IV (2009) CPJ 455

Agreement — Cancellation of — Construction delayed — Possession of shop or refund claimed by complainant — Refund accepted in full and final settlement — Complainant estopped from enforcing agreement — Interest awarded for deficiency in service.

IV (2009) CPJ 258

Agriculture — Compensation — Quantum — Production would have been 36 quintals not proved — Loss amount calculated at Rs. 18,000 for 3 acres awarded — Order modified accordingly.

IV (2009) CPJ 258

— Defective seeds — Crop loss suffered — Germination of seeds took place — Non-fruition of crop due to inferior quality of seed proved — Relief entitled.

IV (2009) CPJ 477

— Subsidy benefits not passed on purchase — Periodical checking of complainant’s farm not done as per assurance given — Refund of subsidy amount with compensation and cost awarded.

IV (2009) CPJ 198

Airlines — Compensation — Quantum — Emigation clearance not obtained — Ticket cancelled — Journey performed one day later — Compensation awarded in proportion to inconvenience suffered — Upheld in appeal.

IV (2009) CPJ 196

— Emigration clearance not obtained despite deposit of amount — Ticket cancelled — Duty of OP to see endorsement of emigration clearance — Negligence in not obtaining emigration clearance and visa, well in time proved — Relief entitled.

IV (2009) CPJ 40 (SC)

Amendment — Applicability — Cause of action arose prior to amendment — Amended section not applicable.

IV (2009) CPJ 83

Auction — Motor Vehicle — Non-issuance of documents — Complainant could not ply vehicle — OP negligent, liable to pay value of vehicle with interest — Damages and costs awarded.

IV (2009) CPJ 3 (SC)

— Vehicle auctioned — Relevant papers given after 6 years — Complainant could not ply vehicle — Deficiency in service proved — Compensation enhanced in appeal.

IV (2009) CPJ 230

Banking and Financial Institution Services — ATM — Non-functioning of — Money could not be withdrawn in foreign country — No effort made by to clear difficult situation faced by complainant — Hardship suffered in foreign country without money — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 220 (NC)

— Cheque — Signatures forged — Encashed — Complainant himself negligent — Instructions given in cheque book not followed — No negligence on part of bank proved — No relief entitled.

IV (2009) CPJ 74

— Cash credit limit — Cheques exceeding limits issued — Stoppage of payment against unutilized cheques informed to bank — Payment against one cheque made by bank — Complainant’s consent taken on phone not proved — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 203 (NC)

— Credit card — Insurance provided — Liability denied due to non-payment of dues — No relief entitled.

IV (2009) CPJ 220

— FDR — Joint account — Non-refund of — Death certificate of deceased mother brought on record — amount lying in joint name of respondent — Bank legally bound to make payment to joint account holder — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 181

— FDR — Non-refund of — Amount deposited by complainant proved — Burden to prove that Secretary misappropriated amount, on appellant — Appellant vicariously liable for misappropriation — Complaint maintainable — Relief entitled.

IV (2009) CPJ 441

— Fixed deposits — Proceeds not deposited as per directions given — Bank cannot take shelter of instructions printed on lower portion of receipt — Instructions given by complainant could never be avoided by bank — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 130

— Hire Purchase Agreement — Vehicle illegally seized — Payment of instalments defaulted — No notice issued prior to seizure of vehicle — Seizure and selling of vehicle illegal — Relief entitled.

IV (2009) CPJ 495

— Interest on loan — Should be charged from date of issue of cheque for loan amount, not from earlier date — Refund of excess amount charged with interest directed.

IV (2009) CPJ 503

— Loan suspended — Formalities completed by complainant — No need for demanding affidavit of lessor — Suspension of loan unjustified — Deficiency in service proved — Compensation and cost awarded.

IV (2009) CPJ 285

— Titled deed lost — Deposited in bank as security against loan — Certified copy could not be equated to original deed — Inconvenience suffered by complainant in selling property for want of original documents — Relief entitled.

IV (2009) CPJ 225 (NC)

Certified Copy not Furnished — Judgment could not be traced out in spite of sincere efforts made — OPs not custodian of file, not deficient in service — No relief entitled.

IV (2009) CPJ 190

Chit Fund — Prize money — Payment delayed — Rejection of complainants surety unjustified — Deficiency in service proved — No nexus between delayed payment and death of mother — Compensation reduced in appeal.

IV (2009) CPJ 297 (NC)

Complaint — Maintainability — Consumer — Violation of contractual agreement — No services provided by OP — Services availed for earning livelihood, not mentioned — Complainant not consumer — Complaint not maintainable.

IV (2009) CPJ 311

— Maintainability of — Students, not earning members, parents competent to file complaint on their behalf.

IV (2009) CPJ 503

Consumer — Self-employment — Sale and purchase of vegetables, not commercial transaction services availed for self employment — Complainant consumer.

IV (2009) CPJ 271

Courier Service — Delivery delayed — Loss of employment opportunity suffered — Deficiency in service proved — Contents of courier receipt practicaly illegible — Receipt not signed by appellant — Compensation enhanced in appeal.

IV (2009) CPJ 471

Education — Criminal negligence — Verification of documents delayed — Loss of opportunity due to non-availability of original documents suffered — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 311

— Fees — Non-refund of — Admission withdrawn after 3 days — As per UGC guidelines, institution not entitled to retain entire fees — Rs. 1,000 can be deducted, balance has to be refunded — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 545

— Fees — Refund of — Distant learning programme provided instead of promised full time programme — Course attended for less than 17 days — OP not entitled to forfeit entire fees without providing requisite coaching — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 287

— Fee refund — Bus service not provided as per advertisement — Reservation/restriction in respect of bus service not provided immaterial — Student admitted with intention to avail bus facility — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 543

— Result not declared — Statutory functions performed by Board, not amount to rendering service for hire to students — Services not rendered for earning profit — Complainant not consumer — Not entitled to relief.

IV (2009) CPJ 34 (SC)

— Result not published — Examination Board not offers “services” to candidates — Examination fee not consideration for availment of service — Board not “service provider” — Student appearing in exam, not consumers — Complaint against Board/University, not maintainable.

IV (2009) CPJ 203

— Unfair trade practice — Misrepresentation in propectus — Institutes not allowed to display tentative list — Representation uncertain — Unfair trade practice proved — Relief entitled.

IV (2009) CPJ 309 (NC)

— Wrong result — Complainant appeared in exam, fee paid, shown absent, declared fail — Deficiency in service proved — Additional remedy provided under C.P. Act — Complaint not barred by provisions of CPC — Complainant consumer, entitled to relief.

IV (2009) CPJ 273

Electricity — Bill — Late supply — Correctness of bill disputed — Late supply of particulars not amount to deficiency in service — No relief entitled.

IV (2009) CPJ 204

— By-passing of meter — Penal bill issued — Difference between tampering and by-passing of meter — Meter examination by Electrical Inspector not required in meter by-passing — Fact visible to open eye of squad/technical person — No relief entitled.

IV (2009) CPJ 308 (NC)

— Theft — Penalty imposed — Consumer refused to sign inspection report, cannot challenge fairness of inspection — Consumer if aggrieved, could have filed objection before Appellate Authority — No relief entitled.

IV (2009) CPJ 27 (SC)

Evidence — Expert opinion —Admissibility of — Mere assertion without date/basis not evidence, even if it comes from expert — Treatment records not forwarded to expert — Expert not in position to form true opinion in absence of documents — Directions given.

IV (2009) CPJ 8

Food and Beverages — Coke bottle — Sold for price more than permissible maximum price — Deficiency in service, unfair trade practice proved — Relief entitled.

IV (2009) CPJ 461

— Unfair trade practice — Empty packets of chips sold — Refund of price and payment of compensation directed.

IV (2009) CPJ 282 (NC)

Goods — Defective — Once genuineness of machine not disputed, O.P. duty bound to rectify defects — Order directing rectification of defects free of cost upheld.

IV (2009) CPJ 88 (NC)

Housing — Allotment cancelled — OP not to be blamed for non-communication as notice calling all allottees published — Complaint after 2½ years of communication of cancellation — No relief entitled.

IV (2009) CPJ 193

— Area increased — Excess price charged — No stipulation in original price list for price increase — Charging of more than agreed amount — Unjustified — Demand illegal, unreasonable — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 163 (NC)

— Allotment — Cancelled on request — Part of deposited amount refunded — Cancellation entitled forfeiture of earnest money only — Point relating to interest, not to be read in isolation — Deduction of interest at time of refund not provided in agreement — Relief granted by lower Fora upheld.

IV (2009) CPJ 305 (NC)

— Demand disputed — Consumer — Allotment of booth side, cannot be considered for commercial consideration in absence of evidence — Complainant consumer, entitled to relief.

IV (2009) CPJ 161 (NC)

— Equalization fee — Co-operative Society — Wrongly charged — Additional remedy provided under Consumer Protection Act — Fora has jurisdiction to adjudicate dispute between member and Co-operative Society — Cause of action continuous, complaint not time barred— Relief entitled.

IV (2009) CPJ 303 (NC)

— Escalation Price — Determination of — Possession offered twice — Plots not vacant — Compensation due to escalation in price assessed by State Commission — No interference required in appeal.

IV (2009) CPJ 311 (NC)

— Extension Fee — Completion certificate delayed by Authority — Demand towards extension fee, unjustified — Compensation and interest awarded — Interest deleted in appeal.

IV (2009) CPJ 267 (NC)

— Non-construction fee — Construction not started within mandatory period — Basic amenities not provided — III (2007) CPJ 83 (NC) (followed) — Directions given.

IV (2009) CPJ 113 (NC)

— Non-execution of sale deed — Consumer not to suffer due to dispute between builder and owner of property — Registration of flat on payment of balance consideration directed.

IV (2009) CPJ 138 (NC)

— Possession delayed — Interest along with compensation and cost awarded — Rate of interest on higher side, reduced in revision to 12%.

IV (2009) CPJ 115 (NC)

— Possession delayed — Objection not raised at time of taking of possession — Time not essence of contract — Delayed performance accepted — No relief entitled.

IV (2009) CPJ 42 (SC)

— Possession delivered — Road laid in allotted plot without notice, without acquisition proceedings — Alternative allotment directed — OP instead of remedying wrong, trying to brazen out illegal act, not entitled to relief.

IV (2009) CPJ 317

Immigration Services — Processing fee — Non-refund of — Complaint allowed — Forum erred in relying documents not written on company letterhead — Erred in holding appellant deficient in service — Compensation set aside in appeal — Refund of amount paid with interest directed.

IV (2009) CPJ 262 (NC)

Impleadment of Party — Plaintiff dominus litus in proceedings, cannot be forced to join adversaries against whom no relief claimed — Petitioners not necessary party, free to seek legal remedy available in law.

IV (2009) CPJ 229 (NC)

Insurance — Accidental Injury — Vision lost directly as result of injury proved — Insurer held liable to pay 50% claim amount.

IV (2009) CPJ 50 (NC)

— Assessment of Loss — Insurance being contract of indemnity, compensation on selling price not entitled.

IV (2009) CPJ 52 (NC)

— Assessment of Loss — Onus to establish loss on complainant — Exaggerated claim lodged proved — Fair assessment made by Surveyor — Insurer held liable to pay assessed loss.

IV (2009) CPJ 46 (SC)

— Assessment of loss — Surveyor’s report not last, final word — Not binding — Claim duly supported by relevant documents, accepted by Consumer Fora — No interference required.

IV (2009) CPJ 8

— Banker’s Indemnity Policy — Fraud by employee — Loss suffered by complainant — Not trading loss due to lack of bank-customer relationship — Lackadaisical attitude shown by bank in not settling claim — Repudiation of claim unjustified — Relief entitled.

IV (2009) CPJ 308

— Burglary policy — Theft direct result of cyclone, not covered under policy — FIR delayed — Theft case registered — Benefit under burglary policy not entitled.

IV (2009) CPJ 101 (NC)

— Cancellation of policy — Insured not served — Why important documents sent by ordinary post not explained — Policy not cancelled deemed to be in existence — Insurer held liable.

IV (2009) CPJ 195 (NC)

— Cold Storage — Stock damaged due to accidental damage to plant and machiney — Claim payable under Machinery Insurance Policy, not under Deterioration of Stocks Policy — Breach of warranty and policy condition — Repudiation justified — No relief entitled.

IV (2009) CPJ 285 (NC)

— Consignment — Short delivery of — Period stipulated in cargo clause expired before delivery of consignments — Validity of insurance claim not established — Repudiation justified.

IV (2009) CPJ 296

— Driving licence — Fake — No compensation payable in cases of Own Damage Claims — No deficiency in service in repudiating claim.

IV (2009) CPJ 284 (NC)

— Driving Licence — Fake — Person driving vehicle not duly authorised to drive proved — Settlement on non-standard basis directed overlooking GIC guidelines — Orders set aside in revision.

IV (2009) CPJ 25 (SC)

— Driving Licence — Terms and conditions violated — Owner liable to pay compensation, if driver not holding licence — No reasons recorded by State and National Commissions, in holding no fundamental breach of policy — Orders unsustainable, set aside.

IV (2009) CPJ 233

— Driving licence — Validity of — LMV licence cannot be made valid to drive transport vehicle by endorsement — Registering authority has no right to override legislation — LMV licence holder not authorized to drive transport vehicle — Indemnification of damages not entitled.

IV (2009) CPJ 208 (NC)

— Fire incident — Damaged stock dumped/destroyed without intimating insurer — Reimbursement of salvage value not entitled — Drug licence deserved to be cancelled — Directions given.

IV (2009) CPJ 35 (NC)

— Fire — Assessment of loss — Stock position in monthly statement binding — Rejection of claim in entirety wrong — Insurer held liable to pay loss assessed by Surveyor with interest.

IV (2009) CPJ 209

— Fire — Panel Board damaged — Repair costs paid by complainant rejected by Surveyor without reason — Depreciations on flimsy ground — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 19 (SC)

— Fire — Proximate cause of damage — Court cannot add words to statute/document — Fire efficient and active cause of damage proved — Insurer held liable under policy.

IV (2009) CPJ 101 (NC)

— Fire accident — Unilateral cancellation of policy not served on complainant — Policy deemed to be in existence, continued till currency ended — Insurer held liable under policy.

IV (2009) CPJ 50 (NC)

— Full and Final Settlement of Claim — Amount received under compulsion/protest proved — Complaint maintainable.

IV (2009) CPJ 5

— House-breaking and Burglary — Risk to be covered upto maximum limit of money, in safe, permitted under policy — Order awarding assessed loss, set aside — Payment of amount permitted under policy directed.

IV (2009) CPJ 434

— Interest on premium — Parties bound by insurance contract — Complainant not made aware of GIC guidelines and additional premium or interest thereupon — Demand illegal — Deficiency in service/unfair trade practice proved — Refund with interest directed.

IV (2009) CPJ 205 (NC)

— Loss coverage — Loss not caused during vessel’s stay at port — Loss suffered not at port, not within ambit of insurance cover — No compensation entitled.

IV (2009) CPJ 8 (SC)

— Mediclaim Policy — Suppression of material facts — Section 45, Insurance Act applicable to life insurance policy, not applicable in mediclaim policy — Insured on regular haemodialysis, fully aware of state of health — Made statement palpably untrue to his knowledge — Repudiation of claim justified.

IV (2009) CPJ 76

— Motor Accident Claim — Vehicle overloaded to 87% in excess — Breach of policy conditions, violation of Motor Vehicles Act, 1988 proved — Repudiation justified — No relief entitled.

IV (2009) CPJ 68 (NC)

— Policy Coverage — Loss direct result of deliberate act by employee — Covered under policy — Repudiation of claim unjustified — Relief entitled.

IV (2009) CPJ 226

— Policy not issued — Guidelines, proposal to be accepted or rejected within 3 months — Proposer died after 7 months, yet policy not issued — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 436

— Premium — Non-payment of — Premium cheque bounced — Encashed on representation — Rejection of claim after realising amount and processing claim unjustified — Claim repudiated after 32 months of filing claim — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 258 (NC)

— Repairs — 1995 model — Insurer’s liability restricted to actual value of new parts minus depreciation.

IV (2009) CPJ 279

— Suppression of material facts — Existence of alleged disease not proved by evidence on record — Breathlessness, vomiting suffered all of a sudden as per discharged summary — Health problem sudden development due to stress, proved — Suppression of material fact not proved — Repudiation unjustified.

IV (2009) CPJ 81

— Surveyor Bribed — Claim vitiated in terms of Section 8 of insurance policy — No relief entitled.

IV (2009) CPJ 230 (NC)

— Surveyor’s Report — No reason given by Surveyor disallowing estimated claim given by authorized garage — Consent given on basis of Surveyor’s report, no consent — Claim allowed after 10% depreciation on estimated account.

IV (2009) CPJ 218

— Surveyor’s Report — Withheld intentionally — Complainant not under legal obligation to furnish storm report — No basis for repudiation and non-furnishing of Surveyor’s report — Unfair trade practice, deficiency in service proved — Relief entitled.

IV (2009) CPJ 74 (SC)

— Valued Policy — Total loss — Vessel sank with cargo — Premium paid on basis of valuation of Surveyor — Payment of entire value of vessel with interest directed.

IV (2009) CPJ 96

— Vehicle stolen — Intimation to police and insurer delayed — Consumer Protection Act, beneficial Act — Repudiation on technical ground unjust, arbitrary — Relief entitled.

IV (2009) CPJ 155 (NC)

Insurance (Life) — Accidental benefit — Blindness due to snow light radiations — Disability 100% — Accident can be either sudden happening or slowly evolving process — Blindness due to external violence means, i.e., snow light radiation — Accidental benefit payable.

IV (2009) CPJ 92 (NC)

— Policy lapsed — Assured died before actual revival of policy — Acceptance of premium not ipso facto revives policy — Policy not revived — No relief entitled — 18 years elapsed, payment of half assured value directed.

IV (2009) CPJ 206

— Previous policies not disclosed — Information not given by proposer, no fault could be fastened on agent — Repudiation justified — No relief entitled.

IV (2009) CPJ 239

— Salary Saving Scheme — Policies lapsed — Insured seriously ill, not intimated regarding non-deduction of premium — Entitled to relief.

IV (2009) CPJ 224 (NC)

— Suppression of material facts — Evidence of agent who filled proposal form not produced — Insured illiterate, contents of proposal form would not carry any weight — Previous treatment not proved — Insurer liable under policy .

IV (2009) CPJ 300 (NC)

— Suppression of material facts — Policy lapsed — Revived without inquiry — Insurer if had doubts, should have conducted inquiry — Mentioning ailments at surgery time, not mean that insured aware of disease — Insurer liable under policy.

IV (2009) CPJ 174 (NC)

— Suppression of material facts — Proposal form — Insurer when limited queries to questions of their own volition, insured can not be expected to volunteer other information unless asked for — No liability for suppression of material facts can be fastened — Insurer held liable.

IV (2009) CPJ 247

Jurisdiction — Electricity — Connection disconnected without notice — No notice required in cases of electricity theft, under Indian Electricity Act — Consumer Fora not competent to adjudicate dispute — Order allowing complaint set aside in appeal.

IV (2009) CPJ 40 (SC)

— Territorial — Entire cause of action took place at Ambala — “Branch office” in amended section means branch office where cause of action arose — No cause of action arose in Chandigarh — Respective Fora had no jurisdiction to adjudicate.

IV (2009) CPJ 328

Limitation — Time barred — Part payment made in 1988 — Complaint filed in 1998, time-barred — No explanation for delay given — Those who keep slumbered upon their rights for longer time, cannot seek rescue of judicial system — No relief entitled.

IV (2009) CPJ 93

Medical Negligence — Adequate care not taken — Patient committed suicide — Wife not allowed to remain with patient — Negligence on part of OP proved — Relief entitled.

IV (2009) CPJ 110 (NC)

— Compensation — Quantum — Second surgery necessitated solely due to negligence in treatment given — Compensation awarded for misery suffered in addition to reimbursement of expenditure incurred.

IV (2009) CPJ 9 (NC)

— Informed Consent — Surgery without valid reason — Consent signed by husband — Not valid consent — Deficiency in service proved.

IV (2009) CPJ 9 (NC)

— Joint and several liability imposed — Costs awarded.

IV (2009) CPJ 466

— Operation — Injury caused to patient — Discharge and follow-up card of third party hospital speaks volumes about negligence on part of OPs — Injury caused by OP, detected by treating surgeon — Negligence proved — Compensation granted.

IV (2009) CPJ 9 (NC)

— Operation — Patient had poor tolerance to anaesthesia — Subjected to second surgery before recovery — Cardiologist, Neuro surgeon not called — Staff untrained — Medical negligence proved — Compensation granted.

IV (2009) CPJ 9 (NC)

— Proved — Compensation — Quantum.

IV (2009) CPJ 9 (NC)

— Surgery — Patient had poor tolerance to anaesthesia — Second surgery performed — No imminent threat to life — Surgery could have been postponed — Medical negligence/deficiency in service proved.

IV (2009) CPJ 9 (NC)

— Surgery — Patient’s poor tolerance to anaeshesia known to doctor — Automatic ventilator not kept ready — Deficiency in service proved — Ignorance about latest techniques amounts to negligence — Compensation granted.

IV (2009) CPJ 226 (NC)

— Surgery — Small surgery continued for hours — Condition deteriorated — Steps supposed to be taken, completely mismatch with treatment given — Medical negligence proved — Relief entitled.

IV (2009) CPJ 329

— Treatment — Analgesic prescribed to 9 months pregnant lady along with anti malarial, without tests — Condition deteriorated — Dead child delivered — Patient died later — Gross negligence and deficiency in service proved — Joint and several liability imposed on basis of res ipsa loquitur.

IV (2009) CPJ 274 (NC)

— Treatment — Child died in womb, not diagnosed — Death of child and urgency of immediate operation not indicated in ultrasound report — Expert evidence not produced — Adoption of other line of treatment by other doctor not proved — Medical negligence on part of OP — No relief entitled.

IV (2009) CPJ 272 (NC)

— Treatment — Patient shifted from ICU due to inability to pay ICU cost — Critical patient left in care of other doctor — Condition deteriorated — Patient expired – Deficiency in service proved — Compensation awarded.

IV (2009) CPJ 216

Motor Defective — Purchased from appellant proved — Bills not signed by appellant, no ground to cancel bills — Complainant unable to irrigate field — Breach of trust, deficiency in service proved — Relief entitled.

IV (2009) CPJ 254

— Delivery delayed — RC and Insurance Certificate not given — Vehicle could not be plied — OPs jointly held liable to pay compensation.

IV (2009) CPJ 14 (SC)

Motor Insurance — Repudiation of claim — Driving licence — Invalid — Insurer not liable.

IV (2009) CPJ 140 (NC)

Motor Vehicles — Defective — Joint inspection carried out — Report cannot be challenged on basis of bias — Objections rejected — No relief entitled.

IV (2009) CPJ 480

— Excise duty — Refund of — Forwarding of requisite documents delayed by dealer — Claim rendered time-barred — Refund of excise duty directed — Manufacturer equally held responsible for lapse on part of dealer.

IV (2009) CPJ 17

— Manufacturing defect — Allegations not proved — Vehicle used for 4 years without complaint — Tyre burst due to summer heat and overspeed — Defective safety mechanism not proved — Non-supply of material cannot be alleged prior to preparation of final report — Deficiency in service not proved — No relief entitled.

IV (2009) CPJ 150 (NC)

— Manufacturing defect — Poor speed performance proved — Manufacturer and dealer jointly held liable — Directions given — Order upheld in revision.

IV (2009) CPJ 280 (NC)

— Transfer of ownership — Not effected — Complainant lost its move under Right to Information Act — Revisional jurisdiction of Fora cannot be exercised sitting over decisions of two authorities — After availing remedy under statute, consumer complaint for further relief, not permissible.

IV (2009) CPJ 88

— Vehicle purchased — Registration Certificate not issued — Accident claim not settled by Insurance Company — Complainant forced to return vehicle, suffered other liabilities — Deficiency in service on part of dealer proved — Relief entitled.

IV (2009) CPJ 529

Parking — Vehicle missing — Not taken back within time limit — Vehicle belongs to some body else not mentioned in complaint — Reasons for delayed FIR not explained — Bona fides of complainant not established — No relief entitled.

IV (2009) CPJ 260 (NC)

Penal Interest — Charged over agreed rate of interest — Pensionary benefits illegally deducted — Deficiency in service proved — Relief granted.

IV (2009) CPJ 334

Postal services — Interview letter — Delivery delayed by 41 days — Abnormal delay in delivery proved — Loss of opportunity due to negligence of postal authorities suffered — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 449

Provident Fund — Non-payment of — Employer’s share deposited — Complainant negligent in depositing employees share — Employer not liable to pay employee’s share, held liable to pay only employer’s contribution in Provident Fund.

IV (2009) CPJ 9 (NC)

Res Ipsa Loquitur — Applicability — Burden of proof reversed once claimant establishes res ipsa loquitur — Events inside operation theatre not explained — Res ipsa loquitur proved — Compensation granted.

IV (2009) CPJ 463

Sales and Promotion — Advertisement — Scholarship offered on products containing swatch cloth — Swatch cloth submitted by complainant different from original gold standard swatch of company, not genuine — Claim not settled — No deficiency in service/unfair trade practice proved — Compaliant not maintainable.

IV (2009) CPJ 59

Scheme — Scratch card under scheme not given to purchaser of goods — Complainant deprived to win any prize — Unfair trade practice proved — Complaint allowed by Forum — Hence appeal —Complainant may/may not win bumper prize — Compensation awarded by Forum on higher side, reduced in appeal.

IV (2009) CPJ 188 (NC)

Securites — FDRs — Erroneously encashed and adjusted — Deficiency in service on part of bank proved — Relief entitled.

IV (2009) CPJ 485

Telephone — Connection disrupted — Closed arbitrarily — Consumer cannot be forced to adopt another connection in absence of bona fide reason to stop existing connection — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 306

— Excess bills — No arbitrator appointed despite notice — Remedy under Section 3, C.P. Act, in addition of any other law — Inability to produce record itself constitutes deficiency in service — Relief entitled.

IV (2009) CPJ 336

— Mobile — Defective — Non-existence of service centre, not informed to complainant — Goodwill gesture of delivering stand by hand set, not to be construed as after sale service facilities — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 4

— Mobile — Defective even after repairs — Replacement directed — Hand set used for certain period — Further compensation not entitled.

IV (2009) CPJ 294

— Mobile — Disconnection — Services uniliterally disconnected without assigning any reason — Deficiency in service proved — Relief entitled.

IV (2009) CPJ 263

— Wrong bill issued — Cancelled by Forum — Entire bill not liable to be cancelled —Respondent held liable to pay telephone charges and charges for broad band connection — Order modified — Compensation awarded by Forum upheld.

IV (2009) CPJ 483

Tours & Travel — Tour Terminated — Complaint having stomach-ache — Group ticket purchased — Refund of entire unutilised amount not possible — Rs. 33,132 refunded, although OP not legally bound to refund — No deficiency in service proved — No relief entitled.

IV (2009) CPJ 278 (NC)

Unfair Trade Practice — Advertisement — Assured amount not returned — Joint and several liability imposed — Dealer neither made promisee, nor issued cheque, not jointly liable — Company alone held liable.

IV (2009) CPJ 172

Water — Connection not supplied — Water tax paid for period connection stood disconnected — Consumer made to pay tax in form of fees for rendering service for supply of essential element — Negligence proved — Exemplary compensation awarded.

III (2009) CPJ 1 (SC)

Advertisement — Hoardings — Illegally removed — Complaint dismissed by Consumer Fora — Reason assigned for refusing claim, untenable — Writ filed for illegal removal of hoardings, has no direct bearing on claim for compensation — Matter remanded for fresh adjudication.

III (2009) CPJ 35 (NC)

Advocate — Professional misconduct — Complaint examined by Bar Council regarding misconduct only — Complaint before Forum to determine whether proper service rendered by O.P., for which fee charged — Both authorities work in different fields, complaint held maintainable.

III (2009) CPJ 19 (NC)

Agriculture — Seeds defective — Not proved in absence of expert/laboratory report — Lower yield resulted due to excessive rains — No relief entitled.

III (2009) CPJ 93 (NC)

— Tubewell installation — Water at depth declared ‘saline’ — Complainant at fault in not seeking clarification from O.P., not sinking test bore before incurring huge expenditure — No deficiency in service on part of O.P. proved — No relief entitled.

III (2009) CPJ 99

Airlines — Boarding denied — Confirmed ticket holder — Airlines cannot brush aside/shirk from liability — Mistake if occurred at end of agent, Airlines vicariously liable to pay compensation.

III (2009) CPJ 175

— Flight left prior to scheduled time — Not proved — Complainant not accommodated in next flight, money charged for night flight — Deficiency in service proved — Compensation reduced in appeal.

III (2009) CPJ 138 (NC)

Banking and Financial Institutions services — Agent — Investor’s money misappropriated — Agent appointed by State Government’s Appointing Authority — Not agent of Central Government — State Government held liable to pay awarded amount.

III (2009) CPJ 28

— Attachment order — FDRs remained with bank after maturity — Bank using FDR, enjoyed its usufruct — Complainant entitled to amount with consequential benefits.

III (2009) CPJ 38

— Endowment certificate — Instalment delayed not proved — Full maturity value along with interest on deducted amount entitled.

III (2009) CPJ 50

— Loan — Pre-closure charges/prepayment — Charged as per agreement — Complainant held liable to pay prepayment charges.

III (2009) CPJ 82

— Loan — Pre-closure charges — Illegal — Complainant entitled to pay entire amount at once without payment of pre-closure charges — Refund of pre-closure charges with interest directed.

III (2009) CPJ 24 (NC)

— Monthly Income Scheme — Excess deposit — Interest at mis scheme rate not payable — Payment of interest @ post office saving bank rate entitled.

III (2009) CPJ 114

— Saving account — Withdrawal denied — Loan due against deceased father— Withdrawal cannot be stopped on this ground — Deficiency in service proved — Relief entitled.

III (2009) CPJ 163

— Vehicle financed — Forcibly repossessed due to instalment defaulted — Sold without intimating complainant — Relief entitled — Direction given.

III (2009) CPJ 40 (NC)

— Vehicle financed — Forcibly repossessed due to default in payment — Sold — Whole proceedings done in perfunctory, high-handedness manner — Complaint allowed — Exemplary cost imposed.

III (2009) CPJ 153

— Wrong credit advice — Issued by bank — Cancelled in 1998 — Complaint filed in 2006, time-barred.

III (2009) CPJ 27

Complaint — Maintainability of — Voluntary Association not allowed to take up cases of individual — Complaint by President of Association for individual grievance, not maintainable.

III (2009) CPJ 142 (NC)

Consumer — Electricity — Connection in father’s name — Disconnected — Complaint allowed — No appeal filed — Order became final — Executing Court could not go behind decree, unless fraud established — Order holding complainant not consumer, set aside in revision.

III (2009) CPJ 85 (NC)

— Franchisee holder — Dispute between two service providers — Complainant not consumer, but service provider to several consumers, not eligible to file complaint — No relief entitled.

III (2009) CPJ 85

— Road tax — Exemption denied — Penalty imposed — Payment/promise of payment of tax not amounts to payment of consideration for availing service — Complainant not consumer, not entitled to relief.

III (2009) CPJ 33 (NC)

Education — Fee — Refund of — Medical coaching — Studies discontinued — Clause saying fees once paid, not refundable, unconscionable, unfair, not enforceable — As per UGC public notice, refund of fee for period, college/institution not attended, directed — Relief entitled.

III (2009) CPJ 2 (NC)

Electricity — Connection — Sanctioned — Refused later — Installation of meter of sanctioned connection directed — Compensation awarded.

III (2009) CPJ 72

— Disconnection — SDO acted arbitrarily not proved— Whatever information gathered without verifying facts, put in his affidavit — Notice under Section 340, Cr.P.C.not to be issued against SDO.

III (2009) CPJ 5 (SC)

— Supply delayed — Complainant company, person within Section 2(1)(d) r/w Section 2(1)(m), Consumer Protection Act — Definition of “person” inclusive, not exhaustive — Complainant consumer — Complaint maintainable — Matter remanded to District Forum for disposal in accordance with law.

III (2009) CPJ 57

Execution of Order — Maintainability of — O.P. National Air Carrier of foreign State — Permission of Central Government not obtained before filing complaint — Order allowing complaint, nullity — Execution not maintainable.

III (2009) CPJ 121

Ex parte Order — Summons — Service of — Summons returned with endorsement “unclaimed” — Procedure for service prescribed by Consumer Protection Act, Code of Civil Procedure would not apply —
Ex parte order of Forum upheld.

III (2009) CPJ 43 (NC)

Food and Beverages — Chocolates — Worm infested — Mandatory provision not followed — Reports reflect moulding, infestation due to defective storage at point(s) in retail chain — Manufacturing defect not proved — Retail dealer liable to pay compensation for deficiency in service.

III (2009) CPJ 87 (NC)

Housing — Allotment — At reserved price — Willingness of complainant to pay reserve price not finally accepted — Earnest money refunded — Allotment at increased price proposed — Authority directed to reconsider complainant’s offer and negotiate — Directions given.

III (2009) CPJ 65

— Allotment — Surrendered — Additional demand made — Deposited amount refunded after 10% deduction — Tentative price mentioned in allotment letter — Condition not oppressive to give right to surrender plot — No relief entitled.

III (2009) CPJ 81

Insurance — Assessment loss by surveyor — Payment of assessed loss directed — Insurer should not be saddled with compensation, where it could not get opportunity to get accident examined — Compensation set aside.

III (2009) CPJ 82 (NC)

— Consignment changed — Peril covered under policy — Complaint within one year from date of information, not time-barred — Insurer held liable under policy.

III (2009) CPJ 2 (SC)

— ­Jeweller’s Block Policy — Loss occasioned in custody of apprentice — Apprentice trainee, not employee — Master-servant relationship not exists between firm and apprentice — Claim before Consumer Fora not maintainable — No relief entitled.

III (2009) CPJ 18

— Medi-claim — Reimbursement denied — Expenses incurred subsequent to period prescribed under policy — Insurer unjustly added words, which were not there while repudiating liability — Repudiation unjust — Relief entitled.

III (2009) CPJ 6 (NC)

— Medi-claim — Reimbursement denied — Onus to prove pre-existing disease on insurer — No evidence produced in support — Discharge summary cannot be relied in absence of verification by doctor — Insurer liable under policy.

III (2009) CPJ 61

— Medi-claim — Repudiated — Suppression of material facts not proved — Insurance amount increased for income tax purpose proved — Insurer held liable.

III (2009) CPJ 60

— Medi-claim — Repudiation of claim — Policy expired — New policy issued after 7 days — Condonation of gap permitted in policy — Gap properly explained — Repudiation unjustified.

III (2009) CPJ 13 (SC)

— Motor Accident Claim — Repudiated — Ground — Fraud and violation of conditions of policy — Dispute as to who was driving vehicle at relevant time — Relevant entries in Case Diary and post-mortem report not considered in proper perspective — Matter remanded for fresh adjudication.

III (2009) CPJ 61

— Post-hospitalisation claim — Each claim separate, cannot be clubbed to say that expenses claimed beyond prescribed period — Insurer held liable.

III (2009) CPJ 73 (NC)

— Terms and conditions violated — Driver holding LMV licence, driving medium goods vehicle, without endorsement — Gross weight of vehicle relevant for determination of category of vehicle — Gross vehicle weight being 8770 kgs., vehicle medium goods vehicle proved — Insurer held not liable to pay compensation.

III (2009) CPJ 66 (NC)

— Vehicle burnt — Registered in name of complainant’s employee — Complainant
bona fide purchaser, insured vehicle — No misrepresentation on his part proved — Insurer failed in basic duties, cannot take stand later that insured had no insurable interest — Contributory negligence on part of complainant — 75% of amount assessed by surveyor awarded.

III (2009) CPJ 125

Insurance (Life) — Concealment of material facts — Statement on basis of medical record cannot be brushed aside merely because made by panel doctor — Concealment of material facts proved — No relief entitled.

III (2009) CPJ 25 (NC)

— Policy lapsed — No intimation given to insured — Policy kept alive as on date of death of insured — Insurer liable under policy.

III (2009) CPJ 25

— Policy lapsed — Premium paid to agent during lifetime of insured — Deposited after death of insured — Agent held liable to compensate complainant.

III (2009) CPJ 38 (NC)

— Suppression of correct age — Son born on 1.5.1954 as per school records — Father’s date of birth could not be 18.10.1950 — Document issued by school in discharge of official duty, no affidavit required to prove it — Breach of principle of
uberrima fide — Repudiation justified.

III (2009) CPJ 91 (NC)

— Suppression of material facts — Claim repudiated — Order allowing complaint set aside relying upon report of senior consultant — Report of senior consultant unsubstantiated, unproved, in absence of affidavit of doctor — Order of Forum restored in revision.

III (2009) CPJ 25 (NC)

— Suppression of material facts — Two years elapsed after issuance of policy — Burden to prove concealment on insurer — Onus not discharged by leading evidence — Insured suffered cancer 3½ years after taking of policy — Relief entitled.

III (2009) CPJ 51

— Suppression of material facts — Unless insured hospitalized/undergone operation/admitted for treatment in rear proximity of obtaining policy, not supposed to disclose day-to-day problem — Insurer held liable.

III (2009) CPJ 39

Medical Negligence — Diagnosis and treatment — No expert evidence produced in support of allegations — Forum not justified in allowing complaint on basis of omissions noticed in discharge summary certificate — Order set aside in appeal.

III (2009) CPJ 61 (NC)

— Failure to exercise due care — Patient committed suicide — Lapse of duty by nursing staff in

allowing patient to move around proved — Wife not allowed to be with patient — Negligence and deficiency in service proved — Relief entitled.

III (2009) CPJ 102

— Operation — Foreign body left inside stomach — Not detected in spite of being shown scan report proved — Medical negligence proved — O.Ps. jointly held liable.

III (2009) CPJ 69 (NC)

— Operation unsuccessful — Patient should be x-rayed on way to operating table to confirm position of stones — Operation performed on x-ray taken one day prior to operation — Stone shifted, second operation performed — Medical negligence proved — Relief entitled.

III (2009) CPJ 107 (NC)

— Post-discharge care — Failure to advice — Pre-mature delivery with low birth weight — Risk of ROP or consult ophthalmologist, not informed and advised — Child reached to stage 5 at age of 4½ months — No intention to test child for ROP, allowing child to become blind, inexecusable — Medical negligence proved — Relief entitled — Joint and several liability imposed.

III (2009) CPJ 107 (NC)

— Professional conduct — Failure in — To accelerate death/aggravate medical problem, not informing patient inherent known risk of problem/disease, gross negligence, can be considered failure in professional conduct of doctor.

III (2009) CPJ 95 (NC)

— Treatment — Condition deteriorated despite appropriate medication — Treatment, risk associated with disease, explained at every stage — Treatment done by O.Ps., not part of normal medical protocol, not proved — No expert evidence produced — Medical negligence not proved — No relief entitled.

III (2009) CPJ 121 (NC)

— Treatment — Death within few hours of receiving treatment — No prescription given — No diagnosis recorded — Negligence in treatment proved — Death cannot be attributed to negligence directly — Compensation awarded by State Commission too high, unsustainable — Reduced in appeal.

III (2009) CPJ 17 (NC)

— Tubectomy operation — Failure of — Failure explained in medical texts — Consultation fee charged — No deficiency in consultation alleged — No relief entitled.

III (2009) CPJ 131 (NC)

Motor Vehicles — Defective — Transit damaged, repaired car sold — Only defective parts required to be replaced — Order directing return of vehicle, awarding huge amount unjustified — Excessive reliefs granted without justification — Compensation of Rs. 1,00,000 awarded.

III (2009) CPJ 1 (NC)

— Defective title — Repossessed vehicle sold — Complainant suffered at hands of police — Entitled to relief.

III (2009) CPJ 22 (NC)

— Delivery delayed — Relationship between manufacturer and dealer, on principal to principal basis — Manufacturer not liable for acts of dealer — Dealer alone held liable to pay interest and compensation.

III (2009) CPJ 145

— Manufacturing defects — Proved — Vehicle sold adopting unfair trade practice — Replacement of vehicle or refund of price with interest directed.

III (2009) CPJ 20 (NC)

— Manufacturing defects — Replacement of engine directed — Vehicle found in good running condition on inspection — No manufacturing defect, abnormal sound noticed — Order allowing complaint set aside in revision.

III (2009) CPJ 22

Railway Services — Luggage stolen — No bills/vouchers suggesting value of luggage stolen produced — Claim of Rs. 50,000 not substantiated — Compensation of Rs. 4,000 with interest awarded.

III (2009) CPJ 48

Securities — Unit plan — Cancellation/termination — Due to financial crisis, in interest of investors, not amount to deficiency in service — Done in exercise of power under Section 21, UTI Act — No relief entitled.

III (2009) CPJ 46

Telephone — Bills highly inflated — Telephone misused — Bill tampered — Onus to prove lack of
mala fide action in issuance of bill, not discharged — Relief entitled.

III (2009) CPJ 168

— Mobile — Disconnection — ID proof not accepted — Document submitted sufficient to prove identity of complainant —Photocopy of same document accepted later — Compensation granted — Direction given.

III (2009) CPJ 68

Unfair trade practice — Goods — Not delivered in spite of payment of sale price — Complainant became consumer after payment of price — Return of sale price with interest directed.