Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations
2 years, 4 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 Ganesh Petroleum Rajgurunagar,, 2022 LiveLaw 121 : 4 SCC 463 Consumer Protection Act, 1986; Section 2 - Scope of expression 'service' discussed - a service of every description would fall within the ambit of the statutory provision. Indian Oil Corporation Ltd. v. Shree Ganesh Petroleum Rajgurunagar, 2022 LiveLaw 121 : 4 SCC 463 Consumer Protection Act, 1986; Section 14 - If the reliefs granted in a consumer complaint fits any of the statutory provision contained in sub clause of Section 14 of the Act, it would be well within the power and jurisdiction of the Forum to pass directions irrespective of the fact as to whether specifically certain reliefs have been claimed or not, provided that facts make out foundations for granting such reliefs. Hyundai Motor India Ltd. v. Shailendra Bhatnagar, 2022 LiveLaw 399 : 2022 SCALE 587 Consumer Protection Act, 1986; Section 21 - Revisional jurisdiction of the National Commission is extremely limited. Indian Oil Corporation Ltd. v. Shree Ganesh Petroleum Rajgurunagar, 2022 LiveLaw 121 : 4 SCC 463 Consumer Protection Act, 2019; Section 58 - Writ petition under Article 227 maintainable against the order passed by the National Commission in an appeal under Section 58 or Section 58 of the 2019 Act - While granting any interim stay/relief in a writ petition under Article 227 of the Constitution against an order passed by the National Commission, the same shall always be subject to the rigour of the powers to be exercised under Article 227 of the Constitution of India.

Consumer Protection Consumer Disputes Commission Act Para 2022 Livelaw Insurance Company 1986 Punjab National Bank Ncdrc Telecom Services Section 58 Law Sc Sushma Ashok Shiroor Shailendra Bhatnagar Petroleum Rajgurunagar Shree Ganesh Ncdrc Order  consumer  half  digest  1986  para  yearly  2022  commission  parallel  court  act  jun  protection  v  supreme  livelaw  jan  law  sc

History of this topic

Supreme Court Weekly Round-up: December 30, 2024 To January 05, 2025
5 days, 3 hours ago

Supreme Court Weekly Round-up: December 30, 2024 To January 05, 2025

Live Law  

Index Citations Union of India & Ors. Case Details: Shri Mukund Bhavan Trust and Ors v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Another, Arising out of SLP No.18977 of 2016) Citation: 2024 LiveLaw 1041 The Supreme Court set aside an order passed by the High Court of Bombay dated April 26, 2016. The bench comprising Justice Dipankar Datta …

Consumer Cases Annual Digest 2024 [Part -I]
1 week, 6 days 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 …

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

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India
5 months, 2 weeks 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 …

Deciding Time-Barred Consumer Complaints Is Illegal, Uttarakhand State Commission Sets Aside Order Against Shriram General Insurance Co.
5 months, 3 weeks ago

Deciding Time-Barred Consumer Complaints Is Illegal, Uttarakhand State Commission Sets Aside Order Against Shriram General Insurance Co.

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand bench of Ms Kumkum Rani and Mr B.S. Feeling aggrieved, the Complainant filed a consumer complaint before the District Consumer Disputes Redressal Commission, Haridwar, Uttarakhand. Aggrieved by this decision, the Insurance Company filed an appeal before the State Consumer Disputes Redressal Commission, Uttarakhand. Observations of the Commission: The State Commission observed that the …

Consumer Cases Half-Yearly Digest: January To June 2024
5 months, 3 weeks ago

Consumer Cases Half-Yearly Digest: January To June 2024

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 …

Consumer Cases Monthly Digest: June 2024
5 months, 3 weeks ago

Consumer Cases Monthly Digest: June 2024

Live Law  

National Consumer Disputes Redressal Commission Limitation Period Under Policy Is Shorter Than Statutory Period For Filing Complaint, Unenforceable And Void: NCDRC Holds Oriental Insurance Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker, held that the Consumer Protection Act 1986 provides a two-year limitation period for filing a complaint, and the …

Supreme Court Posts Pleas Regarding Validity OF Consumer Protection Rules On Appointment Of Members Next Week For Disposal
7 months, 3 weeks ago

Supreme Court Posts Pleas Regarding Validity OF Consumer Protection Rules On Appointment Of Members Next Week For Disposal

Live Law  

The Supreme Court, ordered that it will hear a batch of an appeals against the Supreme Court against the judgment of the Bombay High Court which struck down Rule 6 of the Consumer Protection Rules, 2020, next week. The quashed Rule prescribed two members from the State bureaucracy and only one member from the judiciary on the Selection Committee that …

No Case Under Consumer Protection Law Against Lawyers, Says SC
7 months, 3 weeks 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 …

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

The Complete Supreme Court Annual Digest- 2023 [Part-IX]
8 months, 3 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-IX]

Live Law  

CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. High Court Bar Association v. Union of India, 2023 LiveLaw 276 : 2 SCC 536 Supreme Court affirms mandatory e-filing in DRTs & DRATs, says other courts should replicate it. Subhash Desai v. Principal Secretary, Governor of Maharashtra, …

SCAORA Decides To Intervene In Supreme Court Case Regarding Advocates' Liability Under Consumer Protection Act
10 months, 3 weeks 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 …

Supreme Court Annual Digest 2023 - Consumer Law
11 months, 1 week ago

Supreme Court Annual Digest 2023 - Consumer Law

Live Law  

A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. 2023 LiveLaw 442 Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. 2023 LiveLaw 902 Consumer Protection Rules, 2020 - Rule 3 prescribed a minimum professional experience of 20 years for consideration to appointment of members …

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

Supreme Court Half Yearly Digest 2023 [Consumer Law]
1 year, 3 months ago

Supreme Court Half Yearly Digest 2023 [Consumer Law]

Live Law  

Railways not liable for theft of passenger's belongings - the theft of personal belongings of a Passenger is not “deficiency of service” by Railways. Ltd., 2023 LiveLaw 442 : AIR 2023 SC 2527 : 2023 INSC 536 Consumer Protection Act, 1986 - Commercial enterprises can raise consumer disputes in relation to goods or services unconnected to profit generation. Ministry of …

Consumer Case Weekly Round-Up: 18th September 2023 – 23rd September 2023
1 year, 3 months ago

Consumer Case Weekly Round-Up: 18th September 2023 – 23rd September 2023

Live Law  

Ministry of Consumer Affairs, Food and Public Distribution In an official government notification issued on September 19th, the Ministry of Consumer Affairs, Food & Public Distribution has announced an outstanding achievement in resolving consumer cases by the National Consumer Disputes Redressal Commission. Chandigarh District Consumer Disputes Redressal Commission-I Unilateral Payment Demands Amount to Unfair Trade Practice, Chandigarh District Commission Holds …

Govt to mediate between realtors, buyers to settle real estate disputes
1 year, 8 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, …

Amend Consumer Protection Rules On Appointment Process Of Commission Members Within 3 Months : Supreme Court To Centre, States
1 year, 9 months 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 …

Supreme Court Annual Digest 2022- Insurance Law
1 year, 11 months ago

Supreme Court Annual Digest 2022- Insurance Law

Live Law  

Insurance Law Insurance - Insurance companies refusing claim on flimsy grounds and/or technical grounds - While settling the claims, the insurance company should not be too technical and ask for the documents, which the insured is not in a position to produce due to circumstances beyond his control. Narsingh Ispat Ltd. v. Oriental Insurance Company Ltd., 2022 LiveLaw 443 : …

Supreme Court Annual Digest 2022- Consumer Protection Law
2 years 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 (Jan - Jun) Administrative, Labour & Service Laws
2 years, 3 months ago

Supreme Court Half Yearly Digest (Jan - Jun) Administrative, Labour & Service Laws

Live Law  

Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were …

Supreme Court Weekly Digest 2022 With Nominal And Subject/Statute Wise Index [August 1 to7]
2 years, 5 months ago

Supreme Court Weekly Digest 2022 With Nominal And Subject/Statute Wise Index [August 1 to7]

Live Law  

Arbitration and Conciliation Act, 1996; Section 11, 7 - High Court order proceeds on an understanding that the Counsel for both the sides did not dispute the fact that a clause of the Contract Agreement provided for appointment of an arbitrator - An understanding of counsel, cannot be regarded as a binding statement of law on the existence of an …

Health Care Services Provided By Doctors Covered Under Consumer Protection Act 2019 : SC
2 years, 8 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 …

Supreme Court Issues Notice On Petitions Challenging Bombay HC Judgment Striking Down Consumer Protection Rules
3 years ago

Supreme Court Issues Notice On Petitions Challenging Bombay HC Judgment Striking Down Consumer Protection Rules

Live Law  

The Supreme Court on Friday issued notices on the special leave petitions filed against the judgment of Bombay High Court which quashed the provisions of Consumer Protection Rules which excluded lawyers with 10 to 20 years experience from appointments to Consumer Commissions.A bench comprising Justices L Nageswara Rao and BR Gavai was considering the special leave petitions filed. The Supreme …

Consumer Fora Has No Power To Accept Written Statement Beyond Period Of 45 Days, Reiterates Supreme Court
3 years, 10 months ago

Consumer Fora Has No Power To Accept Written Statement Beyond Period Of 45 Days, Reiterates Supreme Court

Live Law  

Consumer fora has no jurisdiction and/or power to accept the written statement beyond the period of 45 days, the Supreme Court reiterated in a judgment delivered on Thursday.In this case, the National Consumer Disputes Redressal Commission, confirmed the order passed by the Karnataka State Consumer Disputes Redressal Commission rejecting an application seeking condonation of delay in filing. Consumer fora has …

[Consumer Protection] Revision Petition Before NCDRC Against An SCDRC Order In Execution Proceedings Not Maintainable: Supreme Court
4 years, 2 months ago

[Consumer Protection] Revision Petition Before NCDRC Against An SCDRC Order In Execution Proceedings Not Maintainable: Supreme Court

Live Law  

A revision would not be maintainable under Section 21 of the Consumer Protection Act, 1986 before National Consumer Disputes Redressal Commission against an order which was passed in appeal by the State Consumer Disputes Redressal Commission arising out of the execution proceedings, the Supreme Court has reiterated.In this case, the NCDRC had dismissed a revision petition filed against an. A …

Overcoming The Pecuniary Conundrum In Consumer Cases
4 years, 3 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 …

Appeal Against NCDRC Order Passed In Execution Proceedings Not Maintainable U/Sec 23 Consumer Protection Act: SC [Read Order]
4 years, 4 months ago

Appeal Against NCDRC Order Passed In Execution Proceedings Not Maintainable U/Sec 23 Consumer Protection Act: SC [Read Order]

Live Law  

The Supreme Court has observed that an appeal before it against an order which has been passed by the National Consumer Disputes Redressal Commission in the course of execution proceedings is not maintainable.M/s Ambience Infrastructure Private Limited was directed by the NCDRC to pay to the complainants 70% of the maintenance charges from November 2002 with interest at 9 % …

15 Takeaways To Ace "Consumer Fora Litigation" In India
4 years, 5 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 …

Most Provisions Of Consumer Protection Act To Come Into Force On 20 July 2020 [Read Notification]
4 years, 5 months ago

Most Provisions Of Consumer Protection Act To Come Into Force On 20 July 2020 [Read Notification]

Live Law  

The Central Government has issued a notification by which it appoints the 20th day of July, 2020 as the date on which the many provisions of the Consumer Protection Act, 2019 shall come into force. As per these Rules, the Central Council which shall consist of the following members, not exceeding thirty-six, namely: — the Minister in-charge of Consumer Affairs …

Impunity Vs Jeopardy : The Partisan Provisions Of Consumer Protection Act
4 years, 9 months ago

Impunity Vs Jeopardy : The Partisan Provisions Of Consumer Protection Act

Live Law  

Introduction Change is the only constant. Hon'ble National Commission once again allowed filing of written statement subject to costs of Rs.30,000/- on the ground that "deemed service" under Section 28-A of the Consumer Protection Act can be misleading in view of the services rendered by postal department. The provisions of Section 13 of Consumer Protection Act has not just aborted …

Maintainability Of Home Buyers' Complaint Before Consumer Fora After Enactment Of RERA: Delhi HC To Decide [Read Order]
5 years, 6 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 …

New Consumer Protection Bill must reflect the changing times
5 years, 7 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 Complaints By ‘Subsequent Transferee’ Of Flats Not Always Barred, Clarifies SC [Read Judgment]
6 years, 1 month ago

Consumer Complaints By ‘Subsequent Transferee’ Of Flats Not Always Barred, Clarifies SC [Read Judgment]

Live Law  

‘The decision of this Court in Haryana Urban Development Authority cannot be stretched to say that in every case where there is a transfer, the complaint by the subsequent transferee would not be maintainable at all. “The Supreme Court has held that consumer complaints by ‘subsequent transferee’ of flats are not always barred.The bench comprising Justice Uday Umesh Lalit. The …

Consumer Protection Bill 2018: Stepping Up Efforts to Resolve Consumer Disputes
7 years 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. …

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