumstances the complainant has any right to seek opinion from any alleged expert of his ..... the vehicle is being used for commercial purposes, with the result the complainant cannot claim the status of a consumer under the act and is therefore, not entitled to any ..... the provisions of the consumer protection act enable a consumer to claim and empower the commission to redress any injustice ..... trader or manufacturer has to compensate the consumer adequately for having sold defective goods and for deficiency in service in terms of section 14 of the consumer protection act, 1986. 25. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... aforesaid circumstances of any case of hire purchase or loan agreement amount to deficiency in service, as defined by section 2(1)(g) of the consumer protection act, 1986 which means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. 31. ..... that the agency aforesaid was appointed vide collection agreement dated december 2004 and there are specific covenants whereby the agency, its officials, employees, personnel are bound to conduct themselves within the parameters of law and are obliged to not to commit, abet or permit the commission of any illegal act while working in the course of the agreement and in the event of any illegal act being committed or abetted, the collection agent shall alone be liable for all consequences thereof. 17. ..... merely because finance company or bank as per terms of the contract or for that purpose by virtue of any other provision of law say, sebi act, hire-purchase act or as a hypothecatee is entitled to terminate the agreement and re-possess the vehicle in case of non-payment of instalments does not mean that such a clause empowers the financer to take the law into his own hands by sending musclemen to the consumer and taking forcible possession of the vehicle like goons. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... at the same time we without issuing notice to the respondent feel inclined to waive off the interest awarded by the district forum as there was no such term of contract between the parties and section 14 of the act stipulates that the district forum shall award on amount as compensation as to the loss or injury suffered by a consumer due to the negligence of the o.p. ..... after lodging the complaint with police station ashok vihar the crime branch of delhi police and the police of ashok vihar police station investigated the matter and suspected the involvement of minimum 5-6 persons in the theft and certain footprints were noticed on the wall and further two persons were apprehended by the police who had admitted their involvement in the theft and some material was also recovered from them by the police. 5. ..... this clause also includes the loss to the property on account of hold up and rightly so as the force or violence is inherent in the act of holdup and it was for this reason that the acts of burglary or house breaking were defined as theft following upon an actual forcible violent entry of and/or exit from the premises. 15. ..... as regards the quantum of loss assessed and awarded by the district forum the counsel for the appellant contends that in the absence of books of accounts produced by the respondent and without producing any documentary, evidence as to the cost of material stolen, the amount awarded was imaginary and not on the factual aspect. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... shiv kumar joshi, iii (1999) cpj 36 (sc)=x (1999) slt 395=2000 (1) scc 98 : the combined reading of the definitions of consumer and service under the act and looking at the aims and object for which the act was enacted, it is imperative that the words consumer and service as defined under the act should be construed to comprehend consumer and services of commercial and trade oriented nature only. ..... and shall be visited with heavy punitive damages and may be that the ceos or the officers of the organisation may suffer the consequences arising from the provisions of section 27 of the consumer protection act, 1986, prescribing minimum sentence of one months imprisonment or fine or with both. ..... a very huge quantity of high raised iron grills were being removed from the boundary walls of talkatora garden/park for months together under their very nose and whenever the complainants in this case brought to the notice of the chairman and other functionaries of ndmc, they turned blind eye as if the staff of ndmc was a party to this unauthorised act and connived with these elements so as to give pecuniary benefits to them and also to themselves by constructing a fresh boundary wall .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... as regards the liability of the appellant and its act of deficiency in service the relevant facts are that the appellant has dishonoured the cheque twice and has debited the account of the respondent twice inspite of the fact that the respondent had issued the cheque for the correct amount of the bill namely ..... further in the procedural guidelines of mechanized cheque processing micr technology regarding the reconciliation of clearing difference rule 5.18 clearly states that in case of a cheque listed for a value higher than the actual amount of the cheque the branch may debit the drawees account for the actual amount of the instrument, if it is otherwise in order and the excess should be reported to the service branch for onward follow up with the bank/branch concerned, after verifying the position from the cheque processing centres. ..... however, in refutation the counsel for the appellant contends that there was no question of any deficiency on the part of the appellant because the appellant has not refused the payment of the cheque and has only informed the presenting bank to claim the correct amount and the exercise was done twice and if at all there is any liability it is that of the bank of america which did not claim the correct amount. ..... 50 more and as a result thereof the appellant informed the bank of america to claim the correct amount of the cheque and on its representation the bank of america presented the cheque again with the appellant bank claiming extra amount of rs. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... the relevant facts for the disposal of the present appeal, in brief, are that the appellant had filed a complaint under section 12 of the consumer protection act, 1986 (hereinafter referred to as the act), before the district forum, averring that the appellant had been sanctioned a new connection k. no. ..... on due consideration of the rival contentions of the parties it is evident that there has been delay in energizing the electric connection at the residence of the appellant and even though the ground floor of the same was already electrified, the fact remains that the first floor could not be utilized for want of electricity. ..... in its reply/written version filed before the district forum was that there was shortage of meters in the stores of the respondent during the period june, 1995 to september, 1995 and only defective meters were being replaced, therefore, despite requisition no meter was provided on 28.6.1995 for the connection sanctioned in favour of the appellant, and it was only on 16.9.1995 that a meter was issued and immediately on 20.9.1995 the same was installed at the premises of the appellant. ..... the appellant has contended that he was deprived of the benefit of using the first floor of his premises for a period of about three months on account of the neglect on the part of the respondent, in energizing the electric connection on 20.9.1995, whereas the same was duly sanctioned on 16.6.1995, itself. .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... , after run of only 1413 kilometres, the vehicle was taken to the workshop on 11.9.1999 as the ac was not working and the car was consuming more engine oil. ..... these circumstances the district forum was right in holding that the vehicle manufactured by the appellant had manufacturing defects and accordingly ordered for the replacement of the engine and not the vehicle. ..... he has spent his hard earned money in the purchase of the vehicle and if it had to be taken to the workshop so often, it must have caused immense mental agony to respondent ..... was further stated that the defects alleged in the complaint are operational in nature and the same could not be termed as manufacturing defects it is also stated by the appellant that respondent no. ..... the appeal is pressed mainly on the ground that the vehicle was not suffering from any manufacturing defects and due to running of the vehicle the problems occurred as normal wear and ..... the district forum considering the history of the vehicle and the various defects pointed out by the respondent ..... drove the vehicle carelessly, negligently and bending of the wheel rim proves the careless and negligent driving of the vehicle. ..... according to the respondent none of the defects were rectified and the vehicle was taken to the workshop on 15.5.2000, 12.6.2000 and 7.12. ..... 1 and mentioned in the job card found that there were manufacturing defects in car engine and hence directed the appellant to replace the engine with a new engine and also pay compensation of .....
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