Consumer Protection: Can A 'Trust' File Consumer Complaint ? SC Refers To Larger Bench [Read Order]
5 years, 5 months ago

Consumer Protection: Can A 'Trust' File Consumer Complaint ? SC Refers To Larger Bench [Read Order]

Live Law  

The Supreme Court has referred to larger bench the issue whether a 'trust' is a 'consumer' under Consumer Protection Act so as to file complaints before the Consumer Forums? The bench comprising Justice Uday Umesh Lalit and Justice Aniruddha Bose doubted the ratio in Pratibha Pratisthan v. Manager, Canara Bank, in which it was held that a trust is not a person and therefore not a consumer. The bench comprising Justice Uday Umesh Lalit and Justice Aniruddha Bose doubted the ratio in Pratibha Pratisthan v. Manager, Canara Bank, in which it was held that a trust is not a person and therefore not a consumer and consequently, it cannot be a complainant and cannot file a consumer dispute under the provisions of the Consumer Protection Act. Referred to expressions "complainant", "consumer", and "person" in the Consumer Protection Act, the bench observed that the case of a "trust" may also come within the purview of the definition of "person" under the Act.

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History of this topic

Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer
1 day, 10 hours ago

Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer

Live Law  

The Supreme Court on Thursday ruled that to qualify as a "consumer" under the Consumer Protection Act, there must be a direct contractual relationship between the parties.A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah held that a party having no privity of contract with the service provider cannot be regarded as a consumer as per the Act.Brief. The purported …

Consumer Protection Act Protects Interest Of Consumers In “Business To Consumer Disputes”, Not For “Business To Business Disputes”, District Commission Thrissur
6 days, 14 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 …

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 …

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 …

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. …

Person Availing Bank's Service "Consumer"; Consumer Complaint Maintainable Over Dispute On Encashment Of FD : Supreme Court
2 years, 7 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 …

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 …

15 Takeaways To Ace "Consumer Fora Litigation" In India
4 years, 8 months ago

15 Takeaways To Ace "Consumer Fora Litigation" In India

Live Law  

Determination of compensation for the loss or injury suffered by a consumer on account of deficiency in service: In the matter of: Charan Singh V/s Healing Touch Hospital & Ors, 7 SCC 668, it was held that: "… While quantifying damages, Consumer Forums are required to make an attempt to serve the ends of justice so that compensation awarded, in …

Consumer Protection Act : Maintainability Of Complaint By A Trust
4 years, 10 months ago

Consumer Protection Act : Maintainability Of Complaint By A Trust

Live Law  

The Consumer Protection Act, 1986 provides protection for the interests of a 'consumer', who may allege the goods bought by her or him suffer from fault or imperfection or shortcoming in quality. The definition of 'consumer' in Section 2 of the Act begins with the five words, "consumer means any person who…". Was the purchase of flats for providing accommodation …

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 …

‘Class Action Suits’ Under Consumer Protection Act Can Be Filed For The Benefit Of All The Consumers: NCDRC (FB) [Read Order]
8 years, 5 months ago

‘Class Action Suits’ Under Consumer Protection Act Can Be Filed For The Benefit Of All The Consumers: NCDRC (FB) [Read Order]

Live Law  

The National Consumer Disputes Redressal Commission has held that a complaint under Section 12 of the Consumer Protection Act can be filed only on behalf of or for the benefit of all the consumers, having a common interest or a common grievance and seeking the same/identical relief against the same person.It has also been made clear that in a class …

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