Sapan Dhawan’s Stolen Maruti Zen

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’ from Taj Mahal Hotel. The manner in which the Maruti Zen was stolen revealed Taj Mahal […]

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Economic Adventures of Statutory Bodies

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 […]

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Class Action, Consumer Disputes

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 […]

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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 – 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 […]

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