Consumer Protection Act
[SC] Consumer Protection Act, 1986 – Remedy of appeal to Supreme Court does not lie against orders passed by NCDRC in Appeal or revision – Only writ lies under Art. 226/227.(2023-2)210 PLR 600 (SC)
Full Judgment with detailed headnotes for Online Subscribers (opens automatically) Click to subscribe Universal Sompo General Insurance Co. Ltd. v....
Read moreService matter – Whether the State Government while exercising power under Rule 6(10) is free to choose any candidate from the panel prepared by the Selection Committee. No.
Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President...
Read moreLegal Services Authorities Act, S. 22C (1) – Consumer complaint withdrawn earlier – PLA will have jurisdiction
Legal Services Authorities Act, 1987 (39 of 1987), Section 22C (1) -Provides “Any party to a dispute may, before the...
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Developer failed to complete construction of the demolished society – Interim prayer allowed restraining the developer from interfering in the act of getting the society developed through another builder / developer
Arbitration and Conciliation Act, 1996, Section 9 - Developer failed to complete construction of the demolished society - Application by...
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Consumer Protection Act – Deficiency of service -If the deficiency is not established, having regard to the explicit terms of the contract, the consumer must fail.
Consumer Protection Act - Deficiency of service - The scope of the enquiry, in a case under the Consumer Protection...
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Motor Vehicles Act, 1988, S. 185 – Consumer Protection Act, 1986 – Insurance – Drunken driving – Influence of alcohol
All that is required is to show that at the time of driving the vehicle, resulting in the accident, the...
Read moreCPA – Builder – Refund – 18% interest awarded on the refund amount. (2022-4) PLR 78 , 2022 SCeJ 1133
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Read moreCPA – District Consumer Disputes Redressal Forum, should not have passed the order for proceeding ex-parte, before completing the hearing hours of the Consumer Forum, for denying the statutory rights of the petitioner to file the written statement/written objection
Consumer Protection Act, 1986, Section 13 (2) (a) and Section 13 (2 ) (b) (ii) - Consumer Protection Regulations, 2005, ...
Read moreInsurance – Refusal of claim on flimsy grounds and/or technical grounds
Insurance - Settlement of claims - Insurance companies are refusing the claims on flimsy grounds and/or technical grounds - While...
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CPA S. 21 – Concurrent findings of fact – NCDRC should not have interfered
Consumer Protection Act, 1986 S. 21 – Concurrent findings of fact - Plea that NCDRC could not have reappreciated the...
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Company can also be held guilty and sentence can be imposed. No immunity to the Companies from prosecution, merely because the prosecution is in respect of an offence, for which the punishment prescribed is imprisonment and fine or fine, or both. However the same shall be limited to a fine only.
The Full Bench of the Hon'ble Delhi High Court in Municipal Corporation of Delhi v. J.B. Bottling Company Private Limited...
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CPA S. 27 – No order is passed against the appellant in its individual capacity who was shown as Secretary of the Society – For the default committed by the society, and in absence of any personal liability appellant could not be imprisoned .
Consumer protection Act, 1986 – Section 27 - Power to impose the penalties - Empowers the authorities to pass an...
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Insurance – Banking – Policy taken by bank for benefit of its card holders – “Cardsure Package Policy” – Non-Atm transactions – Policy terms not conveyed
Insurance - Banking - Policy taken by bank for benefit of its card holders - “Cardsure Package Policy” - Non-Atm...
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Insurance policy – Non communication of special terms of policy – Repudiation set aside
Insurance policy - Non communication of special terms of policy - Evidence - Deceased account holder of bank - Policy...
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CPA – S.2(1)(d) – ‘commercial purpose’ – Banking – Overdraft facility
Consumer Protection Act, 1986 - S.2(1)(d) - ‘commercial purpose’ - Banking - Overdraft facility - “business to business” - Appellant...
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