Consumer Protection Act, 1986 - Section 13(2) - Casts an obligation on the District Forum to decide a complaint on the basis of the evidence brought to its notice by the Complainant and the service provider - Irrespective of whether the service provider adduces evidence or not, the decision of the District Forum has to be based on evidence relied upon by the Complainant - The onus of proof is on the Complainant making the allegation. #2020 SCeJournal 1807
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Consumer Protection Act, 1986 - Adverse inference - Agreement - Non production of - Can not be drawn unless there was allegation in the complaint of breach of the Agreement - Forum did not exercise its power under Section 13(4)(ii) to call upon the opposite party to produce the Agreement - The District Forumerred in drawing adverse inference. #2020 SCeJournal 1807
Consumer Protection Act, 1986 - It is well settled that a new case cannot be made out by way of evidence, when there are no pleadings to support the same. #2020 SCeJournal 1807
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see also:
https://www.plronline.in/index/c/consumer-protection-act-1986/#gsc.tab=0