“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"“This appeal is directed against the Final Judgment and Order dated 01.09.2009 passed by The National Consumer Disputes Redressal Commission in First Appeal No. 93 of 2004 whereby the National Commission allowed the appeal and set aside the Order dated 19.01.2004 of The State Commission, West Bengal, Kolkata. A surgeon cannot and does not guarantee […]
Read more "Medical Negligence and Consumer Law I"“In a dispute concerning a consumer, it is necessary for the Courts to take a pragmatic view of the rights of the consumer principally since it is the consumer who is placed at a disadvantage vis-à-vis the supplier of services or goods. It is to overcome this disadvantage that a beneficent legislation in the form […]
Read more "The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986"My Lord, Can a complaint be filed by a Trust under the provisions of The Consumer Protection Act, 1986? “A reading of the definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ makes it clear that a Trust cannot invoke the provisions of the Act in respect of any allegation on the basis of which a […]
Read more "Trusts not Consumers"My Lord, Does a clarificatory amendment by nature have retrospective effect? Yes. “An Explanation was added by the Consumer Protection (Amendment) Act, 1993 to the definition of the expression ‘consumer’, under Section 2(1)(d) of The Consumer Protection Act, 1986. In Laxmi Engineering Works, (1995) 3 SCC 583 the consumer complaint in question was filed before […]
Read more "Section 2(1)(d) of The Consumer Protection Act, 1986"My Lord, Is a second complaint to a District Forum under The Consumer Protection Act, 1986 maintainable when the first complaint has been dismissed for default or non-prosecution? Yes. See, New India Assurance, (2000) 3 SCC 242. “The rule of prohibition contained in Order 9 Rule 9(1) CPC cannot be extended to the proceedings before the […]
Read more "Second Complaints to District Consumer Forums"