Supreme Court judge criticises Centre for ignoring consumer courts
12 years ago

Supreme Court judge criticises Centre for ignoring consumer courts

The Hindu  

Assailing the government for ignoring the demands of consumer courts for better infrastructure and staff, a Supreme Court judge on Thursday said if the consumers were to claim a “deficiency in service” on the part of the courts, then the government will be in trouble. Thomas and Special Secretary in Department of Consumer Affairs, the judge stressed that “access to justice” was a basic tenet and if consumer courts denied that to consumers for want of logistics, then consumers could haul up the courts on the ground of deficiency in service. “ Jago grahak jago, the government advertises, but it is time that the government wakes up from slumber.” Commenting on the observation of Mr. Thomas in his presidential address that media allow themselves to be misused through “misleading ads about beauty products and tonics,” Mr. Thakur said, “If you are worried about the media then when you give subsidised newsprint to the media why cannot you put a requirement for them to carry free ads on social issues such as drugs, dowry, consumer rights and so on. Urging them to utilise the financial assistance provided by the Centre to strengthen consumer protection mechanism in their States/UTs, he asked them to ensure that consumer fora were “consumer friendly” and “do not become like civil courts with litigations terrorising consumers from approaching them.”

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History of this topic

Consumer Protection Act Protects Interest Of Consumers In “Business To Consumer Disputes”, Not For “Business To Business Disputes”, District Commission Thrissur
5 days, 21 hours ago

Consumer Protection Act Protects Interest Of Consumers In “Business To Consumer Disputes”, Not For “Business To Business Disputes”, District Commission Thrissur

Live Law  

The District Consumer Disputes Redressal Commission, Thrissur presided by Sri. Ram Mohan R. dismissed a complaint filed by Astra Bio Science Ltd seeking refund from M/s Rita Pad Printing Systems for a machine that was not delivered even though the terms and conditions specified the delivery time as 70 days. The Bench held that the Consumer Protection Act was meant …

Agent Does Not Come Under The Ambit Of 'Consumer' : Delhi State Commission
3 months, 2 weeks ago

Agent Does Not Come Under The Ambit Of 'Consumer' : Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that an agent shares a relationship with the principal and this role is excluded from the definition of 'Consumer'. The complainant alleged deficiency in service and unfair trade practices by the OP, prompting him to file a complaint before the District Commission. Observations by the State Commission …

SC reaffirms doctors’ accountability under Consumer Protection Act
4 months, 2 weeks ago

SC reaffirms doctors’ accountability under Consumer Protection Act

Hindustan Times  

The Supreme Court on Thursday dismissed a request to revisit its landmark 1995 judgment, which had classified medical services under the Consumer Protection Act and held that healthcare providers, including doctors and hospitals, could be held accountable under the Act for service deficiencies. Considering the “sui generis ” nature of services lawyers provide in making the judicial system efficient, effective …

Supreme Court Refuses To Reconsider Judgment Which Brought Doctors Under Consumer Protection Act, Says Reference Was Unnecessary
4 months, 2 weeks ago

Supreme Court Refuses To Reconsider Judgment Which Brought Doctors Under Consumer Protection Act, Says Reference Was Unnecessary

Live Law  

The Supreme Court today refused to reconsider the 1995 judgment in Indian Medical Association v VP Shantha, which held that medical professionals come within the ambit of the Consumer Protect Act, 1986.The Court disposed of a reference made against the decision, saying that it was unnecessary. The Supreme Court today refused to reconsider the 1995 judgment in Indian Medical Association …

Medical Beneficiaries Of Railway Hospital Fall Within Definition of 'Consumer': Delhi State Commission Remands Matter Back To District Commission
9 months ago

Medical Beneficiaries Of Railway Hospital Fall Within Definition of 'Consumer': Delhi State Commission Remands Matter Back To District Commission

Live Law  

The Delhi State Consumer Disputes Redressal Commission bench of Justice Sangita Dhingra Sehgal and Pinki held that the medical beneficiaries of the Railway Hospital fall within the definition of the consumer under the Consumer Protection Act, 2019. In response to the District Commission's decision, the Complainant filed an appeal in the Delhi State Consumer Disputes Redressal Commission and argued that …

No Case Under Consumer Protection Law Against Lawyers, Says SC
10 months, 1 week ago

No Case Under Consumer Protection Law Against Lawyers, Says SC

Deccan Chronicle  

New Delhi: In a significant ruling, the Supreme Court on Tuesday held that lawyers did not come under the purview of the Consumer Protection Act and hence could not be tried for "deficiency in service" before consumer courts. The top court said the very purpose and object of the Consumer Protection Act, 1986 as re-enacted in 2019 was to provide …

Supreme Court exempts lawyers from liability under Consumer Protection Act. Doctors next?
10 months, 1 week ago

Supreme Court exempts lawyers from liability under Consumer Protection Act. Doctors next?

Live Mint  

New Delhi: The Supreme Court ruled on Tuesday that advocates cannot be held liable under the Consumer Protection Act of 1986 for deficiency in service. The court also indicated that its 1996 decision that held medical professionals accountable under the Consumer Protection Act may need to be revisited. This judgement arose from a writ petition filed amid increasing legal disputes …

Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court
10 months, 1 week ago

Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court

Live Law  

In an important ruling relating to consumer protection law, the Supreme Court on Friday set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.Affirming the decision of the National. In an important …

SCAORA Decides To Intervene In Supreme Court Case Regarding Advocates' Liability Under Consumer Protection Act
1 year, 1 month ago

SCAORA Decides To Intervene In Supreme Court Case Regarding Advocates' Liability Under Consumer Protection Act

Live Law  

The Supreme Court Advocates-on-Record Association has decided to intervene in an ongoing matter where the Supreme Court is deciding whether Advocates would come under the ambit of the Consumer Protection Act, 1986. Essentially, the crucial point being examined by the Top Court is whether services rendered by the lawyers are covered under Section 2 of the Consumer Protection Act, which …

Lawyer Assisting A Sovereign Function, Can't Be Brought Under Consumer Protection Act : Argument Before Supreme Court
1 year, 1 month ago

Lawyer Assisting A Sovereign Function, Can't Be Brought Under Consumer Protection Act : Argument Before Supreme Court

Live Law  

Today, the Supreme Court resumed its hearing on the crucial point of whether services rendered by the lawyer would come within the ambit of the Consumer Protection Act of 1986. At the outset, the Counsel explained that the Consumer Protection Act was conceived from a different perspective, with commercial activity on one side and poor individual litigants on the other. …

Deficiency In Hair Treatment Service, An Health Care Service Still Covered Under Amended Consumer Protection Act., Delhi State Commission
1 year, 3 months ago

Deficiency In Hair Treatment Service, An Health Care Service Still Covered Under Amended Consumer Protection Act., Delhi State Commission

Live Law  

The Delhi State Consumer Disputes Redressal Commission bench comprising Justice Sangita Dhingra Sehgal and Ms. Pinki dismissed an appeal challenging the validity of 'healthcare' services being included in the ambit of 'services' under Section 2 of the Consumer Protection Act, 2019. Following discussions with OP-1 Dr. Monica Gogia, the complainant opted for a treatment plan with a 95% guarantee, involving …

Amend Consumer Protection Rules On Appointment Process Of Commission Members Within 3 Months : Supreme Court To Centre, States
2 years ago

Amend Consumer Protection Rules On Appointment Process Of Commission Members Within 3 Months : Supreme Court To Centre, States

Live Law  

The Supreme Court, on Tuesday, observed that the direction in Secretary, Ministry of Consumer Affairs v. Dr.Mahindra Bhaskar Limaye And Ors. that, the Central and State Governments are required to make certain amendments to the Consumer Protection Rules, 2020 pertaining to the appointment process at the Consumer Dispute fora is to be carried out on an urgent basis, preferably within …

Person Availing Bank's Service "Consumer"; Consumer Complaint Maintainable Over Dispute On Encashment Of FD : Supreme Court
2 years, 6 months ago

Person Availing Bank's Service "Consumer"; Consumer Complaint Maintainable Over Dispute On Encashment Of FD : Supreme Court

Live Law  

The Supreme Court has observed that the consumer complaint in a dispute regarding premature encashment of Joint Fixed Deposit by bank in contravention of the terms and conditions is maintainable.A person who avails of any service from a bank will fall under the purview of the definition of a 'consumer' within the meaning of the Consumer Protection Act. The Supreme …

Health Care Services Provided By Doctors Covered Under Consumer Protection Act 2019 : SC
2 years, 10 months ago

Health Care Services Provided By Doctors Covered Under Consumer Protection Act 2019 : SC

Live Law  

The Supreme Court on Friday refused to interfere with a Bombay High Court judgment which held that doctors and healthcare services are not excluded from the ambit of the Consumer Protection Act 2019. A division bench of the High Court had observed that "the mere repeal of the 1986 Act by the 2019 Act, without anything more, would not result …

Abolish Consumer Protection Act If Commission Vacancies Can't Be Filled : Supreme Court Expresses Anguish
3 years, 4 months ago

Abolish Consumer Protection Act If Commission Vacancies Can't Be Filled : Supreme Court Expresses Anguish

Live Law  

The Supreme Court on Friday expressed anguish at the mounting vacancies in the consumer commissions. A Bench of Justice Sanjay Kishan Kaul and M.M Sundresh made the above observations while considering the suo-motu case taken by it to deal with the vacancies in Consumer Commissions across the country. "This is not only central, but at the state-level Expressing his displeasure …

Consumer Complaint Not Maintainable Against Power Distributor For Raising Additional Bill Due To Short Assessment : Supreme Court
3 years, 5 months ago

Consumer Complaint Not Maintainable Against Power Distributor For Raising Additional Bill Due To Short Assessment : Supreme Court

Live Law  

The Supreme Court has held that a consumer complaint is not maintainable against a power distributor for raising an additional bill on account of short-assessment. A bench comprising Justices Hemant Gupta and V Ramasubramanian agreed with the finding of the National Consumer Disputes Redressal Commission that the raising of additional bill did not amount to "deficiency in service" as defined …

SC to Centre: Fill up vacancies in consumer forums
3 years, 7 months ago

SC to Centre: Fill up vacancies in consumer forums

Deccan Chronicle  

New Delhi: The Supreme Court ordered all states and Union territories on Wednesday to fill up the vacancies in the state and district consumer dispute redressal forums within eight weeks, saying: “We are not giving any extensions. Enough time was given to set the houses in order.” Setting the eight-week deadline to fill all vacancies in these forums, a bench …

All Consumer Complaints Filed Before CPA 2019 Should Be Heard By Fora As Per Pecuniary Jurisdiction Under CPA 1986 : Supreme Court[Read Judgment]
4 years ago

All Consumer Complaints Filed Before CPA 2019 Should Be Heard By Fora As Per Pecuniary Jurisdiction Under CPA 1986 : Supreme Court[Read Judgment]

Live Law  

In a significant verdict, the Supreme Court on Tuesday held that consumer complaints filed before the coming into effect of the Consumer Protection Act 2019 should continue in the fora in which they were filed as per the pecuniary jurisdiction under the previous Consumer Protection Act of 1986.A bench comprising Justices DY Chandrachud and MR Shah set aside the directions. …

Consumer Commissions Are Set Up For Giving Quick Relief: SC Criticizes NCDRC For An Year Long Delay In Assigning Reasons To Dismiss Appeal [Read Order]
5 years, 4 months ago

Consumer Commissions Are Set Up For Giving Quick Relief: SC Criticizes NCDRC For An Year Long Delay In Assigning Reasons To Dismiss Appeal [Read Order]

Live Law  

The Supreme Court, last month, criticized the National Consumers Disputes Redressal Commission for its long delay in assigning reasons for dismissing an appeal.The Commission, in this case, in its order dismissing an appeal stated that a reasoned judgment will follow. But the Court found that no such reasoned judgment followed even after a year lapsed. The Supreme Court, last month, …

Maintainability Of Home Buyers' Complaint Before Consumer Fora After Enactment Of RERA: Delhi HC To Decide [Read Order]
5 years, 8 months ago

Maintainability Of Home Buyers' Complaint Before Consumer Fora After Enactment Of RERA: Delhi HC To Decide [Read Order]

Live Law  

The Delhi High Court will consider the maintainability of complaints filed by Home Buyers before the Consumer Forums after enactment of the Real Estate Act, 2016. Before the National Consumer Disputes Redressal Commission, Today Homes & Infrastructure Pvt Ltd., objected to maintainability of complaints filed by some home buyers contending that section 79 of. Before the National Consumer Disputes Redressal …

Healthcare to be out of consumer courts
5 years, 8 months ago

Healthcare to be out of consumer courts

Deccan Chronicle  

Healthcare services may be removed from the list of services in the Consumer Protection Bill 2018 that will be presented in Parliament. However, lawyers say that the medical profession is still considered a ‘service’ and so consumers can lodge complaints against deficiency of this service in the consumer court. Advocate Gouri Shanker, who practises in the Consumer Court in Hyderabad, …

New Consumer Protection Bill must reflect the changing times
5 years, 9 months ago

New Consumer Protection Bill must reflect the changing times

Hindustan Times  

During the last days of his tenure as the union minister for consumer affairs in the previous Modi government, Ram Vilas Paswan had expressed regret that the much awaited Consumer Protection Bill, 2018, meant to replace the existing consumer protection law of 1986, could not be passed by both Houses of Parliament. The Bill, for example, does not address the …

Consumer Protection Bill 2018: Stepping Up Efforts to Resolve Consumer Disputes
7 years, 2 months ago

Consumer Protection Bill 2018: Stepping Up Efforts to Resolve Consumer Disputes

Live Law  

The Consumer Protection Bill of 2018 aims to streamline the consumer dispute redressal process by establishing a Central Consumer Protection Authority. The Authority will have the power to investigate and take action against misleading advertisements, unfair contracts, and defective products and services. It will also have the authority to impose penalties, including fines and imprisonment, for violations of consumer rights. …

Highlights Of Consumer Protection Bill-2018 [Read Bill]
7 years, 2 months ago

Highlights Of Consumer Protection Bill-2018 [Read Bill]

Live Law  

Although the working of the consumer dispute redressal agencies under the Consumer Protection Act of 1986 has served the purpose of the legislation to a considerable extent, the disposal of cases has not been fast due to various constraints. The main features of the Bill are as follows: Central Consumer Protection Authority With a view to fill the institutional void …

Consumer Protection; Bar Of Limitation Cannot Be Strictly Construed To The Disadvantage Of Consumer: SC [Read Judgment]
7 years, 11 months ago

Consumer Protection; Bar Of Limitation Cannot Be Strictly Construed To The Disadvantage Of Consumer: SC [Read Judgment]

Live Law  

In a significant judgment Supreme Court on Friday held that provision of limitation in the Consumer Protection Act cannot be strictly construed to disadvantage a consumer.As per Section 24A of the Consumer Protection Act.1986 the District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on …

Consumer Protection; Bar Of Limitation Cannot Be Strictly Construed To The Disadvantage Of Consumer: SC [Read Judgment]
7 years, 11 months ago

Consumer Protection; Bar Of Limitation Cannot Be Strictly Construed To The Disadvantage Of Consumer: SC [Read Judgment]

Live Law  

In a significant judgment Supreme Court on Friday held that provision of limitation in the Consumer Protection Act cannot be strictly construed to disadvantage a consumer.As per Section 24A of the Consumer Protection Act.1986 the District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on …

Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HC [Read Judgment]
8 years, 2 months ago

Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HC [Read Judgment]

Live Law  

Remedy available to the consumer under the Consumer Protection Act is an additional remedy, the high court observed.The Chhattisgarh High Court has held that the remedy available to the consumer under the Consumer Protection Act is an additional remedy. Remedy available to the consumer under the Consumer Protection Act is an additional remedy, the high court observed. The Chhattisgarh High …

Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HC [Read Judgment]
8 years, 2 months ago

Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HC [Read Judgment]

Live Law  

Remedy available to the consumer under the Consumer Protection Act is an additional remedy, the high court observed.The Chhattisgarh High Court has held that the remedy available to the consumer under the Consumer Protection Act is an additional remedy. Remedy available to the consumer under the Consumer Protection Act is an additional remedy, the high court observed. The Chhattisgarh High …

‘Consumer welfare a neglected area’
11 years, 10 months ago

‘Consumer welfare a neglected area’

The Hindu  

The concept of consumer protection by means of enacting laws through organisations designed to ensure the rights of consumers as well as fair trade competition and the free flow of truthful information in the marketplace is conspicuously missing in Krishna district. Pointing to the mushrooming push carts loaded with junk food along the main roads, he said the fact that …

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