Saturday, July 17, 2010

CASE LAW : CONSUMER PROTECTION

### CONSUMER COMPANY HAS RIGHT TO PAY ELECTRICITY DUES ONLY ON THE BASIS OF METRE READING NOT AS PER LOAD ,IF THE COMPANY HAS PRIVIOUSLY APPLIED TO MINIMISE THE LOAD .THIS IS THE VIEWOF ALLAHABAD HIGH COURT.


### NON SUPPLY OF ELECTRICITY WITHIN THE PRESCRIBED PERIOD TO CONSUMER IS LACK OF SERVICES ON PART OF ELECTRICITY DEPTT. SUPREME COURT HELD THAT ELECTRICITY DEPTT. IS RESPONSIBLE FOR COMPENSATION.


### VARIOUS HIGH COURTS AND NATIONAL COMMISSION HELD IN MANY CASES THAT THE GOVT. AND DEPARTMENTS ARE DUTY BOUND AND RESPONSIBLE TO PAY ALL BALANCED MONEY / PAYMENT REGARDING PRAVIDENT FUND ETC.WITHIN REASONABLE TIME. IN CASE OF NON PAMENT OR LATE PAYMENT , THEY WILL BE RESPONSIBLE FOR SUCH PAYMENT WITH INTEREST AND COMPENSATION.


### IF ANY RAIL PASSANGER FELLDOWN AND INJURED DUE TO CROWED OF OTHER PASSENGERS OR ANY LOSS OF GOODS OF PASSENGERS OCCUR BY THEFT OR OTHER CRIMINAL ACTIVITY,RAILWAY AUTHORITIES ARE LIABLE TO PAY COMPENSATION .THIS VIEW IS GIVEN BY HIGH COURTS AND NATIONAL COMMISSION.


### NON ISSUANCE OF PASS BOOK BY POSTAL DEPARTMENT AFTER TAKING MONEY, IS LACK OF SERVICES ON PART OF POSTAL DEPTT. NATIONAL COMMISSION PASSED AN ORDER TO PAY COMPENSATION.


### IF ANY PERSON OR ANIMAL INJURED OR DIED DUE TO MIS HANDLING OF ELECTRIC WIRING, ELECTRICITY DEPTT. IS RESPONSIBLE TO PAY COMPENSATION . THIS VIEW IS OF ALLAHABAD HIGH COURT.


#### SUPPLY OF NON HIGHGENIC AND UNHEALTHY FOOD MATERIAL TO ITS PASSANGERS BY AIRWAYS COMPANY, IS LACK OF SERVICES AND NEGLIGENCY . NATIONAL COMMISSION PASSED AN ORDER FOR COMPRNSATION. .


#### IF THE INJURED OR DEAD DRIVER OF A VEHICLE HAS NO VALID LICENCE AT THE TIME OF ACCIDENT, INSURANCE COMPANY IS NOT LIABLE TO PAY ANY AMOUNT TO SUCH PERSON THIS VIEW IS GIVEN BY ALLAHABAD HIGH COURT.


### LEAKAGE OF WATER IN VEHICLE DUE TO THE DEFECTIVE GLASS IS LACK OF SERVICES.NATIONAL COMMISSION HELD THAT MANUFACTIRING COMPANY IS RESPONSIBLE FOR LOSS AND COMPENSATION TO CONSUMER.


### CANCELLATION OF CONFIRM TICKET BY AIRWAYS COMPANY WITHOT ANY REASION AND INFIOMATION TO PASSANGER IS LACK OF SERVICES ON PART OF COMPANY. HIGH COURT / NATIONAL COMMISSION HELD THAT COMPANY IS RESPONSIBLE TO REFUND THE MONEY WITH COMPENSATION.


### NON PAYMENT OF AMOUNT OF KISAN VIKAS PATRA ON MATURITY IS LACK OF SERVICE ON PART OF POSTAL DEPARTMENT.NATIONAL COMMISSION HELD THAT POST OFFICE IS LIABLE TO PAY THE AMOUNT WITH INTEREST.


#### IN CASE OF NON DELIVERY OF BOOKED CONSIGNMENT OR DENY TO MAKE PAMENT IN LUE OF COST OF GOODS OF CONSIGNMENT, TRANSPORT COMPANY IS LIABLE FOR COMPENSATION. THIS IS THE VIEW OF NATIONAL COMMISSION.


### IF ANY LOSS , INJURY OR DEATH OF A PERSON OCCURED DUE TO DEFECTED REGULATOR OR GAS CYLENDER , GAS AGENCY IS RESPONSIBLE FOR COMPENSATION TO THE AFFECTED PERSON OR HIS FAMILY.THIS VIEW IS OF ALLAHABAD HIGH COURT.


*** PRAMOD KUMAR AGRAWAL, ADVOCATE, MEMBER: HIGH COURT BAR ASSOCIATION, ALLAHABAD.

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