Landmark judgements

 

Non-delivery of possession

the period of payment of interest and the Appeals preferred by the Opposite Parties are allowed in part reducing the rate of interest from 18% p.a. to 10% p.a. and also to the extent of deduction of the principal amounts which are due to be paid by the Complainants....

Valet parking services provided by Hotels whether services

When the guest presents the car keys to the valet, possession of the car is transferred from the guest to the Hotel and a bailment is established. The Hotel may not be liable for the loss of any expensive goods that was left in the vehicle but historically the common law held a hotel liable for the loss of the guest’s property if the property and the guest were within the premises of the Hotel...

‘Voluntary Consumer Association’ (VCA) —Locus Standi—

3. It would be evident from a bare perusal of Section 12(1) that a consumer complaint can be filed only, (i) by a consumer to whom the goods are sold or delivered or agreed to be sold or delivered or services are provided or agreed to be provided or (ii) by any recognized consumer association or (iii) by one or more consumers where there are numerous consumers, provided it is filed on behalf of or for the benefit of all the consumers having the same interest or (iv) by the Government. A complaint filed by an entity other than a Voluntary Consumer Association is not envisaged under Clause (b), even if such an entity is a ‘person’, as defined in Section 2(1)(m). An association of persons, unless it is a recognized consumer association within the meaning...

Whether complainant has no locus standi to file the present complaint on behalf of several allottees

(ii) Consumer Protection Act, 1986 — Section 21(a)(i) — Pecuniary Jurisdiction — Consumer Association — It is the aggregate value of services which has to be taken for purpose of determining pecuniary jurisdiction of Consumer Forum....

Society cannot be considered as any commercial establishment striving for profit —Appellant-Society is consumer

(i) Consumer Protection Act, 1986 — Sections 2(1)(d), 23 — Consumer — Charitable Institution — Commercial purpose — Appellant-Society is a charitable Institution and not a commercial entity — Society is supporting Adivasi/tribal girls to pursue their education by providing hostel facilities — Expenses for food and electricity are being paid by inmatesof the hostel — Society is maintaining the hostel free of cost and no charges in form of rent, repairs and maintenance collected from inmates — Society cannot be considered as any commercial establishment striving for profit — Appellant-Society is consumer....

When can second appeal be allowed

We are, thus, of the considered opinion that in the present case it was necessary for the person claiming through minor to bring an action within a period of three years from the date of the death of the minor to get sale deed executed by Balaraman set aside. We, thus, conclude that the sale deeds executed by Balaraman were not repudiated or avoided within the period of limitation as prescribed by law.In view of the foregoing discussions, we do not find any merit in this appeal. The appeal is dismissed accordingly...

When contract of Insurance is considered as complete

15. It is an admitted fact that the premium was paid on 29.9.2008. That it was only in 18.1.2011 that the respondent Insurance Company informed the appellant that the policy was not accepted by them. We are unable to fathom the reason for such excessive delay in informing the appellant, which cannot be excused. We are of the opinion that the rejection of the policy must be made in a reasonable time so as to be fair and in consonance with the good faith standards....

Universities are not rendering services under CP Act

Coaching institutes or skill developing institutes under scan now for the purpose of deciding whether their activities fall under services...

Universities are not rendering services under CP Act

In our opinion, this issue is no longer res integra and has been extensively discussed by a recent judgment of this Court in the case of Bihar School Examination Board Vs. Suresh Prasad Sinha, (2009) 8 SCC 483, where it has been held as under :- "11. The Board is a statutory authority established under the Bihar School Examination Board Act, 1952. The function of the Board is to conduct school examinations. This statutory function involves holding periodical examinations, evaluating the answer scripts, declaring the results and issuing certificates. The process of holding examinations, evaluating answer scripts, declaring results and issuing certificates are different stages of a singlestatutory non-commercial function. It is not possible to divide this function as partly statutory and partly administrative...

NEW INDIA ASSURANCE CO. LTD. .....APPELLANT VERSUS HILLI MULTIPURPOSE COLD STORAGE PVT. LTD.

Thus, upon plain reading of the aforestated Section, one can find that the opposite party is given 30 days’ time for giving his version and the said period for filing or giving the version can be extended by the District Forum, but the extension should not exceed 15 days. Thus, an upper cap of 45 days has been imposed by the Act for filing version of the opposite party....

test

test example...

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