Consumer Protection Act

Service 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.

Legal Services Authorities Act, S. 22C (1) – Consumer complaint withdrawn earlier – PLA will have jurisdiction

Arbitration and Conciliation Act, 1996

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

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.

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Consumer Protection Act

COI Art. 227 – Revision – Scope of interference is limited.

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...

CPA – Builder – Refund – 18% interest awarded on the refund amount. (2022-4) PLR 78 , 2022 SCeJ 1133

CPA – 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, ...

Insurance – 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...

low angle view of two high rise buildings under blue sky

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...

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...

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...

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...

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...

NDPS Act, S. 2 (xi) – Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetic Rules, 1945 – Held that manufactured drugs are part of narcotic drugs

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...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

CPA S.2(1)(d) – ‘commercial purpose’ – “business to business” relationship

Consumer Protection Act, 1986 - S.2(1)(d) - ‘commercial purpose’ - “business to business” relationship - When a person avails a...

Loan : Floating rate of interest : Intimation of change of rate of interest not required : Fora can not go into rendition of accounts

Floating rate of interest: Intimation not required : Fora can not go into rendition of accounts : we are of...

SC CHD : ICICI Bank Limited v. Ashwani Bhalla

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH Appeal No. :188 of 2019Date of Institution :26.08.2019Date of Decision :13.12.2021 ICICI Bank Limited, SCO No.9-10-11,...

CPA, 1986 – Dismissed in default – Second complaint- Maintainable

Consumer Protection Act, 1986 – Dismissed in default - Second complaint- Maintainable - Whether a second complaint to the District...

Consumer Protection Act – Bailable warrants are to be issued as a last resort