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 which the cause. 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 which the cause of action has arisen. The Bench was hearing two appeals filed by National Insurance Company against judgment and order passed by the National Consumer Disputes Redressal Commission whereby it ordered the Insurance Company to pay an amount of Rs.

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History of this topic

Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer
2 days, 9 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 …

Consumer Protection Act Protects Interest Of Consumers In “Business To Consumer Disputes”, Not For “Business To Business Disputes”, District Commission Thrissur
1 week 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 …

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 …

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 …

SC reaffirms doctors’ accountability under Consumer Protection Act
4 months, 2 weeks ago

SC reaffirms doctors’ accountability under Consumer Protection Act

Hindustan Times  

The Supreme Court on Thursday dismissed a request to revisit its landmark 1995 judgment, which had classified medical services under the Consumer Protection Act and held that healthcare providers, including doctors and hospitals, could be held accountable under the Act for service deficiencies. Considering the “sui generis ” nature of services lawyers provide in making the judicial system efficient, effective …

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

Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC
7 months, 2 weeks ago

Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held National Insurance liable for deficiency in service and held that the interpretation of insurance policy terms should consider the context and the parties' intentions and mere delay in informing the insurer of theft does not automatically repudiate the insurance claim. Observations by the National Commission The National Commission …

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India
7 months, 3 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.
8 months 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
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 Complaints Must Be Lodged Within Two Years From Date Of Cause Of Action: Delhi State Commission
8 months, 1 week ago

Consumer Complaints Must Be Lodged Within Two Years From Date Of Cause Of Action: Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, dismissed a complaint against Oriental Insurance Ltd., citing the presence of a limitation clause. It was further held that consumer complaints are time-barred and need to be filed within two years from the date of the action unless sufficient reasons are present. Observations by the State Commission …

Medical Beneficiaries Of Railway Hospital Fall Within Definition of 'Consumer': Delhi State Commission Remands Matter Back To District Commission
9 months ago

Medical Beneficiaries Of Railway Hospital Fall Within Definition of 'Consumer': Delhi State Commission Remands Matter Back To District Commission

Live Law  

The Delhi State Consumer Disputes Redressal Commission bench of Justice Sangita Dhingra Sehgal and Pinki held that the medical beneficiaries of the Railway Hospital fall within the definition of the consumer under the Consumer Protection Act, 2019. In response to the District Commission's decision, the Complainant filed an appeal in the Delhi State Consumer Disputes Redressal Commission and argued that …

Mere Correspondence Cannot Prolong Limitation Period; Insurance Complaints Should Be Filed Within Prescribed Timeframe: NCDRC
9 months, 3 weeks ago

Mere Correspondence Cannot Prolong Limitation Period; Insurance Complaints Should Be Filed Within Prescribed Timeframe: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, dismissed an appeal against New India Assurance and held that insurance claims have to be filed within the stipulated time and mere correspondence does not extend the limitation period. The complainant approached the State Commission, which held that although the complainant was a “consumer” under …

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 …

Supreme Court exempts lawyers from liability under Consumer Protection Act. Doctors next?
10 months, 1 week ago

Supreme Court exempts lawyers from liability under Consumer Protection Act. Doctors next?

Live Mint  

New Delhi: The Supreme Court ruled on Tuesday that advocates cannot be held liable under the Consumer Protection Act of 1986 for deficiency in service. The court also indicated that its 1996 decision that held medical professionals accountable under the Consumer Protection Act may need to be revisited. This judgement arose from a writ petition filed amid increasing legal disputes …

Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court
10 months, 1 week 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 …

SCAORA Decides To Intervene In Supreme Court Case Regarding Advocates' Liability Under Consumer Protection Act
1 year, 1 month 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 …

Lawyer Assisting A Sovereign Function, Can't Be Brought Under Consumer Protection Act : Argument Before Supreme Court
1 year, 1 month ago

Lawyer Assisting A Sovereign Function, Can't Be Brought Under Consumer Protection Act : Argument Before Supreme Court

Live Law  

Today, the Supreme Court resumed its hearing on the crucial point of whether services rendered by the lawyer would come within the ambit of the Consumer Protection Act of 1986. At the outset, the Counsel explained that the Consumer Protection Act was conceived from a different perspective, with commercial activity on one side and poor individual litigants on the other. …

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. …

Deficiency In Hair Treatment Service, An Health Care Service Still Covered Under Amended Consumer Protection Act., Delhi State Commission
1 year, 3 months 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 …

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 …

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court
1 year, 5 months ago

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that restoring a case consigned to records without an adverse order or a decision on parties' rights does not qualify as a review and hence such a case could be called back by the Consumer Commissions. The Court was hearing an appeal filed under Section 17 of the Jammu and …

Supreme Court Half Yearly Digest 2023 [Consumer Law]
1 year, 5 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 Dispute Should Not Be Considered Trivial Solely Because The Amount Involved Is Small: Gujarat State Commission
1 year, 7 months ago

Consumer Dispute Should Not Be Considered Trivial Solely Because The Amount Involved Is Small: Gujarat State Commission

Live Law  

The bench of the Gujarat State Consumer Dispute Redressal Commission, consisting of M.J. Mehta and P. R. Shah, ruled that a consumer dispute should not be considered trivial solely because of the small amount involved. With the support of a consumer rights organization, Mr. Panchal initiated legal proceedings by filing a complaint with the District Consumer Dispute Redressal Commission, Ahmedabad …

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, …

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 …

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 …

Person Availing Bank's Service "Consumer"; Consumer Complaint Maintainable Over Dispute On Encashment Of FD : Supreme Court
2 years, 7 months ago

Person Availing Bank's Service "Consumer"; Consumer Complaint Maintainable Over Dispute On Encashment Of FD : Supreme Court

Live Law  

The Supreme Court has observed that the consumer complaint in a dispute regarding premature encashment of Joint Fixed Deposit by bank in contravention of the terms and conditions is maintainable.A person who avails of any service from a bank will fall under the purview of the definition of a 'consumer' within the meaning of the Consumer Protection Act. The Supreme …

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 …

Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC
2 years, 9 months ago

Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC

Live Law  

Remarking that "delay in filing the revision was not huge, that should not have been condoned under the Consumer Protection Act", the Court remitted the matter back to the NCDRC for decision on merits. In the impugned order, the NCDRC had said, "Hon'ble Supreme Court has also warned this Commission in the matters covered under the Consumer Protection Act, to …

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 …

Health Care Services Provided By Doctors Covered Under Consumer Protection Act 2019 : SC
2 years, 10 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 …

Person availing services of bank for 'commercial purpose' is not consumer: Supreme Court
3 years, 1 month ago

Person availing services of bank for 'commercial purpose' is not consumer: Supreme Court

India TV News  

Highlights The top court was hearing an appeal filed by Shrikant G Mantri Ghar The plea challenged judgment and order passed by the National Consumer Disputes Redressal Commission The NCDRC had held that the complainant was not a consumer In order to come within the ambit of the consumer, a person will have to establish that the bank services availed …

Condition To Pre-Deposit 50% Amount To Challenge NCDRC Order Not Applicable To Complaints Filed Before Consumer Protection Act 2019 : Supreme Court
3 years, 1 month ago

Condition To Pre-Deposit 50% Amount To Challenge NCDRC Order Not Applicable To Complaints Filed Before Consumer Protection Act 2019 : Supreme Court

Live Law  

The Supreme Court held that the onerous condition of payment of 50% of the amount awarded to file appeal against NCDRC order will not be applicable to the complaints filed prior to the commencement of the Consumer Protection Act, 2019.The consumer complaint, in this case, was filed before the National Consumer Disputes Redressal Commission before the 2019 Act came into …

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

Consumer Protection Act, 2019: A Criminal Imbalance
3 years, 11 months ago

Consumer Protection Act, 2019: A Criminal Imbalance

Live Law  

It is said, with great power comes great responsibility. For appointment as a member of the District Commission, Rule 4 of the Appointment Rules prescribes that the members of the State Commission should have a bachelor's degree from a recognised university and should be a person of ability, integrity and standing, and has special knowledge and professional experience of not …

All Consumer Complaints Filed Before CPA 2019 Should Be Heard By Fora As Per Pecuniary Jurisdiction Under CPA 1986 : Supreme Court[Read Judgment]
4 years ago

All Consumer Complaints Filed Before CPA 2019 Should Be Heard By Fora As Per Pecuniary Jurisdiction Under CPA 1986 : Supreme Court[Read Judgment]

Live Law  

In a significant verdict, the Supreme Court on Tuesday held that consumer complaints filed before the coming into effect of the Consumer Protection Act 2019 should continue in the fora in which they were filed as per the pecuniary jurisdiction under the previous Consumer Protection Act of 1986.A bench comprising Justices DY Chandrachud and MR Shah set aside the directions. …

Consumer Fora Has No Power To Accept Written Statement Beyond Period Of 45 Days, Reiterates Supreme Court
4 years, 1 month 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 …

References Answered And Made By Supreme Court In 2020
4 years, 2 months ago

References Answered And Made By Supreme Court In 2020

Live Law  

In the COVID-19 affected 2020, where the Supreme Court was functioning in virtual mode throughout except for the first three months of the year, several substantial points of law were settled by answering long pending references.Also, some new points of public importance were referred to larger bench. "In the event, shared household belongs to any relative of the husband with …

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

Can Consumer Fora Entertain Complaints Against Universities & Educational Institutions? SC To Examine [Read Order]
4 years, 5 months ago

Can Consumer Fora Entertain Complaints Against Universities & Educational Institutions? SC To Examine [Read Order]

Live Law  

Whether an educational institution or University would be subject to the provisions of the Consumer Protection Act 1986? The Supreme Court has issued notice in an appeal filed against a judgment of National Consumer Redressal Commission which raises this issue.The bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee, while admitting the appeal, noted that there. The University placed …

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 …

Appeal Against NCDRC Order Passed In Execution Proceedings Not Maintainable U/Sec 23 Consumer Protection Act: SC [Read Order]
4 years, 6 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 % …

Granting Long Adjournments In Consumer Complaints: SC Asks NCDRC President To Look Into The Grievance [Read Order]
4 years, 7 months ago

Granting Long Adjournments In Consumer Complaints: SC Asks NCDRC President To Look Into The Grievance [Read Order]

Live Law  

The Supreme Court has requested the President of National Consumer Disputes Redressal Commission to look into grievance that it is granting long adjournments in consumer complaints.The bench of Justices DY Chandrachud and KM Joseph observed thus while disposing an SLP filed by LM Jewellers who submitted before it that, on 28 February 2020, the National Consumer Disputes Redressal. The Supreme …

New Consumer Protection Act Comes Into Force; Know What Are Consumer Rights, Offences & Penalties On Violation
4 years, 8 months ago

New Consumer Protection Act Comes Into Force; Know What Are Consumer Rights, Offences & Penalties On Violation

ABP News  

The right to be protected against the marketing of goods, products or services which are hazardous to life and property The right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices; The right to be assured, wherever …

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 …

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