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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
Manager Director and CEO, ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Noorunissa – Respondent
| Table of Content |
|---|
| 1. the tds amount not remitted led to the complaint under consumer protection. (Para 2) |
| 2. jurisdictional arguments regarding the nature of services availed by the complainant. (Para 3 , 4 , 5) |
| 3. wide definition of 'consumer' includes beneficiaries; jurisdiction issues require appellate resolution. (Para 6 , 7 , 8 , 9 , 10) |
| 4. revision petition dismissed, with an open option for appeal. (Para 11 , 12) |
ORDER :
N. SATHISH KUMAR, J.
Challenging the order passed by the District Consumer Forum, the instant CRP has been filed invoking Article 227 of the Constitution of India.
2. Brief background of the case is as follows:
2.a. The respondent/complainant has filed a complaint directing the opposite party/revision petitioners to return the TDS amount of Rs.1,37,796/- with interest at 12% ffrom 20.01.2021 to till the date of payment, a compensation of Rs.10,000/- towards mental agany, Rs.2000 towards cost of the legal notice and Rs.5000 towars cost of litigation.
2.b. The complainant met with the road accident on 27.10.2012 and in that accident, her left hands is totally spoiled with grevious injury. Therefore, she filed MCOP.No.520 of 2019 before the Special Sub Court No.II (MACT C
The definition of 'consumer' under the Consumer Protection Act includes beneficiaries, affirming the jurisdiction of the District Consumer Forum in insurance claims, and suggesting appeal as the prop....
The High Court's jurisdiction under Article 227 is limited and should only intervene in cases of clear jurisdictional errors.
(1) CPC – It is pertinent to note that, S.13(4) of the old Act as well as S.38(9) of the new Act does not have any mention as to the applicability of S.9A of the C.P.Code to the proceedings before th....
Revision cannot be maintained under Article 227 when an alternative remedy via appeal exists under the Consumer Protection Act.
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