“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"
“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"