The National Commission Cannot Interfere With The Concurrent Findings Of Lower Forum Unless There's Evidence Of Legal Misconduct: NCDRC
10 months, 2 weeks ago

The National Commission Cannot Interfere With The Concurrent Findings Of Lower Forum Unless There's Evidence Of Legal Misconduct: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the National Commission can only intervene in cases if it finds that the State Commission has acted beyond its jurisdiction and failed to exercise its jurisdiction. Observations by the Commission The Commission observed that according to the Consumer Protection Act, 2019, revision under section 58 confers limited jurisdiction wherein the Commission's revisional jurisdiction is restricted. The Commission referred to the decision of the Supreme Court in the case of Rubi Dutta Vs. M/s United India Insurance Co. Ltd. to support their stance. Furthermore, they cited the Supreme Court's ruling in Sunil Kumar Maity Vs. State Bank of India & Anr., emphasizing the extremely limited nature of the revisional jurisdiction of the Commission.

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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 …

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 …

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22
2 months, 3 weeks ago

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22

Live Law  

National Consumer Disputes Redressal Commission Insured Cannot Assume Obligation On Part Of Bank To Renew Policy: NCDRC Case Title: State Bank of India Vs. R. Vishwanatha Pai Case Number: R.P. Haryana Consumer Disputes Redressal Commission Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation Case title: Mrs. Neeru Bala Mahendru vs Ansal Properties & …

District Commission Misapplied Supreme Court's Ruling: Chandigarh State Commission Remands Sahara Prime City Case For Fresh Adjudication
3 months ago

District Commission Misapplied Supreme Court's Ruling: Chandigarh State Commission Remands Sahara Prime City Case For Fresh Adjudication

Live Law  

The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri and Mr. Rajesh K. Arya held that the District Commission has misapplied the decision of Supreme Court in Pinak Pani Mohanty vs Union of India as Sahara Prime City Ltd. was not party to that case. Contentions of the Appellant : The Appellant argued that the District …

Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing
3 months, 2 weeks ago

Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held that parallel proceedings on the same issue in different forums are not permissible, as this could lead to judicial contradictions. Brief Facts of the Case The complainant is a member of a housing society managed by Philips Cooperative Group Housing/developer, which launched a project called Philips …

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC
8 months ago

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission bench of J. Rajendra dismissed a revision petition filed against the postal department pertaining to the confiscation of the Complainant's recurring deposit account due to allegations of embezzlement. Feeling aggrieved, he filed a consumer complaint before the District Consumer Disputes Redressal Commission, Aligarh. Aggrieved by the District Commission's order, the Officials filed an appeal …

Consumer Cases Half-Yearly Digest: January To June 2024
8 months 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 Weekly Round-Up: 27th May To 2 June 2024
9 months, 2 weeks ago

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024

Live Law  

National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. National Consumer Disputes Redressal Commission Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service Case Title: Mohan Shyam Dubey Vs. M/S Emaar MGF Land Ltd. National Consumer Disputes Redressal …

Consumer Cases Weekly Round-Up: 20th To 26th May 2024
9 months, 3 weeks ago

Consumer Cases Weekly Round-Up: 20th To 26th May 2024

Live Law  

National Consumer Disputes Redressal Commission Alerting Insurer About Renewal Of Insurance Is Bank's Responsibility: NCDRC Holds Syndicate Bank Liable For Deficiency In Service Case Title: Bank Manager, Syndicate Bank Vs. Ishwar Dayal The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Syndicate Bank liable for deficiency in service and held that it is the responsibility of …

Consumer Case Weekly Round-Up: 18th September 2023 – 23rd September 2023
1 year, 5 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 …

NCDRC Dismisses Revision Petition By IndusInd Bank, Citing Violation Of RBI’s Code Of Bank’s Commitment To Customers
1 year, 6 months ago

NCDRC Dismisses Revision Petition By IndusInd Bank, Citing Violation Of RBI’s Code Of Bank’s Commitment To Customers

Live Law  

The NCDRC presided by President Dr. Inder Jit Singh dismissed the Revision Petition filed by IndusInd Bank Ltd. against Sanjay Ghosh and upheld the State Commission order holding that the Bank had acted in total violation of the instructions contained in the Code of Bank’s Commitment to Customers formulated by Reserve Bank of India. The Revision Petition was filed by …

Examining The Power Of The Consumer Commissions To Issue A Commission For Expert Opinion
1 year, 11 months ago

Examining The Power Of The Consumer Commissions To Issue A Commission For Expert Opinion

Live Law  

As per Section 38 of the Consumer Protection, 2019, corresponding to Section 13 of the erstwhile Act of 1986, a District Commission has the same power vested in a Civil Court, under the Civil Procedure Code, 1908, for issuance of a Commission. v. Vidya Paradise Owners’ Welfare Association & Anr, may be referred to, where, the Single Judge of the …

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 …

SC Settles Disputes Between National And State Child Rights Commissions Over Powers To Conduct Inquiry [Read Judgment]
5 years, 2 months ago

SC Settles Disputes Between National And State Child Rights Commissions Over Powers To Conduct Inquiry [Read Judgment]

Live Law  

The Supreme Court has settled the 'disputes' between the National and State Commission for Protection of Child Rights with regard to the powers to conduct inquiry in Child Rights issues. The only constraint placed by Section 13 of the Commissions for Protection of Child Rights Act, 2005 is that if the State Commission has already started an inquiry, the National …

Consumer Forums Needn’t Refer Parties To Arbitration In Terms Of Valid Arbitration Agreement: SC Upholds NCDRC Order [Read Order]
7 years ago

Consumer Forums Needn’t Refer Parties To Arbitration In Terms Of Valid Arbitration Agreement: SC Upholds NCDRC Order [Read Order]

Live Law  

Dismissing the appeals filed by builders, the Supreme Court has upheld the National Consumer Dispute Redressal Commission order that held that arbitration clause in the agreements cannot circumscribe the jurisdiction of a consumer fora, notwithstanding the amendments made to Section 8 of the Arbitration Act.The bench of Justice AK Goel and Justice UU Lalit had earlier issued notice on. Dismissing …

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 …

NCDRC refuses to entertain plea against Hyderabad hospitals
10 years, 9 months ago

NCDRC refuses to entertain plea against Hyderabad hospitals

India TV News  

New Delhi: The apex consumer commission has refused to entertain a plea by a woman and her daughter alleging medical negligence by two Hyderabad-based hospitals and a doctor, saying they were “careless” in pursuing their case. The National Consumer Disputes Redressal Commission rejected the Hyderabad-based complainants' plea against an Andhra Pradesh State Consumer Disputes Redressal Commission order dismissing their case …

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