BANANI SIKDAR
24 December 2008 at 11:34
My car was hit by another car from the back side. The insurance company has paid part of the damages incured.Their contention is that as per the calculation they are liable to pay only to the limited amount of the total damaged incured. My query is that can I claim the remaing part from the owner of the car who have hit my car against whom an FIR is already filed.If so under which provisions and what are the other alternative remidies to indemnify the part of losses which has not been paid by my insurance company.
M. PIRAVI PERUMAL
23 December 2008 at 19:43
The Consumer Protection Act, 1986
The Consumer Protection Act, 1986 was enacted for better protection of the interests of consumers. All the provisions of the Act have come into force from 1 July 1987.
The Act was amended in 1991 and 1993. To make the Consumer Protection Act more functional and purposeful, a comprehensive amendment was carried out in December 2002 and brought into force from 15 March 2003. As a sequel, the Consumer Protection Rules, 1987 were also amended and notified on 5 March 2004. The salient features of the Act are: (I) it applies to all goods and services unless specifically exempted by the Central Government; (ii) it covers all the sectors whether private, public, and cooperative or any person. The provisions of the Act are compensatory as well as preventive and punitive in nature; (iii) It enshrines the following rights of consumers: (a) right to be protected against the marketing of goods and services which are hazardous to life and property; (b) right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices; (c) right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d) right to be heard and to be assured that consumers' interests will receive due consideration at the appropriate fora; (e) right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education; (iv) The Act also envisages establishment of Consumer Protection Councils at the central, state and district levels, whose main objectives will be to promote and protect the rights of consumers; (v) To provide a simple, speedy and inexpensive redressal of consumer grievances, the Act envisages a three-tier quasi-judicial machinery at the national, state and district levels. These are: National Consumer Disputes Redressal Commission known as National Commission, State Consumer Disputes Redressal Commissions known as State Commissions and District Consumer Disputes Redressal Forum known as District Forum; and (vi) the provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
At present there are 35 State Commissions, one in each State/UT and 571 district fora besides the National Commission. The state governments are responsible to set up the district fora and the State Commissions. States have been empowered to establish additional District Forum and also additional members in the State Commission to facilitate constituting benches and also for holding circuit benches. The Central Government is required to set up the National Commission. It has been empowered to appoint additional members to facilitate creation of more benches and holding of circuit benches. The second bench of the National Commission started functioning from 24 September 2003. The government is monitoring the disposal of cases by the consumer courts through National Commission. Since its inception and up to March 2004, 32,910 cases were filed out of which 24,974 cases disposed of in the National Commission. Similarly 3,01,485 cases were filed and 1,97,797 cases disposed of in the State Commissions and 18,86,236 cases were filed and 16,46,698 cases disposed of in the district fora. Overall 18,69,469 cases have been disposed of out of 22,20,631 cases filed with a remarkable disposal rate of 84.2 per cent.
The government has declared 24 December as 'National Consumer Day', since the President gave his assent on that day to the enactment of the historic Consumer Protection Act, 1986. Besides this 15 March is observed as 'World Consumer Rights Day' every year.
praveen
23 December 2008 at 19:42
I have deposited Rs20000/- on 10/01/1994 for priority registration of a car with the manufacturing company's authorized dealer. The company claims to have send me a RECEIPT-CUM PRIORITY CARD(RCPM) but the same i have not received but the company says it had dispatched the card on 11/08/1995. This month i have sent an email to the company to give back my advance with reasonable interest, it had replied "As of today, as per our records, the booking remains unclaimed and treated it as lapsed claim.Now the amount claimed is barred by law of limitation and the company is not liable to refund the money."
Now can i claim the refund please suggest and how to go ahead and claim the advance money deposited
Anand Paleja
23 December 2008 at 12:31
is there any limit for allotment of shares to subscribers on incorporation and for issue of share certificates and can the shares be allotted to subscriber on incorporation at premium rather then on face value.
kk
22 December 2008 at 19:23
A man created an HUF forty five years ago consisting of himself his wife and two sons.he puts his house under huf.twentyfive years ago that man died leaving behind wife and two sons.
can wife give her share of property in huf to only one son.
because after fathers death it was oraly decieded that both sons will get 50% share.But know after the death of mother younger son with whom mother was staying at the time of death says that house will be divided in three share and he will take two shares and elder son will get one.as this his mother wanted and gave him in writting that her share younger son will get.
Is this thing legal.will the elder son has to go with one third share.
Md Amjad Ali
22 December 2008 at 12:47
Please some one, send this massage to the Adiministrator of this website to update their site of Bare Act, so that we can avail the facility of Bare Act.
Please do it for me, I don't how to send massage to the Adiministrator
kanwar Lal
20 December 2008 at 18:24
What's the profile/working of Asst Disst Attorney?
Is this permanent post or temporary post?
Atul Vachharajani
20 December 2008 at 02:54
A company having about 20000 shareholders do noy have its records of register of members as it was non functional for almost a decade. The R&T Agent has also closed down during the said period.
What s the legal way to recreate the list of shareholders?
Expert advice of seniors is solicited.
Atul V.
vacss.mail@gmail.com
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determination of stamp duty
Certain debentures were issued from Gujrat, Delhi & Daman. These debentures need to be trnasferred from Transferor to Transferee. Both Trnasferor and Transferee are based in Mumbai, though the Companies Issued debentures are in are in different states as mentioned.
While trnasferring the debentures how the stamp duty has to be arrived at ? Which stamp Act need to be referred to? The duty would be applicable as per the state in which execution of instrument (transfer deed), i.e. mumbai, was carried out or the place of the regd office of the Issuers?