डाक विभाग हो या बैंक ,काही भी अपनी जमा राशी के निवेश से पहले उसके नियमो की जानकारी लेना आवश्यक है । एजेंट की भूल या चालाकी का नुकसान आपको हो सकता है किन्तु कानून का यह मूल सिद्धांत है कि कोई भी अपनी गलती का लाभ नहीं उठा सकता । उपभोक्ता अदलते इस विषये मे सक्रिये है कि जहा काही कुछ अनियमित होता है ,उसके कारण ओर तथ्यो को जांच कर हर दोषी व्यक्ति को उसके भुगतान के लिए उत्तदायी माना जाए ।...
But the most important thing which appears in favour of consumers shall be that limitation clause is not the absolute.Since it is not absolute clause ,it can be read in favour of consumers infuture when these guidelines are incorporated in the policy documents but certainly not without that. The process shall be- it will be the executive body first to exercise their power in condoning the limitation clause and then some cases where delay had not been condoned ,shall come before the forums with the question as to whether not condoning the delay was just and proper or not .In other words it will be an exercise to deal with the matter of discretionary power enjoyed by the executives.The legal question here chellange to the discretionary power given to the executives which will be a difficult thing ....
A complaint against the assessment made for unauthorized use of electricity under section 126 of electricity act or action taken by billing with penal rates under sec. 135 to 140 cannot be challenged before the consumer courts established under consumer protection act 3. The electricity act 2003 and consumer protection act runs parallel for giving redressal to consumers who fall within the definition of consumer and complainant under the consumer protection act under sections 2(1 )(c)...
in Rikhi Ram & Anr. Vs. Sukhrania & Ors. - (2003) 3 SCC 97, wherein the Supreme Court while interpreting the provisions of Section 157 held that although with the transfer of vehicle the Insurance Company remains liable towards third party claims but the transferee cannot get any personal benefit under the policy unless there is a compliance of the provisions of the Act. It was further held that the Insurance Company would remain liable to third parties, but it would be open to the Insurance Company to recover the said amount either from the insured or from the transferee of the vehicle. It was observed:...
Supreme Court in the case of Maruti Udyog Ltd. Vs. Susheel Kumar Gabgotra and another [(2006) 4 SCC 644] has held that where defects in various parts of a car are established, direction for replacement of the car would not be justified. “Replacement of the entire item or replacement of defective parts only called for.”...
In the era of internet and globalization of business activities, most of the business contracts are now days finalized at internet only and no meeting takes place between the parties physically. In such a situation it is becoming difficult to decide the jurisdiction of the court in case of any dispute which arises out of such contract. General Principal of law on the point of jurisdiction is that the case can be filed: At the place where the respondent resides or have a office/branch office Where the cause of action arises....
Addressing the audience at a seminar on ‘E-Commerce And The Consumer Responsibilities and Rights’ organized by the Consumers Association of India, Secretary, Ministry Of Consumer Affairs Sh. Desurajuhe said it is essential to create a policy framework and regulatory environment that favours the development of e-commerce and ensures protection of consumers....
A complaint was filed by one Mr. Narayan Chandra Saha before a consumer forum in west Bengal against a doctor for negligence and succeeded in it. He filed an execution petition and after receiving the notice,doctor sent it to the insurance company for making the payment to the complainant as he had taken professional indemnity policy from New India Insurance Co. Insurance company refuses to pay the same as they were not informed by the doctor about the case filed against him, neither they were made party in the case....
“In such a chaotic situation, any Arzi, Farzi,, half- baked lawyer under the label of proxy counsel a phrase not traceable under the Advocates Act, 1961 or under the Supreme Court Rules, 1966 etc., cannot be allowed to abuse and misuse the process of the court under a false impression that he has a right to waste public time without any authority to appear in the court, either from the litigant or from the AOR,(advocate on record) as in the instant case.’...
The criteria of declaring manufacturing defect no more rests on only expert opinion, circumstances and facts of the case also play its role in reaching to the final result....
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