Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... district forum, we cannot take the complaint as encyclopedia. it is also true, that the pleadings are not strictly, to be construed in a cases coming under the consumer protection act, and there may be some relaxation, but not complete ignorance, or going against the pleadings, while letting evidence, or while giving findings, which is done in this case ..... negligence or deficiency in service, against the 2nd opposite party. the prayer reads pass an award for a sum of rs.4,50,000/-, towards the loss of life because of the wrong operation by unqualified doctor and a sum of rs.25000/- towards the mental agony and a sum of rs.5000/- towards cost of this petition ..... filed a complaint before the district forum against the opposite parties praying for the direction to the opposite parties to pay rs.4,50,000/- towards the loss of life, alongwith compensation rs.25000/- and cost of rs.5000/-. the district forum allowed the complaint. against the said order, this appeal is preferred praying to set aside .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... lordships have gone to the extent that even if the doctors are rendering services free of charge to the patients in the government hospitals, the provisions of the consumer protection act will apply since the expenses of running the said hospitals are met by appropriation from the consolidated fund which is raised from the taxes paid by the tax payers ..... is negligence and deficiency in service on the part of the opposite parties and has allowed the complaint and has awarded compensation of rs.5 lac towards loss of life, mental agony, physical stress-strain, etc. the deceased was studying in school and was aged 14 at the time of his death. having regard to the facts ..... opposite parties, and hence the complaint praying for direction to the opposite parties to pay a sum of rs.5 lac towards compensation for the loss of his sons life, mental agony, stress and strain suffered by the complainant. 4. according to the opposite parties, as stated in the version filed by the 1st and 2nd opposite party .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... person making the offer. (3) i (2010) cpj page 137 national consumer disputes redressal commission, new delhi, in which it was held as follows :- consumer protection act, 1986 section 21 life insurance concluded contract policy underwritten and dispatched after death of proposer, without knowledge of death acceptance of proposal never communicated during lifetime of proposer could not be communicated ..... counsel for the appellant also relied upon the following rules (1) 1984 acj 345 (2) national consumer disputes redressal commission, revision petition no.1040/2004, 1. life insurance corpn.of india thru.mr.sp.tanwar, a.s. shillong branch office, rev.j.j.m.nichols roy road, dhankheti, shillong 793 002. 2 ..... . life insurance corpn. of india, thru.mr.s.p.tanwar, a.s. northern zonal office, jeevan bharti, connaught circus, . petitioners new delhi 110 001, vs shri radhey shyam .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... the complainant had been accepted, admitted, then there was any violation, amounting to deficiency, then the case will come within the jurisdiction of the consumer protection act, under the captioned deficiency in service not otherwise. as per the records produced before us, the complainant had only ordinary savings bank account and it is ..... account, having zero balance, but the opposite party had opened an ordinary savings bank account, thereby committed negligent act, as well as deficiency in service though the complainant was an agent of bajaj alliance life insurance company. the opposite party having opened an ordinary account by deceitful means, deducted the amount, for not ..... hand, the complainant would contend that he should have been construed as an employee of allianz bajaji life insurance corporation and in aid he drew our attention to ex.a4. as seen from ex.a4, allianz bajaji life insurance corporation has issued a letter to the manager, icici bank, madurai, requesting them to .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... thereby causing mental agony or physical strain etc., are all the fertile imagination of the senior citizen, for which, no remedy is available, under the consumer protection act, 1986, which was properly analyzed and correct decision has been rendered, in which, there is no error, warranting our interference. 8. in the result, ..... delayed, for want of life certificate which must be incorrect, since the life certificate of the complainant, has already been sent to indian overseas bank, valmiki nagar branch, chennai-41. the opposite parties did not perform their part of duties, which amounts to deficiency in service as contemplated under consumer protection act, 1986, for which ..... of rs.95,000/-. 3. the opposite parties denying the allegations leveled in the complaint, would contend that the delay was due to non submission of life certificate, when received, paid forthwith, which was received by the complainant also, through bank. this being the position, accusing the opposite parties as if .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... to compensation in this complaint. we have to note that claim under the consumer protection act is in addition to the provisions of any other law as contemplated under sec 3 of the consumer protection act which reads as follows: the provisions of this act shall be in addition to and not in derogation of the provisions of any ..... the evidence in entirety, we find that it is clearly established that there is negligence and deficiency in service on the part of the opposite parties in not acting with reasonable care and seriousness, which resulted in the death of the patient. 10. the opposite parties would further contend that since reasonable compensation is already awarded ..... became restless before his death. 9. all these indicate the lack of medical care and negligence on the part of the opposite parties and had the opposite parties acted with reasonable care, and more diligence, the patient would not have died. we feel that in the facts and circumstances of the case, the opposite parties .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... and rs.10,00,000/- towards mental agony, loss of consortium and parental love and affection are all concerned since the complaint is filed under the consumer protection act, 1986 we cannot grant those amounts like civil court except to grant compensation for the negligence and deficiency of service. the patient was in the hospital for ..... loss of income and to pay rs.25,000/- towards costs.) a.k. annamalai, presiding judicial member complaint filed under section 12 and 17 of the consumer protection act 1986. 2. the complainant claiming directions for the payment of rs.3,00,000/- towards the medical expenses and for rs.10,00,000/- towards compensation for ..... and not having any defect in the function of renal and thereby the 1st complainant lost their bred winner husband and affection of marital life of the complainants future prospectus of the life, filed this consumer complaint claiming the reliefs as above. 4. the opposite party filed their written version by denying the allegations of the .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... they were used by others and thereby the alleged defects to be established. the complainant failed to prove the relationship of consumer and service provider under the consumer protection act. the opposite party has stated that they are not the manufacturer of the goods alleged but only distributors of the condoms manufactured by ttk lig and the ..... for opposite party proof affidavit along with the documents exhibits b1 to b7 are marked. 4. points for determination are :- 1) whether the complaint is a consumer under consumer protection act ? 2) whether there is any defective sale of product by the opposite party and thereby any direction in this regard to be given ? 3) to what relief ? ..... exhibited by him by or under any law for the time being in force ; (d) agreed between the parties ; (v) goods which will be hazardous to life and safety when used are being offered for sale to the public (a) in contravention of any standards relating to safety of such goods as required to be complied .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... disputed that discovery of fungal formation by a vigilant person would cause mental agony. for the award of compensation, the complainant should prove injury within the meaning of the consumer protection act 1986. the bottling of various beverages under diverse trade marks is directly carried out in sophisticated and modern bottling plants which ensure a very high standard of hygiene and cleanliness ..... now no reply or response is forthcoming from the opposite party. the opposite party committed deficiency of service by marketing and selling defective and adulterated drink endangering the health and life of the public similar the complainant. the complainant is producing the pepsi mountain dew bottle with a foreign matter/object floating inside to the court along with the complaint. hence .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... denied. complaint is barred by limitation and the reply notice dated 30.5.2000 was issued and the claim is badly barred by limitation under section 24 a of consumer protection act and the opposite parties are entitled for exemplary cost by dismissing the complaint. 5. on the basis of both sides materials and after an enquiry the complaint was dismissed by ..... ., from the month of april 1999, the plywood used have become waste due to termite bites and invasion and shrinkage contrary to the opposite parties guarantee and quality for long life. it became as unbearable misery, mental agony and after contacting the 2nd opposite party through complainants husband, the 1st opposite party sent his marketing executive vijayakumar for inspection and arranged .....
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