Hirer, in a Hire-Purchase Agreement, simply pays for the use of the goods and for the option to purchase them. Until the option to purchase is exercised by Hirer, upon payment of all amounts agreed upon between Hirer and Financier, Financier continues to be owner of the goods covered by the Hire-Purchase Agreement. Till such […]
Read more "Hire-Purchase Agreement"“S. Ambika Devi entered into a tripartite agreement with M/s. Nandan Biomatrix Ltd. and its franchisee M/s. Herbz India. She purchased 750 kilograms of wet musli at the rate of Rs. 400/- per kilogram. M/s. Nandan Biomatrix Ltd was to buy back the produce at a minimum price of Rs. 1,000/- per kilogram. It […]
Read more "Harassment of Agriculturists"“By specifically enacting a provision under Sub-Section (3) of Section 13, with a specific clarification that violation of the principles of natural justice shall not be called in question where the procedure prescribed under Sub-Sections (1) and (2) of Section 13 of The Consumer Protection Act, 1986 has been followed or complied with, the intention […]
Read more "The Plea of Limitation XII: Written Statements, District Consumer Forums II"My Lord, Satoshi Nakamoto? “He still remains anonymous.” Reserve Bank of India, on 06.04.2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of The Banking Regulation Act, 1949 and Section 45JA and 45L of The Reserve Bank of India Act, 1934 and Section 10(2) read with […]
Read more "My Precious Bitcoin"“As per the Explanation to Section 12 of The Consumer Protection Act, 1986 ‘recognized consumer association’ means any voluntary consumer association registered under The Companies Act, 1956 or any other law for the time being in force. It is clear from the Explanation that only a voluntary consumer association registered under The Companies Act, 1956 […]
Read more "Section 12(1)(b) of The Consumer Protection Act, 1986"Conditions of Carriage are binding on all [Interglobe Aviation Limited v. N. Satchidanand, (2011) 7 SCC 463]. It is the primary obligation of the passenger to reach the boarding gate at least 25 minutes before the scheduled departure time. The issue arose for those with PNR: IHRNSE, expected to travel from Kolkata to Agartala on […]
Read more "The Boarding Gate"“Star India (P) Ltd. used to broadcast ‘Kaun Banega Crorepati’ between 22.1.2007 and 19.4.2007. The programme was sponsored by Bharti Airtel Limited, amongst others. During the telecast of this programme, a contest called ‘Har Seat Hot Seat’ was conducted, in which the viewers of KBC were invited to participate. An objective type question with four […]
Read more "Kaun Banega Crorepati"“Medical negligence comprises of the following constituents: (i) A legal duty to exercise due care on the part of the medical professional; (ii) failure to inform the patient of the risks involved; (iii) the patient suffers damage as a consequence of the undisclosed risk by the medical professional; (iv) if the risk had been disclosed, […]
Read more "Medical Negligence and Consumer Law II"On the night of 01.08.1998, Sapan Dhawan handed over his Maruti Zen and its keys to Taj Mahal Hotel. The Maruti Zen was stolen. United India Insurance [Vehicle-Insurer/Subsequent Subrogee] and Sapan Dhawan [Vehicle-Owner/Subsequent Subrogor] sought compensation for ‘deficiency in service’. The manner in which the Maruti Zen was stolen revealed Taj Mahal Hotel was responsible […]
Read more "Sapan Dhawan’s Stolen Maruti Zen"“The Court has to look at the dominant purpose for which the purchase is made in order to decide whether it was for a ‘commercial purpose.’ We are of the considered opinion that the purchase of flats for the purpose of providing hostel facilities to the hospital nurses does not qualify as meant for a […]
Read more "Section 2(1)(d) of The Consumer Protection Act, 1986 II"“The principal issue involved in the matter is whether a Charitable Trust could maintain an action under the provisions of The Consumer Protection Act, 1986. The reliance was placed on Pratibha Pratisthan, (2017) 3 SCC 712 to hold that a Trust would not be a ‘person’ and consequently not a ‘consumer’. The definition of ‘person’ in terms […]
Read more "Referred to Larger Bench XIX: Trusts Not Consumers"Hon’ble Judges R.F. Nariman and Indu Malhotra, on 13.07.2018, questioned the view of Hon’ble Judges D.M. Dharmadhikari and B.N. Srikrishna, as declared on 14.01.2005 [HUDA v. Sunita, (2005) 2 SCC 479]. The question was right. _____ It is established that a beneficial or remedial legislation needs ‘fair and liberal interpretation’ [Om Prakash, (2017) 9 SCC 724]. The definition of […]
Read more "Economic Adventures of Statutory Bodies"Appellant Nos. 1-44 – Builder-Buyer Agreement – Respondent/Builder. Respondent/Builder, Failed! Appellant Nos. 1-44, NCDRC, Consumer Complaint. “The National Commission concluded that the case could not be accepted as class action and dismissed the same. The dismissal of the case as class action is questioned. In T.N. Ganapathy, (1990) 1 SCC 608 it was held that […]
Read more "Class Action, Consumer Disputes"My Lord, Revision Petitions under Section 21(b) of The Consumer Protection Act, 1986 against State Commission Orders in Execution Proceedings? No. Revisional jurisdiction of NCDRC under Section 21(b) is limited to pending/disposed consumer disputes before State Commissions. Execution petitions cannot be consumer disputes. Consumer disputes don’t encompass execution proceedings. Execution proceedings are independent proceedings. State […]
Read more "Revisional Jurisdiction of NCDRC"“Araya Complex”, Sector 62, Golf Course Extension Road, Gurugram Respondent/Flat Purchaser – Apartment Buyer’s Agreement – Appellant/Builder. Appellant/Builder, Failed! Respondent/Flat Purchaser, NCDRC, Consumer Complaint. “Respondent – Flat Purchaser could not be compelled to take possession at such a belated stage. The inordinate delay in handing over possession of the flat clearly amounts to ‘deficiency of service’. A […]
Read more "Four Crore Apartment"21 March 2006, 18:30 – 20:00 Satyendra Pratap Singh entered the swimming pool of Hotel Samudra, Kovalam. All of a sudden, Satyendra Pratap Singh became unconscious and sank into the pool. The victim was pulled out of the water and was taken to hospital. He died at 21:00 on the same day. ____ NCDRC has […]
Read more "Tort of Negligence"“The Court is tasked with determining whether a death due to malaria occasioned by a mosquito bite in Mozambique, constituted a death due to accident. Debashis Bhattacharjee was working as a Manager of a Tea Factory at Cha-De-Magoma, District Gurue, Province-Zambezia, Republic of Mozambique. In order to constitute an accident, the event must be in […]
Read more "Malaria in Mozambique"“Every breach of contract gives rise to an action for damages. Innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. The aforesaid proposition remains to hold the field. This rule is more qualified when it comes to the real estate […]
Read more "The Law on Compensation for Breach of Contract III"My Lord, Consumer-Disputes are Non-Arbitrable? No. The Arbitration Act does not exclude the jurisdiction of the Consumer Forum to decide Consumer-Disputes under The Consumer Act (Skypak Couriers Ltd., (2000) 5 SCC 294). If X opts for Arbitration, it may be possible to state that X cannot, subsequently, file a Complaint under The Consumer Act. However, […]
Read more "Section 8 of The Arbitration Act VI: Arbitrable Disputes"“A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on. The only assurance which such a professional can give or can be understood to have given by implication is that he is possessed of the requisite skill […]
Read more "Medical Negligence and Consumer Law I"