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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Tort of Negligence

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 […]

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Malaria in Mozambique

“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 […]

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The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986

“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 […]

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Trusts Not Consumers

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 […]

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The Plea of Limitation V: Written Statements, District Consumer Forums I

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 […]

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Withdrawal of Consumer Complaints

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. […]

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Powers of Review of NCDRC

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 […]

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Advertising Standards Council of India, Skin Whitening Products Category

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 […]

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