13
Sep/110
Sep/110
Condonation of Delay, Consumer Case
Condonation of Delay
(Case/Appeal No: Civil Appeal No. 1201 of 2004)
National Insurance Co. Ltd. and another Petitioners Vs. Dilbagh Rai Sharma Respondent, decided on 2/20/2004.
Name of the Judge: Hon’ble Mr. Justice Ashok Bhan and and Hon’ble Mr. Justice H.K. Sema.
Subject Index: Consumer Protection Act, 1986 – condonation of delay – 102 days — State Commission declined to condone the delay — appeal — National Commission held that the order passed by the State Commission did not require any interference on appeal Supreme Court — held the appellants had made out a case for condonation of delay and the State Commission erred in declining to condone the delay and hear the appeal on merits — the case is remitted back to the Consumer Disputes Redressal Commission, Union Territory, Chandigarh, for disposal of the appeal on merits.
National Insurance Co. Ltd. and another Petitioners Vs. Dilbagh Rai Sharma Respondent, decided on 2/20/2004.
Name of the Judge: Hon’ble Mr. Justice Ashok Bhan and and Hon’ble Mr. Justice H.K. Sema.
Subject Index: Consumer Protection Act, 1986 – condonation of delay – 102 days — State Commission declined to condone the delay — appeal — National Commission held that the order passed by the State Commission did not require any interference on appeal Supreme Court — held the appellants had made out a case for condonation of delay and the State Commission erred in declining to condone the delay and hear the appeal on merits — the case is remitted back to the Consumer Disputes Redressal Commission, Union Territory, Chandigarh, for disposal of the appeal on merits.
(Case/Appeal No: Civil Appeal No. 1975 of 1998)
Union of India Appellant Vs. P.S. Sandhu and others Respondents, decided on 3/17/2004.
Name of the Judge: Hon’ble Mr. Justice S.N. Variava and Hon’ble Mr. Justice H.K. Sema.
Subject Index: Constitution of India — Article 136 — appeal filed against judgment by the National Consumer Disputes Redressal Commission — preliminary abjection — a appeal should have been filed under section 23 of the Consumer Protection Act — appeal not filed within 30 days — no application for condonation of delay made — Held no reason to entertain this appeal under Article 136 of the Constitution.
Union of India Appellant Vs. P.S. Sandhu and others Respondents, decided on 3/17/2004.
Name of the Judge: Hon’ble Mr. Justice S.N. Variava and Hon’ble Mr. Justice H.K. Sema.
Subject Index: Constitution of India — Article 136 — appeal filed against judgment by the National Consumer Disputes Redressal Commission — preliminary abjection — a appeal should have been filed under section 23 of the Consumer Protection Act — appeal not filed within 30 days — no application for condonation of delay made — Held no reason to entertain this appeal under Article 136 of the Constitution.
(Case/Appeal No: Civil Appeal No. 6572 of 2005)
Haryana Urban Development Authority Appellant Vs. B.K. Sood Respondent, decided on 10/26/2005.
Name of the Judge: Hon’ble Mrs. Justice Ruma Pal and Hon’ble Dr. Justice AR. Lakshmanan.
Subject Index: Consumer Protection Act, 1986 — Section 24-A — period of limitation — complaint filed after 10 years of taking possession, eight years after the cause of alleged damage commenced and three years after the cause ceased — no prayer for condonation of delay made in complaint — duty of Consumer Forums to dismiss complaint if no sufficient cause shown for not filing complaint within prescribed period — complaint time barred — appeal allowed.
Haryana Urban Development Authority Appellant Vs. B.K. Sood Respondent, decided on 10/26/2005.
Name of the Judge: Hon’ble Mrs. Justice Ruma Pal and Hon’ble Dr. Justice AR. Lakshmanan.
Subject Index: Consumer Protection Act, 1986 — Section 24-A — period of limitation — complaint filed after 10 years of taking possession, eight years after the cause of alleged damage commenced and three years after the cause ceased — no prayer for condonation of delay made in complaint — duty of Consumer Forums to dismiss complaint if no sufficient cause shown for not filing complaint within prescribed period — complaint time barred — appeal allowed.
(Case/Appeal No: Civil Appeal No. 6447 of 2001)
Regional Provident Fund Commissioner Appellant Vs. Bhavani Respondents, decided on 4/22/2008.
Name of the Judge: Hon’ble Mr. Justice Altamas Kabir and Hon’ble Mr. Justice V.S.Sirpurkar.
Subject Index: Review Petition — revision petition filed by the Regional Provident Fund Commissioner for condonation of delay — dismissed by the National Commission — appeal filed for hearing special leave petitions — the respondent Bhavani was a worker in Cashew Factory No.III (Naduvathoor) owned and managed by the Kerala State Cashew Development Corporation Limited, Kollam and according to her she retired from service on 31.12.1995 on attaining 60 years of age. Bhavani was a member of the Employees’ Provident Fund and Family Pension Scheme, 1971, and was making contribution to the Scheme. In her service records maintained by the company her date of birth was shown as 31.12.1935 and though she was eligible for pension, the same was not ordered by the Regional Provident Fund Commissioner, the appellant herein in all these appeals. Aggrieved by the failure and/or the refusal of the Regional Provident Fund Authorities to release pension to her, Bhavani filed an application before the Consumer Disputes Redressal Forum (hereinafter referred to as ‘the District Forum’) Kollom, praying for a direction upon the appellant herein to release her pensionary benefits from the date of her retirement from service i.e. 31.12.1995 — the District Forum came to a finding that since Bhavani was eligible for the benefits of the 1995 Scheme, denial of the same amounted to deficiency of service which would attract the provisions of the Consumer Protection Act, 1986 — the District Forum on considering the provisions of Section 2(1)(d) (ii) of the Consumer Protection Act, 1986, observed that the definition of “consumer” therein was not exhaustive and Section 2(1)(o) exempts only such services as are rendered free of charge or under a contract of personal service.
Regional Provident Fund Commissioner Appellant Vs. Bhavani Respondents, decided on 4/22/2008.
Name of the Judge: Hon’ble Mr. Justice Altamas Kabir and Hon’ble Mr. Justice V.S.Sirpurkar.
Subject Index: Review Petition — revision petition filed by the Regional Provident Fund Commissioner for condonation of delay — dismissed by the National Commission — appeal filed for hearing special leave petitions — the respondent Bhavani was a worker in Cashew Factory No.III (Naduvathoor) owned and managed by the Kerala State Cashew Development Corporation Limited, Kollam and according to her she retired from service on 31.12.1995 on attaining 60 years of age. Bhavani was a member of the Employees’ Provident Fund and Family Pension Scheme, 1971, and was making contribution to the Scheme. In her service records maintained by the company her date of birth was shown as 31.12.1935 and though she was eligible for pension, the same was not ordered by the Regional Provident Fund Commissioner, the appellant herein in all these appeals. Aggrieved by the failure and/or the refusal of the Regional Provident Fund Authorities to release pension to her, Bhavani filed an application before the Consumer Disputes Redressal Forum (hereinafter referred to as ‘the District Forum’) Kollom, praying for a direction upon the appellant herein to release her pensionary benefits from the date of her retirement from service i.e. 31.12.1995 — the District Forum came to a finding that since Bhavani was eligible for the benefits of the 1995 Scheme, denial of the same amounted to deficiency of service which would attract the provisions of the Consumer Protection Act, 1986 — the District Forum on considering the provisions of Section 2(1)(d) (ii) of the Consumer Protection Act, 1986, observed that the definition of “consumer” therein was not exhaustive and Section 2(1)(o) exempts only such services as are rendered free of charge or under a contract of personal service.
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Mar/110
Mar/110
CONSUMER FIRST APPEAL
CONSUMER FIRST APPEAL
First Appeal as provided under Section 19 of the Consumer Protection Act, 1986 can be filed with the Registry of this Commission on all working days between 10.00 A.M. to 4.30 P.M. at 7th Floor, ‘B’ Wing, Janpath Bhawan, Janpath, New Delhi. First Appeal must be supported by an affidavit along with Four copies for the Commission, and One set for each Respondent. Paper books ofFirst Appeal and all the copies should be paginated and duly indexed in the following seriatim:-
First Appeal (FA) – 19
1. Index
2. List of Dates
3. Memo of Parties
4. Appeal with affidavit
5. Stay Application with affidavit, if required
6. Limitation, if any (Within 30 days of receipt of order)
7. Certified copy of order of State Commission
8. Any other documents required
9. Demand Draft (in the name of “The Registrar, NCDRC, New Delhi”)
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Mar/110
Mar/110
CONSUMER REVISION PETITION
CONSUMER REVISION PETITION
Revision Petition as provided under Section 21 (b) of the Consumer Protection Act, 1986 can be filed with the Registry of this Commission on all working days between 10.00 A.M. to 4.30 P.M. at 7th Floor, ‘B’ Wing, Janpath Bhawan, Janpath, New Delhi. Revision Petition must be supported by an affidavit along with Four copies for the Commission, and One set for each Respondent. Paper books of Revision Petition and all the copies should be paginated and duly indexed in the following seriatim:-
Revision Petition (RP) – 21(b)
1. Index
2. List of Dates
3. Memo of Parties
4. Revision Petition with affidavit
5. Stay Application with affidavit, if required
6. Limitation, if any (Within 90 days of the receipt of the order)
7. Certified copy of order of State Commission
8. Copy of order of District Forum
9. Supporting documents in favour of RP
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Mar/110
Mar/110
Uttar Pradesh State Consumer Disputes Redressal Commission
Uttar Pradesh State Consumer Disputes Redressal Commission,
C – 1, Vikrant Block – 1,
Near Shaheed Path,
Gomati Nagar,
LUCKNOW – 226 010
STD CODE: 0522
E-mail : up-sforum@nic.in
24
Mar/110
Mar/110
Tripura State Consumer Disputes Redressal Commission
Tripura State Consumer Disputes Redressal Commission,
‘Khadya O Bhokta Bhawan’,
Ground Floor, Eastern Side,
P.O. Kunjaban
West Tripura - 799 006
STD CODE: 0381
E-mail : tri-sforum@nic.in
24
Mar/110
Mar/110
Consumer Complaint
Consumer Complaint
Consumer Complaint, where value of the goods or services and compensation exceeds Rupees One Crore, can be filed with the Registry of this Commission within a period of Two Years from the date on which the cause of action has arisen. Petition can be filled on all working days between 10.00 A.M. to 4 .30 P.M. at 7th Floor, ‘B’ Wing, Janpath Bhawan, Janpath New Delhi. Consumer Complaint should be signed by the complainant and supported by an affidavit with four copies, and one set each for Opposite Parties. The Consumer Complaint along with all the copies should be paginated and duly indexed in the following seriatim:-
Consumer Complaint (CC) – 21(a) (i)
1. Index
2. List of Dates
3. Memo of Parties
4. Complaint with affidavit
5. Limitation, if any (2 years from cause of action)
6. Supporting documents in favour of complaint e.g. Receipt, voucher etc
7. Fee for Rs.5,000/- for making Consumer Complaint (Demand Draft in the name of “The Registrar, NCDRC, New Delhi”)
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Mar/110
Mar/110
West Bengal State Consumer Disputes Redressal Commission
West Bengal State Consumer Disputes Redressal Commission,
Bhabani Bhavan,
(Ground Floor),
31, Belvedere Road, Alipore,
Kolkata – 700 027
STD CODE: 033
E-mail : wb-sforum@nic.in
24
Mar/110
Mar/110
Uttarakhand State Consumer Disputes Redressal Commission
Uttarakhand State Consumer Disputes Redressal Commission,
2nd Floor, F.T.C. Building, District Court Compound,
DEHRADUN – 248 001
STD CODE: 0135
E-mail : utr-sforum@nic.in
24
Mar/110
Mar/110
Puducherry State Consumer Disputes Redressal Commission
Puducherry State Consumer Disputes Redressal Commission,
Plot No.3, D.P. Thottam, Behind Hotel Sarguru,
Muthialpet, T.V. Nagar,
PUDUCHERRY – 605 003
STD CODE: 0413
E-mail : scdrc@pondy.pon.nic.in & pon-sforum@nic.in
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Mar/110
Mar/110
Tamil Nadu State Consumer Disputes Redressal Commission
Tamil Nadu State Consumer Disputes Redressal Commission,
Slum Clearance Board Building, II Floor, (Southern Wing), No.212,R.K. Mutt Road, Mylapore,
CHENNAI – 600 004
STD CODE: 044
E-mail : scdrc@tn.nic.in & tn-sforum@nic.in
Stat
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