‘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 action suit. It has also been made clear that in a class action suit instituted under Section 12 of the Consumer Protection Act, the pecuniary jurisdiction is to be determined on the basis of aggregate of the value of the goods purchased or the services hired or availed by all the consumers on whose behalf or for whose benefit the complaint is instituted and the total compensation claimed in respect of such consumers. A complaint under Section 12 of the Consumer Protection Act is maintainable before this Commission where the aggregate of the value of the goods purchased or the services hired or availed of by all the consumers on whose behalf or for whose benefit the complaint is instituted and the total compensation, if any, claimed in respect of all such consumers exceeds Rs 1 crore. In a complaint instituted under Section 12 of the Consumer Protection Act, the pecuniary jurisdiction is to be determined on the basis of aggregate of the value of the goods purchased or the services hired or availed by all the consumers on whose behalf or for whose benefit the complaint is instituted and the total compensation claimed in respect of such consumers.

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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
1 week, 3 days 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 …

Arbitration Clauses Do Not Bar Consumer Commissions' Jurisdiction, NCDRC Allows Complaint Against Jai Prakash Associates Ltd.
1 year, 3 months ago

Arbitration Clauses Do Not Bar Consumer Commissions' Jurisdiction, NCDRC Allows Complaint Against Jai Prakash Associates Ltd.

Live Law  

The National Consumer Disputes Redressal Commission, New Delhi bench comprising Mr Ram Surat Ram Maurya and Bhartkumar Pandya held Jai Prakash Associates Ltd. and its subsidiary, Jaypee Sports Int. Further, the Builder's defence that the agreement had an arbitration clause was rejected as it was held that Consumer Forum's remedies stand in addition to the Arbitration and Conciliation Act, 1996. …

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 …

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 …

Pecuniary Jurisdiction Of Consumer Fora To Be Determined By Value Of Goods/ Services 'Paid' As Consideration: NCDRC [Read Order]
4 years, 6 months ago

Pecuniary Jurisdiction Of Consumer Fora To Be Determined By Value Of Goods/ Services 'Paid' As Consideration: NCDRC [Read Order]

Live Law  

In a significant order, the National Consumer Disputes Redressal Commission has held that for determining the pecuniary jurisdiction of Consumer fora, the value of the goods/ services "paid" as consideration alone has to be taken and not the value of the goods/ services "purchased". Meaning thereby that the value of the goods or services as also the compensation would be …

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 …

Associations That Are Formed Due To Mandate Of Law Cannot File A Consumer Complaint: SC [Read Judgment]
5 years, 1 month ago

Associations That Are Formed Due To Mandate Of Law Cannot File A Consumer Complaint: SC [Read Judgment]

Live Law  

Explaining the term 'voluntary consumer association' appearing in Section 12 of the Consumer Protection Act, the Supreme Court observed that it is a body formed by a group of persons coming together, of their own will and without any pressure or influence from anyone and without being mandated by any other provisions of law. The bench of Justice Mohan M. …

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 …

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 …

Notice Under Order 1 Rule 8(2) CPC Mandatory For Filing ‘Class Action’ Consumer Complaints U/s 12(1)(c) of Consumer Protection Act: SC [Read Judgment]
6 years, 3 months ago

Notice Under Order 1 Rule 8(2) CPC Mandatory For Filing ‘Class Action’ Consumer Complaints U/s 12(1)(c) of Consumer Protection Act: SC [Read Judgment]

Live Law  

“The expression “with the permission of the District Forum” as appearing in Section 12 must be read along with Section 13 which provides the context and effect to said expression. In our view Sections 12 and 13 are not independent but are to be read together and they form part of the same machinery” The Supreme Court on Friday observed …

NCDRC Rules in Favor of Builder, Dismisses Consumer Complaint
7 years, 4 months ago

NCDRC Rules in Favor of Builder, Dismisses Consumer Complaint

Live Law  

The National Consumer Disputes Redressal Commission (NCDRC) has ruled that the jurisdiction of the consumer forum to entertain a complaint is not ousted on account of a civil suit having been instituted by the opposite party, even if the subject matter of the said suit is the same agreement which is the foundation of the consumer complaint.

Consumer Forum Has Jurisdiction To Entertain Complaint Even If Opposite Party Files Civil Suit On Same Matter: NCDRC [Read Judgment]
7 years, 4 months ago

Consumer Forum Has Jurisdiction To Entertain Complaint Even If Opposite Party Files Civil Suit On Same Matter: NCDRC [Read Judgment]

Live Law  

The National Consumer Disputes Redressal Commission has held that the jurisdiction of the consumer forum to entertain a complaint is not ousted on account of a civil suit having been instituted by the opposite party, even if the subject matter of the said suit is the same agreement which is the foundation of the consumer complaint.The state commission had dismissed …

5 Basic Rights The Law Guarantees Every Indian Consumer
7 years, 11 months ago

5 Basic Rights The Law Guarantees Every Indian Consumer

Live Law  

“Consumer can be king only if he protects his rights as though it is his kingdom!”A fiercely competitive market comes with its own benefits – of having a choice and getting only the best, but also has its own share of negatives – of being taken for a ride way too often only for a few bucks!To battle this, the …

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, 3 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, 3 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 lawsuits to ensure quick relief for homebuyers
8 years, 5 months ago

Class action lawsuits to ensure quick relief for homebuyers

Hindustan Times  

Homebuyers with common interests and grievances in one housing project can come together as one group and file a class action lawsuit against a builder under Section 12 of the Consumer Protection Act. The National Consumer Disputes Redressal Commission clarification that all homebuyers in a housing project who may or may not have filed cases against developers, are eligible for …

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 …

Govt all set to file complaint against Nestle in NCDRC
9 years, 7 months ago

Govt all set to file complaint against Nestle in NCDRC

India TV News  

New Delhi: The Department of Consumer Affairs is all set to file a complaint against Nestle over Maggi issue in the National Consumer Disputes Redressal Commission using a provision for the first time from the nearly three-decade-old Consumer Protection Act. According to sources, the complaint is to be filed on the basis of unfair trade practices and misleading The development …

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