Class Action, Consumer Disputes

Appellant Nos. 1-44 entered Builder-Buyer Agreement with Respondent; Respondent-Builder, failed; Appellant Nos. 1-44 filed 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 […]

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Revisional Jurisdiction of NCDRC

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 […]

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Four Crore Apartment

“Araya Complex”, Sector 62, Golf Course Extension Road, Gurugram Respondent – Flat Purchaser entered Apartment Buyer’s Agreement with Appellant – Builder. Appellant – Builder, failed. Respondent – Flat Purchaser filed 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 […]

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Tort of Negligence

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 […]

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Malaria in Mozambique

“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 […]

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