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 […]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 – 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 […]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"
“A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on. The only assurance which such a professional can give or can be understood to have given by implication is that he is possessed of the requisite skill […]Read more "Medical Negligence and Consumer Law I"
“The provision of limitation in The Consumer Protection Act, 1986 cannot be strictly construed to disadvantage, where a supplier of goods or services itself is instrumental in causing a delay in the settlement of the claim.” – Hon’ble Justice Madan B. Lokur, National Insurance v. Hindustan Safety Glass Works Ltd., [Civil Appeal No. 3883 of […]Read more "The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986"
My Lord, Complaint by a Trust under 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 ‘complaint’ could be made. It is clear […]Read more "Trusts Not Consumers"
My Lord, Clarificatory Amendments – 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 adding of the said […]Read more "Section 2(1)(d) of The Consumer Protection Act, 1986 I"
My Lord, First Complaint when Dismissed for Default or Non-Prosecution, Second Complaint to a District Forum under The Consumer Protection Act, 1986 is Maintainable? Yes. New India Assurance, (2000) 3 SCC 242. “The rule of prohibition contained in Order 9, Rule 9(1) of CPC cannot be extended to the proceedings before the District Forum or the […]Read more "Second Complaints to District Consumer Forums"
As per Section 13(2)(a) of The Consumer Protection Act, 1986 the period of limitation for filing a written statement before a District Forum is 45 days. In J.J. Merchant, (2002) 6 SCC 635 the question arose whether the Forum can grant time beyond 45 days to the opposite party for filing its version. The Three-Judge Bench answered […]Read more "The Plea of Limitation V: Written Statements, District Consumer Forums I"
May 2, 2012 Once evidence stands concluded and arguments on merit are heard, then keeping in view the ends of justice, it is incumbent upon District Consumer Forums to issue notice of an application, for withdrawal of the complaint, to the opposite party, before passing any order thereon. British Airways v. Anish Setia, First Appeal No. […]Read more "Withdrawal of Consumer Complaints"
Consumer Tribunals are creatures of a statute and derive their power from the express provisions of that statute. It is now settled law that District Consumer Forums and State Commissions have no power to recall or review their own orders [(2011) 9 SCC 541]. There is no provision in The Consumer Protection Act, 1986 granting […]Read more "Powers of Review of NCDRC"
As per the Second Proviso to Section 19 of The Consumer Protection Act, 1986, no appeal by a person, who is required to pay any amount in terms of an order of a State Consumer Disputes Redressal Commission, shall be entertained by the National Consumer Disputes Redressal Commission unless the appellant deposits, in the prescribed […]Read more "Section 19 of The Consumer Protection Act, 1986"
Previously, the Government of India monopolized broadcasting. Hon’ble Justice P.B. Sawant in Cricket Association of West Bengal v. Union of India, (1995) 2 SCC 161 however wrote: “Broadcasting is a means of communication and, therefore, a medium of speech and expression. Hence in a democratic polity, neither any private individual, institution or organization nor any […]Read more "Advertising Standards Council of India, Skin Whitening Products Category"