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 Court has held that the remedy available to the consumer under the Consumer Protection Act is an additional remedy. Referring to provisions in the Consumer Protection Act and the dictum in Trans Mediterranean Airways v. Universal Exports, the court observed that the remedy available to the consumer under the Act of 1986 is an additional remedy and other remedies available to the consumer under the other statutory law would not bar the consumer to avail of the remedy available under the provision of the Consumer Protection Act as such the district forum committed an illegality in rejecting the complaint filed by the petitioner on the ground of availability of alternative remedy under Section 7-B of the Telegraph Act.

Consumer Protection Court High Act Available Additional Read Judgment Judgment Remedy Read Judgment Remedy statutes rejected consumer additional chhattisgarh statutory hc citing forum act court available complaints high protection read judgment remedy

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

1 week, 1 day 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 …

Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC

1 month, 1 week ago

Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC

Live Law

The Kerala High Court has ruled that the State Consumer Disputes Redressal Commission cannot dismiss a complaint for default or non-prosecution. The Court thus held that the State Consumer Disputes Redressal Commission is obliged to decide the complaint on merits, and cannot dismiss it on default or for non-prosecution. In the facts of the case, the petitioner filed a complaint …

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India

8 months ago

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India

Live Law

The Supreme Court, in M. Hemalatha Devi and Ors. The SC delved in deliberation regarding the conflict caused due to the interplay between the 1980 Act and arbitration proceedings in Fair Air Engineers Ltd. v. N. K. Modi, 6 SCC 385 wherein SC noted that, considering the purpose of the 1980 Act which is for relieving the consumer from the …

Consumer And Criminal Proceedings Are Distinct From Each Other with Respective Jurisdictions: NCDRC

9 months, 3 weeks ago

Consumer And Criminal Proceedings Are Distinct From Each Other with Respective Jurisdictions: NCDRC

Live Law

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the compensation granted by the consumer commission is not akin to a criminal sentence or punishment. Unlike criminal courts, which demand proof beyond a reasonable doubt for culpable offenses, consumer complaints about service deficiencies or unfair trade practices operate under different legal standards. Criminal courts operate …

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 …

Misuse Of Consumer Protection Act Can’t Be Allowed, Namakkal District Commission Imposes Rs. 20k Penalty On The Complainant For Filing Vexatious Complaint

1 year, 5 months ago

Misuse Of Consumer Protection Act Can’t Be Allowed, Namakkal District Commission Imposes Rs. 20k Penalty On The Complainant For Filing Vexatious Complaint

Live Law

Recently, the District Consumer Disputes Redressal Commission, Namakkal bench comprising of Dr Thiru v. Ramaraj and Thiru A.S. Rathinasamy imposed Rs. Aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Namakkal. Upon reviewing the evidence and statements, the District Commission found that the complainant had indeed visited the post office and completed the transactions, including …

Govt to mediate between realtors, buyers to settle real estate disputes

1 year, 11 months ago

Govt to mediate between realtors, buyers to settle real estate disputes

Hindustan Times

Booked an apartment but have yet to move in because of a long delay in completion of the project? India passed an updated law, the Consumer Protection Act, 2019, which provides for a three-tier quasi-judicial mechanism to redress consumer disputes -- district, state commissions and national commissions. The ministry will hold a stakeholder conference in Mumbai on Tuesday comprising buyers, …

Supreme Court Annual Digest 2022- Consumer Protection Law

2 years, 2 months ago

Supreme Court Annual Digest 2022- Consumer Protection Law

Live Law

Consumer Law Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Ltd. v. New India …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations

2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations

Live Law

Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Indian Oil Corporation Ltd. v. Shree …

National Consumer Commission's Appellate Order Can Be Challenged Before High Court Under Article 227 : Supreme Court

2 years, 10 months ago

National Consumer Commission's Appellate Order Can Be Challenged Before High Court Under Article 227 : Supreme Court

Live Law

The Supreme Court has held that an order passed by the National Consumer Disputes Redressal Commission in appeal under Section 58 of the Consumer Protection Act 2019 can be challenged in a writ petition filed before a High Court under Article 227 of the Constitution.A bench comprising Justices MR Shah and BV Nagarathna held that NCRDC is a "tribunal" falling …

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 …

Homebuyer Can Pursue Remedies Under RERA & Consumer Protection Act Simultaneously: P&H HC [Read Judgment]

4 years, 5 months ago

Homebuyer Can Pursue Remedies Under RERA & Consumer Protection Act Simultaneously: P&H HC [Read Judgment]

Live Law

The Punjab and Haryana High Court has observed that a homebuyer can pursue the remedies under the Real Estate Act, 2016 and the Consumer Protection Act simultaneously.A division bench of Justices Dr S Mularidhar and Avneesh Jhangan held that it is not mandatory that a person, whose complaint is pending before the Consumer Forum, should have it transferred to. The …

Overcoming The Pecuniary Conundrum In Consumer Cases

4 years, 6 months ago

Overcoming The Pecuniary Conundrum In Consumer Cases

Live Law

The new Consumer Protection Act, 2019 came into effect on July 20, 2020, thereby replacing the Consumer Protection Act, 1986. Change in Pecuniary Jurisdiction Year/legislation District Commission State Commission National Commission Consumer Protection Act, 1986 Act Upto Rs. When the 1986 Act was in force, the National Commission in its landmark judgment of Ambrish Kumar Shukla v. Ferrous Infrastructure had …

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 …

Remedies Available Under Consumer Protection Act And RERA Are Concurrent: Delhi HC [Delhi HC]

5 years, 6 months ago

Remedies Available Under Consumer Protection Act And RERA Are Concurrent: Delhi HC [Delhi HC]

Live Law

The Delhi High Court on Wednesday reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 and Real Estate Act, 2016 are concurrent.BackgroundIn the petition titled "M/s M3M India Pvt. The Delhi High Court on Wednesday reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 and Real Estate Act, 2016 are concurrent. Findings …

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 …

Consumer Protection Bill 2018 passed in Lok Sabha: All you need to know about bill that protects your rights

6 years, 3 months ago

Consumer Protection Bill 2018 passed in Lok Sabha: All you need to know about bill that protects your rights

Firstpost

Moving the Bill for its passage, Union Minister for Consumer Affairs Ramvilas Paswan said the Bill was non-controversial and was in the interest of the consumers. The Consumer Protection Bill 2018 was passed by the Lok Sabha on Thursday for strengthening the rights of consumers and providing a mechanism for redressal of their complaints. The Consumer Protection Bill 2018, which …

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 …

‘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 …

Second Complaint to Consumer forum maintainable if Consumer Protection Rules do not prohibit it: SC [Read Judgment]

9 years, 1 month ago

Second Complaint to Consumer forum maintainable if Consumer Protection Rules do not prohibit it: SC [Read Judgment]

Live Law

Supreme Court, on Thursday, has reiterated that second complaint to a Consumer District Forum is maintainable, if relevant Consumer Protection Rules do not expressly prohibit it. Apex Court Bench of Justices Madan B. Lokur and R.K. Agrawal made this observation in Indian Machinery Company vs. M/s. Context National Commission had held that a second complaint to the District Forum under …

Second Complaint to Consumer forum maintainable if Consumer Protection Rules do not prohibit it: SC [Read Judgment]

9 years, 1 month ago

Second Complaint to Consumer forum maintainable if Consumer Protection Rules do not prohibit it: SC [Read Judgment]

Live Law

Supreme Court, on Thursday, has reiterated that second complaint to a Consumer District Forum is maintainable, if relevant Consumer Protection Rules do not expressly prohibit it. Apex Court Bench of Justices Madan B. Lokur and R.K. Agrawal made this observation in Indian Machinery Company vs. M/s. Context National Commission had held that a second complaint to the District Forum under …

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 …

Discover Related

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

3 days, 14 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 …

Contract Consumer Supreme Court Court Pay Loan Agreement

Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act

5 days, 19 hours ago

Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act

Live Law

Bombay High Court: A Single Judge Bench of Justice R.I. Chagla ruled that claims under Section 33C of the Industrial Disputes Act must be supported by clear entitlements arising from statute, contract, or custom. Receiving no favorable response again, Intwala filed an application under Section 33C of the Industrial Disputes Act, 1947 seeking recovery of Rs. Representing Casby Logistics, Mr. …

Court Labour Transfer Order Industrial Claims Industrial Disputes Act

Error By Supplier In Mentioning GSTN Of Trader Can't Form Basis To Reject ITC On Purchases: Delhi High Court

1 week ago

Error By Supplier In Mentioning GSTN Of Trader Can't Form Basis To Reject ITC On Purchases: Delhi High Court

Live Law

The Delhi High Court recently came to the rescue of a Company engaged in the sale of various pharmaceutical products and medical devices, holding that it could not be denied Input Tax Credit on purchases merely because its supplier had mentioned a wrong GST number on the invoices. However, the invoices for the said products inadvertently reflected the Bombay address …

Delhi High Court Itc Bombay Petitioner Gstn

Karnataka HC stays consumer court’s order against PVR over long pre-movie commercials

1 week, 6 days ago

Karnataka HC stays consumer court’s order against PVR over long pre-movie commercials

Hindustan Times

The Karnataka High Court on Monday temporarily halted a consumer forum’s order that held PVR Cinemas liable for making moviegoers sit through long What did court say? According to the report, Justice M Nagaprasanna, while passing the order, noted that the Bengaluru consumer court had overstepped its jurisdiction by treating the complaint as a larger public interest issue. He claimed …

Bengaluru Karnataka Court Movie Inox Pvr Pvr Cinemas

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

1 week, 6 days ago

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

Live Law

The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11 as being barred by statute. The appellant herein filed an injunction suit before the trial court seeking to stop the Arbitration proceeding initiated …

Arbitration Court Tribunal Respondent Sec Act Appellant

Pay salary, benefits to consumer body members sans delay: SC tells states

2 weeks ago

Pay salary, benefits to consumer body members sans delay: SC tells states

New Indian Express

NEW DELHI: The Supreme Court has directed all state governments to immediately pay the salary and perquisites of the chairpersons and members of the state and district consumer redressal bodies as per existing rules. A bench of Justices Abhay S Oka and N Kotiswar Singh also directed the Centre to take a call on amending the Consumer Protection Model Rules, …

Tells States

NI Act Allows Filing Of Cheque Dishonour Complaint At Place Of Payee Bank; Accused Can't Seek Transfer Citing Inconvenience: Supreme Court

Trending News

2 weeks, 4 days ago

NI Act Allows Filing Of Cheque Dishonour Complaint At Place Of Payee Bank; Accused Can't Seek Transfer Citing Inconvenience: Supreme Court

Live Law

The Supreme Court today ruled that a cheque dishonor complaint under Section 138 of the Negotiable Instruments Act, 1881, should be filed in the court having jurisdiction over the branch of the bank where the payee maintains an account i.e., where the cheque is presented for collection. “A conjoint reading of Section 142 along with the explanation thereof, makes the …

Supreme Court Jurisdiction Court Transfer Bank Case Chandigarh

Original Side Rules On Accepting Counterclaim & Reply Need Amending Due To Rigidity Of S.18 Of Commercial Courts Act: Calcutta HC Frames Guidelines

2 weeks, 4 days ago

Original Side Rules On Accepting Counterclaim & Reply Need Amending Due To Rigidity Of S.18 Of Commercial Courts Act: Calcutta HC Frames Guidelines

Live Law

The Calcutta High Court has held that the court's original side rules on accepting of plaint and counterclaim need to be amended due to the rigidity of Section 18 of the Commercial Courts act. While serving the notice with copy of the Counter-claim on the plaintiff, it shall be ensured that the copies of all documents relied by the Defendant …

Appeal Original Side Rules Civil Procedure Commercial Statement Rules Calcutta

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court

2 weeks, 4 days ago

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court

Live Law

The Karnataka High Court has said that a complainant in a case under the Negotiable Instruments Act, can file an appeal against an acquittal order before the Sessions Court and need not approach the high court. In the present case, Justice S Rachaiah referred to Section 378 of CrPC which states that if an order of acquittal is passed in …

Appeal Court Order Case High Complainant Kar

Delhi HC Asks CESTAT To Decide If Tax On Services Purchased By Prepaid Mobile Subscribers From Existing Balance Would Amount To Double-Tax

2 weeks, 4 days ago

Delhi HC Asks CESTAT To Decide If Tax On Services Purchased By Prepaid Mobile Subscribers From Existing Balance Would Amount To Double-Tax

Live Law

The Delhi High Court has asked the Customs Excise & Service Tax Appellate Tribunal to decide whether levy of tax on the services purchased by a prepaid subscriber of Tata Teleservices, using the existing mobile balance on which tax was already paid, would amount to double taxation. It observed, “Considering the factual nature of the issue and the fact that …

Delhi Tax Court Services Service Paid Petitioner

Supreme Court Directs States To Immediately Pay Salaries And Perquisites To Consumer Forum Members As Per Existing Rules

2 weeks, 5 days ago

Supreme Court Directs States To Immediately Pay Salaries And Perquisites To Consumer Forum Members As Per Existing Rules

Live Law

The Supreme Court has directed all state governments to immediately pay the salary and perquisites of the Chairpersons and Members of the State and District Consumer Dispute Resolution Commissions as per existing Rules. The Court noted the grievance of some petitioners that in some states, the salary and perquisites of Consumer Forum members were not being paid even as per …

India Salary Supreme Court Court Consumer Forum Pay State

Respondent Cannot File Cross-Objections To Appeal Before High Court U/S 260A Income Tax Act: Delhi High Court

2 weeks, 6 days ago

Respondent Cannot File Cross-Objections To Appeal Before High Court U/S 260A Income Tax Act: Delhi High Court

Live Law

The Delhi High Court has held that Section 260A of the Income Tax Act, 1961, which pertains to appeals to High Courts, does not envisage the filing of cross-objections by the opposite party, unlike Order XLI Rule 22 CPC. A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar observed, “The Legislature appears to have consciously desisted from adopting …

High Court Appeal Court Income Tax Order Right Tribunal

Consumer Commission rap for private bank for debits on non-existent consumer loan

3 weeks ago

Consumer Commission rap for private bank for debits on non-existent consumer loan

The Hindu

The State Consumer Disputes Redressal Commission has directed a private bank to pay compensation to a customer for debiting equated monthly installments from her bank account for a non-existent loan. The order passed by S.Sundaravadivelu, Commission presiding member and S. Oumasangeury, member, held IDFC First Bank liable to pay ₹1,50,000 as compensation to the appellant, Gajalakshmi, of Moolakulam, for deficiency …

Consumer Bank Loan Commission Emi

Improve customer service or else government will intervene, Priyank Kharge cautions e-com platforms

3 weeks ago

Improve customer service or else government will intervene, Priyank Kharge cautions e-com platforms

The Hindu

Quick commerce and e-com platforms must improve their customer services and delivery experiences, failing which governments may step in with regulations to ensure better service for citizens, cautioned Karnataka IT&BT Minister Priyank Kharge in a post on X. ‘’@swiggy, @zomato, and other quick commerce and e-commerce platforms must improve their customer service and delivery experience, otherwise, governments may have to …

Customer Service Kharge Improve Customer Intervene Priyank

Borrower Not 'Consumer' If Loan Was For Profit Generation, Consumer Complaint Not Maintainable Against Bank : Supreme Court

3 weeks, 2 days ago

Borrower Not 'Consumer' If Loan Was For Profit Generation, Consumer Complaint Not Maintainable Against Bank : Supreme Court

Live Law

The Supreme Court held that a borrower will not come within the definition of "consumer" under Section 2 of the Consumer Protection Act, 1986 if the loan was taken for a profit-generating exercise. The Court held that the complaint filed by the borrower against the bank was not maintainable under the Consumer Protection Act as it was a "pure business-to-business …

Consumer Court Purpose Bank Loan Transaction Bureau

SC extends criminal law safeguards to GST, Customs Act

3 weeks, 4 days ago

SC extends criminal law safeguards to GST, Customs Act

Live Mint

Introducing necessary safeguards against coercive actions under the Central Goods and Services Tax Act and the Customs Act, the Supreme Court on Thursday ruled that authorities must establish “reasons to believe” before initiating proceedings, ensuring that arrests are not made arbitrarily. It also expressed concern over the broad enforcement powers granted under GST and customs laws, with petitioners arguing that …

Criminal Law Court Customs Fir Officers Act Gst

Frivolous appeals hold up CCI penalties. Stricter rules may make that tougher

1 month ago

Frivolous appeals hold up CCI penalties. Stricter rules may make that tougher

Live Mint

New Delhi: India's competition watchdog has cleared stricter penalty recovery rules to prevent erring parties from delaying payments by filing frivolous appeals, according to two people aware of the development. The Competition Commission of India has approved an overhaul of its norms to allow issuing a demand notice to the erring enterprise to recover the penalty alongside the adjudication order …

Order Notice Demand Cci Stricter Penalty

Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods

1 month ago

Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods

Live Law

The Delhi High Court bench of Justice Manoj Kumar Ohri has upheld an Arbitral award stating that objections regarding the quality of goods must be raised within a reasonable time as per section 42 of the Sale of Goods Act, 1930. The Arbitral Tribunal had noted that the goods were supplied on 12.06.2019; however the petitioner raised objections for the …

Court Tribunal Act Goods Award Petitioner Tat

Ensure Public Amenities Do Not Suffer: Punjab & Haryana HC Scraps FCI Tender, Directs Issuance Of Fresh Notification Expeditiously

1 month ago

Ensure Public Amenities Do Not Suffer: Punjab & Haryana HC Scraps FCI Tender, Directs Issuance Of Fresh Notification Expeditiously

Live Law

The Punjab & Haryana High Court scrapped the tender floated by the Food Corporation of India with the direction to issue fresh notification so that public amenities do not suffer. Justice Sureshwar Thakur and Justice Vikas Suri said, "This Court is constrained to after accepting the writ petition, to pass a mandamus upon the respondent to scrap the subject tender, …

Court Petitioner Public Amenities Fresh Tender Scraps Fci

Commission penalises PVR for screening advertisements beyond show time

1 month, 1 week ago

Commission penalises PVR for screening advertisements beyond show time

New Indian Express

BENGALURU: Stating that exhibition of The commission, comprising president M Shobha and members K Anita Shivakumar and Suma Anil Kumar, passed this order on Saturday while partly allowing a complaint filed by Abhishek MR, an advocate. The commission also directed them to pay Rs 20,000 to the complainant for causing mental agony and inconvenience and Rs 8,000 as cost of …

Commission Pvr Advertisements

Consumer commission has no power to interfere in KSEB’s assessment of unauthorised power use: Kerala HC

1 month, 1 week ago

Consumer commission has no power to interfere in KSEB’s assessment of unauthorised power use: Kerala HC

The Hindu

The Kerala High Court has held that the consumer disputes redressal commission has no jurisdiction to interfere in the assessment made by a Kerala State Electricity Board officer to check unauthorised use of electricity under section 126 of the Electricity Act. The court made the ruling while quashing an order of the Malappuram District Consumer Disputes Redressal Commission on a …

Consumer Assessment Commission Kseb Redressal Commission Section 126 Protection Act

Thrissur District Commission Holds Nokia And Its Dealer Liable For Selling Phone With Manufacturing Defects, Orders Refund And Compensation

1 month, 1 week ago

Thrissur District Commission Holds Nokia And Its Dealer Liable For Selling Phone With Manufacturing Defects, Orders Refund And Compensation

Live Law

District Consumer Disputes Redressal Commission, Thrissur, Kerala bench of Sri C.T. District Commission found Nokia and its dealer liable for deficiency in service and directed them to refund the phone's cost and pay compensation for inconvenience and mental agony. Therefore, being aggrieved the complainant filed complaint before the District Commission seeking refund of the phone cost along with compensation and …

Nokia Phone Commission Complainant District District Commission Dealer

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court

1 month, 1 week ago

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court

Live Law

The Punjab & Haryana High Court has made it clear that home buyers who have deposited certain amount and are prospective allottees can also filed complaint in Real Estate Regulatory Authority for redressal of grievances. Observing that this argument was "rudderless" a division bench of Justice Sureshwar Thakur and Justice Vikas Suri said, "The reason being that when, within the …

Court Home Buyers Rera Allottees Prospective

Dispute Regarding Share Purchase Agreement Not Maintainable Before Commercial Court: Karnataka High Court

1 month, 2 weeks ago

Dispute Regarding Share Purchase Agreement Not Maintainable Before Commercial Court: Karnataka High Court

Live Law

The Karnataka High Court has held that a dispute related to the recovery of money in regard to the share purchase agreement is not maintainable before the Commercial Court. A single judge, Justice H T Narendra Prasad allowed the petition filed by Bhashakar Naidu challenging the order of the Commercial Court which had rejected its application filed under Order VII …

Bengaluru Court Commercial Agreement Share Filed Kar

Adjustment Of Refund Against Confirmed Demand During Pendency Of Appeal Amounts To Coercive Recovery: CESTAT

1 month, 2 weeks ago

Adjustment Of Refund Against Confirmed Demand During Pendency Of Appeal Amounts To Coercive Recovery: CESTAT

Live Law

The Chandigarh Bench of Customs, Excise, and Service Tax Appellate Tribunal has stated that adjustment of refund against a confirmed demand during the pendency of an appeal amounts to coercive recovery. Regarding the adjustment of the amount from the total refund sanctioned to the assessee, the bench of S.S. Garg and P. Anjani Kumar found that the “Adjudicating Authority has …

Appeal Order Date Demand Commissioner Stat Confirmed

Additional benches will help expedite justice delivery, says Minister

1 month, 2 weeks ago

Additional benches will help expedite justice delivery, says Minister

The Hindu

Additional benches of the Karnataka State Consumer Disputes Redressal Commission will help expedite justice delivery, Minister for Food, Civil Supplies and Consumer Affairs K.H. Chairman Ravi Shankar and members of the Karnataka State Consumer Disputes Redressal Commission were present. The event was jointly organized by the Karnataka State Consumer Disputes Redressal Commission, the Department of Food, Civil Supplies and Consumer …

Consumer Disputes State Commission Minister Members District Bench

Has No Sanction Of Law: Rajasthan HC Sets Aside Proceedings Initiated Under Prevention Of Food Adulteration Act After Its Repeal

1 month, 2 weeks ago

Has No Sanction Of Law: Rajasthan HC Sets Aside Proceedings Initiated Under Prevention Of Food Adulteration Act After Its Repeal

Live Law

Rajasthan High Court quashed and set aside proceedings that were initiated in 2011 under the Prevention of Food Adulteration Act, 1954 which already got repealed in 2010 and was followed by the Food Safety and Standards Act, 2006. The Court was hearing a petition against the order of the Judicial Magistrate in which cognizance was taken under the PF Act …

Food Court Food Adulteration Proceedings Act

State Consumer Commission can stay order of district commissions: HC

1 month, 3 weeks ago

State Consumer Commission can stay order of district commissions: HC

The Hindu

The Kerala High Court has held that the State Consumer Dispute Redressal Commission has the inherent power to stay an order of district commissions, subject to the condition that the appeal is duly filed after depositing the statutory amount as provided under the Consumer Protection Act. Dias made the ruling recently while disposing of a petition by a dentist challenging …

Consumer Order State Commission Stay Petition

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court

1 month, 3 weeks ago

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court

Live Law

The Orissa High Court bench of Justice S.K. Panigrahi has held that a plain reading of Sections 6 and 10 of the Commercial Courts Act, 2015, leads to the conclusion that the appropriate 'court' to consider a commercial dispute, even if it arises under the Arbitration and Conciliation Act, would be the commercial court and an appeal would, therefore, lie …

Arbitration Appeal Court Commercial Respondent Act Appellant

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

1 month, 3 weeks ago

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

Live Law

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13 of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return …

Delhi Arbitration Jurisdiction Court Order Venue Cpc

Punjab Court Fees Act Applicable On Appeals Arising From Suits Filed In Punjab Regardless Of High Court's Location In Chandigarh: P&H HC

2 months ago

Punjab Court Fees Act Applicable On Appeals Arising From Suits Filed In Punjab Regardless Of High Court's Location In Chandigarh: P&H HC

Live Law

The Punjab & Haryana High Court has said that the Court Fees Act, 2009, will be applicable on appeals filed in the High Court if the suit from which an appeal has arrived was instituted in Punjab, regardless of the fact that the High Court is located in UT Chandigarh.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the suits which …

High Court Fees State High Second Chandigarh Punjab

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

2 months ago

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

Live Law

The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner. Justice Anoop Kumar Dhand relied upon the Supreme Court …

Act Interim Compensation Rajasthan Hc Section 143A Of The Act 143A Section 143A

SG Tushar Mehta raises issue of halal-certification of non-meat products in Supreme Court

2 months ago

SG Tushar Mehta raises issue of halal-certification of non-meat products in Supreme Court

The Hindu

Solicitor General of India Tushar Mehta on Monday raised in the Supreme Court the issue of halal certification of non-meat products such as iron bars and cement, asking why should non-believers be made to pay higher cost for halal-certified products. The law officer made the submissions before the apex court which was hearing the pleas challenging a notification prohibiting the …

Food India Court Uttar Pradesh Products Meat Food Products

Penalties Like Seizure, Detention Of Goods In Transit U/S 129 CGST Act Shouldn't Be Imposed To Penalise Minor Breaches: Delhi High Court

2 months ago

Penalties Like Seizure, Detention Of Goods In Transit U/S 129 CGST Act Shouldn't Be Imposed To Penalise Minor Breaches: Delhi High Court

Live Law

The Delhi High Court has held that Section 129 of the Central Goods & Services Tax Act, 2017 which pertains to detention, seizure and release of goods while in transit cannot be invoked for imposing penalties for minor breaches, like incomplete e-way bill. A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar further held that Section 129 cannot, …

Tax Court Penalty Department Goods Minor Clause

Commercial Court Committed Jurisdictional Error By Imposing Pre-Condition To Deposit 50% Of Amount For Stay Against Arbitral Award: Rajasthan HC

2 months, 1 week ago

Commercial Court Committed Jurisdictional Error By Imposing Pre-Condition To Deposit 50% Of Amount For Stay Against Arbitral Award: Rajasthan HC

Live Law

The Rajasthan High Court Bench of Justice Sudesh Bansal has held that the Commercial Court has committed jurisdictional error in exercising its discretion arbitrarily, mechanically and injudiciously, while putting the condition to deposit 50% of the awarded amount, for operating stay against arbitral award without assigned justified and sound reasonings. Brief Facts: The present petition has been filed under Article …

Commercial Order Project Award Stay Deposit Awarded

Madras High Court Annual Digest 2024: Part II [Citation 251 to 492]

2 months, 1 week ago

Madras High Court Annual Digest 2024: Part II [Citation 251 to 492]

Live Law

Citations: 2024 LiveLaw 251 to 2024 LiveLaw 492 REPORTS Employee Cannot Be Penalised For Appointing Authority's Failure To Follow Communal Rotation Guidelines: Madras High Court Case Title: R Sasikumar v The State of Tamil Nadu Citation: 2024 LiveLaw 251 The Madras High Court recently set aside the order cancelling the appointment of a Jeep Driver who was wrongly appointed to …

India Trust Justice Tamil Nadu High Court Constitution Chennai

'Consumer Forum Members Must Be Paid Properly' : Supreme Court Asks Centre To Decide On Suggestions For Pay, Increments

2 months, 2 weeks ago

'Consumer Forum Members Must Be Paid Properly' : Supreme Court Asks Centre To Decide On Suggestions For Pay, Increments

Live Law

The Supreme Court recently directed the Union of India to examine and take action on suggestions for minimum salaries, annual increment, and payment of arrears to Presidents and Members of State and District Consumer Commissions. Senior Advocate Gopal Sankaranarayanan, appointed as Amicus Curiae, has proposed amendments to the Consumer Protection Model Rules, 2020 to incorporate the following provisions – Presidents …

Consumer Supreme Court Court Pay State Members District

[LARR Act, 2013] Court Cannot Condone Delay Beyond 120-Day Period In Appeal Against Award Of Compensation: Bombay High Court

2 months, 2 weeks ago

[LARR Act, 2013] Court Cannot Condone Delay Beyond 120-Day Period In Appeal Against Award Of Compensation: Bombay High Court

Live Law

The Bombay High Court has observed that a delay in filing an appeal against the award of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 cannot be condoned by the court beyond a period of 120 days as provided under Section 74 of the Act. The Court stated that as Section …

Law High Court Appeal General Court Land Acquisition Land

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

2 months, 2 weeks ago

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

Live Law

The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two …

Appeal Court Application Order Commission Act Stay

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

2 months, 2 weeks ago

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

Live Law

The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107, sit in appeal over an order passed by the Appellate Authority. A division bench of Justices Yashwant Varma and Dharmesh Sharma ruled, “The Commissioner, while seeking to review an order …

Delhi Court Power Order Review Commissioner Refund

Consumer Cases Monthly Round Up: December 2024

2 months, 3 weeks ago

Consumer Cases Monthly Round Up: December 2024

Live Law

National Consumer Disputes Redressal Commission NCDRC Holds Bajaj Insurance Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim Case Title: Vasantiben Vs. Bajaj Allianz Life Insurance Company Ltd Case Number: R.P. Delhi Consumer Disputes Redressal Commission Delhi State Commission Holds ICICI Lombard Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim Case Title: ICICI Lombard General …

Consumer Delhi Medical Negligence Title Uttarakhand Expert Evidence Judicial

Complaint Within Meaning Of CrPC Is One Filed Before Judicial Magistrate & Not Executive Magistrate : Supreme Court

2 months, 3 weeks ago

Complaint Within Meaning Of CrPC Is One Filed Before Judicial Magistrate & Not Executive Magistrate : Supreme Court

Live Law

The Supreme Court stated that a complaint within the meaning and scope of the Criminal Procedure Code is a complaint filed before a Judicial Magistrate and not an Executive Magistrate. The Court also placed its reliance on Gulam Abbas v. State of U.P., 1 SCC 71 which discussed the difference between a judicial and an executive magistrate, “Thus, a complaint …

Public Servant Judicial State Public Fir Complaint Filed

Consumer Cases Weekly Round Up:[ 23rd December – 29th December 2024]

2 months, 3 weeks ago

Consumer Cases Weekly Round Up:[ 23rd December – 29th December 2024]

Live Law

National Consumer Disputes Redressal Commission NCDRC Holds Bajaj Insurance Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim Case Title: Vasantiben Vs. Bajaj Allianz Life Insurance Company Ltd Case Number: R.P. Delhi State Commission Holds National Insurance Company Liable For Rejecting Claim Due To Bariatric Surgery Case Title: National Insurance Co. Ltd. Shanta Devi & Ors Case No: …

Insurance Consumer Delhi Title Disputes State Sbi

Complainant Not Bound To Accept Possession After Unreasonable Delay: Delhi State Commission Holds Raheja Developers Liable

2 months, 3 weeks ago

Complainant Not Bound To Accept Possession After Unreasonable Delay: Delhi State Commission Holds Raheja Developers Liable

Live Law

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held Raheja Developers liable for deficiency in service and ruled that buyers are not bound to accept the possession after unreasonable delay by the builder. Not getting an appropriate response, the complainant also filed a case before the State Commission of Delhi. Observations by the State Commission …

Delhi Commission Complainant Possession Raheja Developers Unreasonable Delay Rs Developer

Consumer Issues Relating Misleading Advertisement Not Covered Under Competition Law: CCI

2 months, 3 weeks ago

Consumer Issues Relating Misleading Advertisement Not Covered Under Competition Law: CCI

Live Law

The Competition Commission of India presided by Mr. Ravneet Kaur, Mr. Anil Agrawal, Ms. Shweta Kakkad and Mr. Deepak Anurag in a complaint against Woodman Electronics held that allegations concerning misleading advertising and non-disclosure of the Country of Origin by Woodman Electronics India Private Limited do not fall within the purview of the Competition Act, 2002. Brief Facts of the …

Competition Party Commission Act Opposite Informant Woodman Electronics

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts

2 months, 3 weeks ago

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts

Live Law

The Baramulla District Consumer Disputes Redressal Commission has held Reliance General Insurance company liable for repudiating the genuine insurance claim of the complainant in an unreasonable manner. Brief background: The complainant purchased a vehicle truck TATA Signa from Fear Deal TATA motors in Srinagar and got it insured with Reliance General Insurance company for an amount of Rs. The Insurance …

Company Complainant Claim Holds Insurance

Government probes ride-hailing apps for alleged unfair pricing practices

2 months, 3 weeks ago

Government probes ride-hailing apps for alleged unfair pricing practices

India Today

The Indian government has initiated an investigation into prominent ride-hailing platforms, including Ola, Uber, and Rapido, following allegations of differential pricing for identical rides based on the user's mobile operating system—Android or iOS. Union Minister of Consumer Affairs, Pralhad Joshi, described this practice as a "prima facie unfair trade practice" and a "blatant disregard" for consumers' right to transparency. In …

Consumer

Consumer Cases Annual Digest 2024 [Part -I]

2 months, 3 weeks ago

Consumer Cases Annual Digest 2024 [Part -I]

Live Law

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

India Insurance Consumer Medical Negligence Bihar Cases West Bengal