Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. In this appeal filed against judgment dated 22.8.2003 passed in Complaint Case No. 970 of 2002 by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh [for short hereinafter referred to as the District Forum], the sole contention of the learned Counsel for the appellant is that the driver of the offending vehicle namely Ms. Harpreet Bath was not holding a valid driving licence for driving Tata Safari bearing temporary registration No. HR-01J-7848-Y. It has not been disputed that the aforesaid vehicle was insured by the appellant-National Insurance Company Limited [for short hereinafter referred to as the Insurance Company] vide policy/cover No. 652846. The period covered by the said policy was w.e.f. 11.4.2001 to 10.4.2002. The aforesaid vehicle met with an accident on 6.5.2001 at 8.30 p.m. at Chandigarh and it was totally smashed and was beyond repairs. A claim was lodged under the policy of insurance. A Surveyor was appointed by the appellant ...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. Heard learned Counsel for the appellant and perused the impugned order dated 2.12.2003 passed by the District Consumer Disputes Redressal Forum-I (for short hereinafter referred to as the District Forum) in Complaint Case No. 426 of 2003. 2. The appellant applied for transfer of the electric meter installed in House No. 16, Village Buterla, Sector 41-B, Chandigarh from his father Shri Balwant Singh-respondent No. 5 vide letter dated 16.12.2001, the said application for transfer was taken up for consideration by respondent Nos. 1 to 4, the Electricity Supply Department of U.T., Chandigarh. The father of the appellant namely Sh. Balwant Singh who has been impleaded as respondent No. 5 in this appeal filed his affidavit before the respondent Nos. 1 to 4 wherein he disputed the claim of the appellant regarding the said house by describing the Sale-Deed as a forged Sale-Deed and alleging that he had not transferred his house to his son, the appellant. He also ...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. Heard Mr. Hari Om Sharma, Advocate, learned Counsel for the appellant who placed on record photocopies of Annexures P4 to P-9/A and perused the impugned order dated 13.11.2003 passed by District Consumer Disputes Redressal Forum-I (for short hereinafter referred to as the District Forum) in Complaint Case No. 792 of 2003, dismissing the complaint for lack of territorial jurisdiction. 2. It is not disputed that the appellant sought admission in the respondent-The Marine Officers Training Academy (for short hereinafter referred to as the Academy) and deposited the fees vide photocopies Annexures P4, P5 and P6. Annexure P-7 is the copy of letter to the respondent - Academy dated 13th December 2002 regarding the request of the refund of the fees, sought by the appellant. Annexure P-8 is also the letter of the Director of the Academy and P-9 is the photocopy of letter dated 2.8.2003 of the respondent-Academy requesting that the appellant may wait for the refun...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. This order will dispose of two appeals bearing Nos. 558 and 687 both of 2003 filed against order dated 26.9.2003 passed in Complaint Case No. 885 of 2000 by District Consumer Disputes Redressal Forum-II [for short hereinafter referred to as the District Forum] which is being passed in Appeal No. 687 of 2003 filed by the O.P.-Punjab Small Industries and Export Corporation Ltd. 2. The complaint was filed by Lt. Col. (Retd.) T.S. Bakshi, General Attorney of his son Shri Pradeep Singh Bakshi. The opposite party of the complaint case Punjab Small Industries and Export Corporation Ltd. (for short hereinafter referred to as the P.S.I.E.C.) advertised for auction of commercial sites on 17.7.1997. The appellant/complainant Lt. Col. T.S. Bakshi (Retd.) participated in the auction aforesaid on behalf of his son Shri Pradeep Singh Bakshi in his capacity as General Power of Attorney holder and made a bid for Site No. 30, Phase VII, Mohali, which was eventually conclud...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. Feeling aggrieved against order dated 1.8.2003 passed by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No. 7 of 2001, the complainant has filed this appeal. The appellant got his goods (hand-made Terracotta, designer pots with Melamine finish insured from the respondents-United India Insurance Company Limited (for short hereinafter referred to as the Insurance Company) against Cover Note No. 134021 dated 14.12.1999. Subsequently Marine Cargo Policy No. 110200/21/1/03/99 dated 24.12.1999 was issued insuring the goods valued at US $ 24541. The amount insured under the policy was of a sum of Rs. 12 lacs. The premium of a sum of Rs. 5,310/- was duly paid by the appellant. The policy contained additional clauses namely ICC a All Risk + SRRC/War and with special condition and warranties of excess clause of 5% of claim amount, CIF + 10% warehouse to warehouse. These...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. This is an appeal filed against order dated 1.9.2003 passed by the District Consumer Disputes Redressal Forum-II, U.T. Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No. 377 of 2002, Smt. Shakuntala Kumari Sahni v. Life Insurance Corporation of India and Another. 2. The deceased husband of the appellant/complainant namely Lt. Col. O.P. Sahni (Retd.) had taken two insurance policies on his life. One of the policy bears No. 161802173 dated 23.11.1998 under which the sum assured is Rs. 50,000/- and in case of accidental death at Rs. 50,000/-; the bonus of one year is Rs. 3,400/-; total Rs. 1,03,400/-. The second policy bears No. 162494378 dated 23.3.2000 where under the sum assured was Rs. 50,000/-. The total of the two policies taken by Lt. Col. O.P. Sahni (Retd.) was of a sum of Rs. 1,53,400/-. In both the policies, the deceased Lt. Col. O.P. Sahni (Retd.) nominated his wife Smt. Shakuntala Kumari Sahni as his nomine...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. We have heard Mr. R.S. Thakur, authorised agent of the appellant Smt. Beena Thakur and have perused the impugned order dated 17.11.2003 passed by District Consumer Disputes Redressal Forum-II [for short hereinafter referred to as the District Forum] in Complaint Case No. 816 of 2002. 2. The District Forum partly allowed the complaint and awarded interest on the amount of the Fixed Deposit Receipt (for short hereinafter referred to as FDR) for a period of one month and eighteen days w.e.f. 24.7.2001 to 11.9.2001 when the payment was actually made and also awarded compensation of a sum of Rs. 500/- besides litigation costs of Rs. 500/-. 3. Mr. R.S. Thakur, authorised agent of the appellant contended that the District Forum committed an error in not awarding interest on the amount of the FDR from the date of maturity till 24.7.2001 when she presented the FDR to the respondent-Bank for encashment. The District Forum found that the plea of the respondent Bank ...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. After hearing Mr. P.K. Kukreja, Advocate for the appellant/complainant and going through the impugned order dated 1.9.2003 passed by District Consumer Disputes Redressal Forum-II [for short hereinafter referred to as the District Forum] in Complaint Case No. 174 of 2001 and also on going through the record of the complaint case, we find that this appeal lacks merit and the District Forum has rightly relegated the appellant/complainant to her remedy of approaching the Civil Court for redressal of her grievances. The reasons for our order may briefly be stated as under: 2. The District Forum has found that the Hire Purchase Agreement, about which, there is a pleading in Para 4 of the complaint, is signed by the appellant/complainant and the same is a blank Hire Purchase Agreement. A perusal of Annexure R-1 will go to show that all the columns, which were to be duly filled by the parties to the Hire Purchase Agreement, have been left bank. Even the amount of...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
K.K. Srivastava, President: 1. This is an appeal filed against order dated 5.9.2003 passed by District Consumer Disputes Redressal Forum-II (for short hereinafter referred to as the District Forum) in Complaint Case No. 48 of 2002, Devinder Kumar Gupta v. National Insurance Company Ltd. 2. Maruti Omni Van bearing No. CH-03-6675 belonged to the respondent/complainant Shri Devinder Kumar Gupta and the same was duly insured with the appellant - National Insurance Company Limited (for short hereinafter referred to as the Insurance Company) vide policy No. 1575630 under which the period of risk was from 29.8.2000 to 28.8.2001. The said Maruti Omni Van met with an accident on 7.4.2001 near Ajitwal, District Moga in the State of Punjab and was damaged to the considerable extent. A claim was filed by the respondent/complainant with the appellant/O.P. Insurance Company under the terms and conditions of the policy of insurance but the same was repudiated on the ground that the driver of the vehi...
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