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 […]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 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 […]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"