Delegation Of Powers: Delhi HC Issues Notice To Consumer Affairs Dept, ASCI
8 years, 5 months ago

Delegation Of Powers: Delhi HC Issues Notice To Consumer Affairs Dept, ASCI

Live Law  

The Delhi High Court in Pratham Education vs Department of Consumer Affairs and Ors, in a writ petition challenging the competence of the Department of Consumer Affairs in delegating and conferring authority on the Advertising Standards Council of India, has issued notices to the respondents.The ASCI is a company incorporated under Section 25 of the Indian Companies. The Delhi High Court in Pratham Education vs Department of Consumer Affairs and Ors, in a writ petition challenging the competence of the Department of Consumer Affairs in delegating and conferring authority on the Advertising Standards Council of India, has issued notices to the respondents. Represented and argued through advocates Nipun Saxena and Namit Saxena, the petitioner submitted to the court that in purported exercise of authorisation from the Department of Consumer Affairs, the ASCI and Consumer Complaints Council constituted thereunder, had extended their jurisdiction to cover even those The petitioner claimed that the ASCI has been used majorly as a tool by competitors in the industry to bring down the name and reputation of individual businesses and companies, by resorting to complaints of such nature and which are processed by ASCI in a manner indicative of lack of any transparency or compliance with principles of natural justice. The petitioner also sought quashing of the orders passed by the ASCI in purported exercise of its powers derived from Department of Consumer Affairs.

Court Consumer Affairs Council Consumer Complaints Department Act Affairs Petitioner Section 25 Asci Department Of Consumer Affairs Consumer Complaints Council  council  delegation  affairs  court  hc  act  powers  consumer  complaints  delhi  asci  notice  dept  petitioner  authority  department  issues

History of this topic

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 …

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court
2 months, 3 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 …

Consumer protection authority pulls up 17 direct-selling firms for alleged violations
3 months, 1 week ago

Consumer protection authority pulls up 17 direct-selling firms for alleged violations

Live Mint  

New Delhi: The Central Consumer Protection Authority has issued notices to 17 direct-selling entities for allegedly violating the Consumer Protection Rules, 2021. The ministry said, “The 17 entities that have received notices for alleged non-compliance include Vihaan Direct Selling, a sub-franchise of QNet Group, Hong Kong; Triptales; Oriens Global Marketing; Zennesa Wellness; Orgolife Solutions; Oriflame India; Juncture Marketing, Wolte Marketing; …

Billing Assessments Pertaining Electricity Not In Jurisdiction Of Consumer Courts : Delhi State Commission
3 months, 2 weeks ago

Billing Assessments Pertaining Electricity Not In Jurisdiction Of Consumer Courts : Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that the Consumer Protection Act prevails over the Electricity Act only in cases of inconsistency; complaints are limited to issues such as unfair trade practices, restrictive trade practices, deficiencies in service, or overcharging, which does not contain 'billing assessments'. Brief Facts of the Case The complainant had …

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

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

Live Law  

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

Consumer Fora Possesses Discretionary Powers To Award Compensation: Delhi State Commission
8 months, 3 weeks ago

Consumer Fora Possesses Discretionary Powers To Award Compensation: Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, held that the consumer fora have the discretion to decide on compensation to ensure fairness and encourage better service practices. Aggrieved by the District Forum's order, the complainant appealed before the State Commission to enhance compensation. Contentions of the Opposite Party The doctor filed a cross-appeal denying …

Delhi State Commission Dismisses Complaint Based On Involvement Of Complex Questions Of Law And Fact, Sets Complainant At Liberty To Approach Civil Court
1 year, 1 month ago

Delhi State Commission Dismisses Complaint Based On Involvement Of Complex Questions Of Law And Fact, Sets Complainant At Liberty To Approach Civil Court

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal, Ms Pinki and Mr J.P. Agrawal dismissed a complaint against M/s Angel Broking Limited and gave the option to the Complainant to approach the appreciate civil court. The State Commission observed that the complaint involved complex questions of law and fact, which are better suited for resolution …

Students Not To Be Considered As Consumers: Delhi District Commission Dismisses Consumer Complaint
1 year, 5 months ago

Students Not To Be Considered As Consumers: Delhi District Commission Dismisses Consumer Complaint

Live Law  

The District Consumer Disputes Redressal Commission bench in Delhi, presided over by President Surinder Kumar Sharma and member Anil Kumar Bamba dismissed a consumer complaint filed against the Delhi Paramedical & Management Institute alleging deficiency on their part. While relying on a past decision of the NCDRC, the District Commission re-emphasized that educational institutions, particularly vocational institutes, were not service …

Govt Servants Can’t Be Excluded from Protection of Rights Guaranteed by Part III of Constitution: Delhi HC
1 year, 9 months ago

Govt Servants Can’t Be Excluded from Protection of Rights Guaranteed by Part III of Constitution: Delhi HC

News 18  

The Delhi High Court on Thursday observed that government servants cannot be excluded from the protection of rights guaranteed by Part III of the Constitution of India and set aside the 2019 Memorandum Order that de-recognised the Central PWD Engineers Association. By virtue of Article 19 of the Constitution of India, the right to form Association or Union or Cooperative …

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

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

Live Law  

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

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums
2 years, 4 months ago

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums

Live Law  

Taking note of the large pendency and lack of a uniform method for prioritisation of cases in the district consumer forums, the Delhi High Court has issued directions for ensuring expeditious disposal of the consumer mattersJustice Pratibha M Singh directed the Registrars of concerned district forums to start listing final matters, where evidence has been concluded, for hearing at 2:30 …

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot
2 years, 9 months ago

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot

Live Law  

The Hon'ble Supreme Court of India has in its recent judgement in the case of Ibra tFaizan Versus Omaxe Buildhome Private Limited held that the National Consumer Disputes Redressal Commission at New Delhi is a Tribunal within the meaning of Article 227 of the Constitution of India. However, the Hon'ble Supreme Court has now clarified in the Ibrat Faizan judgement …

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court
2 years, 11 months ago

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court

Live Law  

The Delhi High Court has adjudicated an issue as to whether a petitioner who has filed a civil suit claiming certain private rights is disentitled to file a writ petition seeking a direction to the Municipal Corporation to carry out its duty. Justice Sanjeev Sachdeva has observed that the power exercised by a High Court under Article 226 of the …

PIL Before Kerala High Court Alleges Statutory Mechanism Of Consumer Protection Act 2019 Not Fully Implemented In State
3 years, 5 months ago

PIL Before Kerala High Court Alleges Statutory Mechanism Of Consumer Protection Act 2019 Not Fully Implemented In State

Live Law  

A Public Interest Litigation has been filed before the Kerala High Court alleging that the statutory mechanism and the provisions of the Consumer Protection Act, 2019 are not fully implemented in the State, thereby affecting the rights of the consumers and their right to access to justice.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly admitted …

Bar Under Sec. 8 Of Commercial Courts Act Against Entertaining Revision Application Or Petition Not Applicable To Petitions Under Article 227: Delhi HC
3 years, 7 months ago

Bar Under Sec. 8 Of Commercial Courts Act Against Entertaining Revision Application Or Petition Not Applicable To Petitions Under Article 227: Delhi HC

Live Law  

The Delhi High Court has held that the bar provided under Section 8 of the Commercial Courts Act against entertaining revision application or petition against any interlocutory order of a Commercial Court, is not applicable to petitions under Article 227 of the Constitution of India.A Division Bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal held that the jurisdiction …

Plea In Supreme Court Against Govt.'s Inaction In Appointment Of Presidents, Members Of State, District Consumer Fora
4 years, 2 months ago

Plea In Supreme Court Against Govt.'s Inaction In Appointment Of Presidents, Members Of State, District Consumer Fora

Live Law  

The Supreme Court has been moved in a PIL challenging inaction of the government in failing to appoint President, Members and Staff before District Consumer Dispute Redressal Commissions and State Consumer Disputes Redressal Commissions across India. That as per the information received from the information source, in Assam the President and Members of the District Consumer Disputes Redressal Forums of …

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 …

Delhi HC Notice To AAP Govt For Not Doing Enough To Enable Consumers Benefit From Consumer Protection Act [Read Order]
6 years, 3 months ago

Delhi HC Notice To AAP Govt For Not Doing Enough To Enable Consumers Benefit From Consumer Protection Act [Read Order]

Live Law  

The Delhi High Court has asked the Delhi government to show cause why rule nisi be not issued against it for its failure to take effective steps to fill up vacancies, adopting summary procedures and providing infrastructure in the various consumer forums to ensure speedy disposal of consumer complaints under the Consumer Protection Act, which is a beneficial legislation.A bench …

NCLT Empowered To Decide Issues Relating To Allotment Of Share Capital, Alteration And Rectification Of The Register Of Members: Delhi HC [Read Judgment]
6 years, 5 months ago

NCLT Empowered To Decide Issues Relating To Allotment Of Share Capital, Alteration And Rectification Of The Register Of Members: Delhi HC [Read Judgment]

Live Law  

'The non-compliance of any conditions contained in Section 62 of the 2013 Act also constitutes mismanagement of the company, inasmuch as under Section 241 of the 2013 Act, the conduct of affairs of the company "in a manner prejudicial" to any member or "in a manner prejudicial to the interest of the company", would be governed by the same. The …

SC Issues Notice On Petition Challenging Finance Act Provisions On Tribunals, Including NCDRC [Read Petition]
7 years, 3 months ago

SC Issues Notice On Petition Challenging Finance Act Provisions On Tribunals, Including NCDRC [Read Petition]

Live Law  

The Supreme Court, on Monday, issued notice on a Petition challenging the Constitutional validity of provisions of the Finance Act, 2017 which confer "unbridled and unguided powers to the Central Government" to provide for qualifications and conditions of service of members of various tribunals, especially the National Consumer Disputes Redressal Commission. It further contends that the impugned Rules are "an …

SC Issues Notice On Petition Challenging Finance Act Provisions On Tribunals, Including NCDRC [Read Petition]
7 years, 3 months ago

SC Issues Notice On Petition Challenging Finance Act Provisions On Tribunals, Including NCDRC [Read Petition]

Live Law  

The Supreme Court, on Monday, issued notice on a Petition challenging the Constitutional validity of provisions of the Finance Act, 2017 which confer "unbridled and unguided powers to the Central Government" to provide for qualifications and conditions of service of members of various tribunals, especially the National Consumer Disputes Redressal Commission. It further contends that the impugned Rules are "an …

Three Member Committee to deliberate on alleged misuse of public funds for Advertisement by Delhi Govt: Delhi HC [Read Judgment]
8 years, 7 months ago

Three Member Committee to deliberate on alleged misuse of public funds for Advertisement by Delhi Govt: Delhi HC [Read Judgment]

Live Law  

Giving momentum to the issue of alleged misuse of public funds in Giving momentum to the issue of alleged misuse of public funds in Petitions were filed against Government of NCT of Delhi’s alleged diversion of public funds towards broadcast of self aggrandizing “The complaint dated 10.05.2016 of the petitioner shall be considered and decided by the three-member Committee constituted …

Three Member Committee to deliberate on alleged misuse of public funds for Advertisement by Delhi Govt: Delhi HC [Read Judgment]
8 years, 7 months ago

Three Member Committee to deliberate on alleged misuse of public funds for Advertisement by Delhi Govt: Delhi HC [Read Judgment]

Live Law  

Giving momentum to the issue of alleged misuse of public funds in Giving momentum to the issue of alleged misuse of public funds in Petitions were filed against Government of NCT of Delhi’s alleged diversion of public funds towards broadcast of self aggrandizing “The complaint dated 10.05.2016 of the petitioner shall be considered and decided by the three-member Committee constituted …

Delhi HC reads down Section 28(11) of Customs Act [Read Judgment]
8 years, 10 months ago

Delhi HC reads down Section 28(11) of Customs Act [Read Judgment]

Live Law  

The Delhi High Court has read down Section 28 of the Customs Act holding that the Customs Department cannot seek to rely upon Section 28 of the Act as authorising the officers of the Customs, DRI, the DGCEI etc. to exercise powers in relation to non-levy, short-levy or erroneous refund for a period prior to 8th April 2011 if, in …

Govt. constitutes a 3 Member Committee for Content Regulation of Govt. Advertising
8 years, 11 months ago

Govt. constitutes a 3 Member Committee for Content Regulation of Govt. Advertising

Live Law  

Ministry of Information & Broadcasting in compliance with the Hon’ble Supreme Court directions dated 13.5.2015 has constituted a three member committee to address the issues related to Content Regulation in Government Advertising. Tandon, Former Chief Election Commissioner of India and members of the committee includes Shri Rajat Sharma, Chairman and Editor-in-Chief of India TV and President of the News Broadcasters …

Violation of SC guidelines on Govt. Advertisements: CPIL moves contempt petition against Chief Secretaries of Delhi and Tamil Nadu
9 years, 8 months ago

Violation of SC guidelines on Govt. Advertisements: CPIL moves contempt petition against Chief Secretaries of Delhi and Tamil Nadu

Live Law  

The Centre for Public Interest Litigation has moved a contempt petition before the Supreme Court alleging that the Governments of Delhi and Tamil Nadu have willfully disobeyed its judgment passed in a writ petition filed by the NGO’s - CPIL and Common Cause in which the Apex Court had issued certain guidelines to prevent misuse of public funds by government …

Section 6(3) does not empower CPIO to escape responsibility by Transferring RTI Applications: Delhi High Court [Read the Judgment]
10 years, 5 months ago

Section 6(3) does not empower CPIO to escape responsibility by Transferring RTI Applications: Delhi High Court [Read the Judgment]

Live Law  

The Delhi High Court held that "Section 6 of the Act cannot be read to mean that the responsibility of a CPIO is only limited to forwarding the applications to different departments/offices. Forwarding an application by a public authority to another public authority is not the same as a Public Information Officer of a public authority arranging or sourcing information …

Govt to set up regulatory body to curb faulty products, services
10 years, 6 months ago

Govt to set up regulatory body to curb faulty products, services

Firstpost  

The proposed regulatory authority will have the power to examine the defective goods and file class action suits at National Consumer Disputes Redressal Commission. New Delhi: In order to protect consumers from faulty products and services, the government has decided to set up a regulatory body with the power to recall defective items and order reimbursement of the price of …

CIC to decide RTI complaints on merit, says Delhi High Court
11 years, 4 months ago

CIC to decide RTI complaints on merit, says Delhi High Court

Live Law  

While hearing a complaint filed by an activist R K Jain who had alleged that some information commissioners in the CIC were deciding complaints under section 18 of the RTI in a summary fashion and sending it back to CPIOs concerned, directing them to disclose information, Justice V K Jain of Delhi High Court said instead of simply directing the …

CIC to decide RTI complaints on merit, says Delhi High Court
11 years, 4 months ago

CIC to decide RTI complaints on merit, says Delhi High Court

Live Law  

While hearing a complaint filed by an activist R K Jain who had alleged that some information commissioners in the CIC were deciding complaints under section 18 of the RTI in a summary fashion and sending it back to CPIOs concerned, directing them to disclose information, Justice V K Jain of Delhi High Court said instead of simply directing the …

Advertising body takes steps against misleading ads
11 years, 10 months ago

Advertising body takes steps against misleading ads

Firstpost  

Advertising Standards Council of India, through National Advertising Monitoring Service, has now started tracking questionable print and TV New Delhi: Advertising Standards Council of India today said it has introduced several steps, including tracking of commercials against which complaints are upheld, to ensure faster action against violators of its code and guidelines. Advertising Standards Council of India, through National Advertising …

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