Consumer VOICE

|    |   |

Latest from our Consumer Rights and Laws Blog

Dismissal Of Consumer Complaints On Mere Technical Grounds, Defeats The Purpose Of Ensuring Justice: Supreme Court

The National Consumer Dispute Redressal Commission (NCDRC) and other consumer courts have dismissed complaints on mere technical grounds. However, things will not be the same after the Supreme Court observed that dismissal of consumer complaints on mere technical grounds, add to the burden of litigation and defeat the

Read More

National Commission Has No Jurisdiction To Entertain Revision Petition In Execution Proceedings: Supreme Court

The Supreme Court has held that a Revision Petition against an order passed by a State Consumer Commission in execution proceedings is not maintainable before the National Consumer Disputes Redressal Commission (NCDRC). The revisional jurisdiction conferred on the National Commission under Section 21(b) is with respect to a

Read More

Lourdes Society Snehanjali Girls Hostel and ANR Vs M/s. H & R Johnson (India)

This civil appeal by special leave is directed against the impugned judgment and order dated 23.09.2013 passed by the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 4047 of 2006 whereby it has allowed the revision petition filed by respondent nos. 1-4 and set aside

Read More

National Insurance Co.Ltd vs Hindustan Safety Glass Works

The respondent Hindustan Safety Glass Works Ltd. had taken out two policies with the appellant National Insurance Company.  On 6th August, 1992, there was heavy incessancy rain in Calcutta resulting in heavy accumulation of rain water inside and around the factory/works of the respondent. According to the respondent,

Read More

Moulivakkam Trust Heights Flats Affected Buyers Association & Other

About 43 cases were filed against various builders by consumers at National Commission which includes leading builders like Unitech, BPTP, Parsvnath, Jaiprakash Associates, Supertech, and TDI among others. The value of disputes was clubbed to reach the pecuniary jurisdiction.
The builders had objected to cases being contested collectively

Read More

Ambrish Kumar Shukla & 21 ors. Vs. Ferrous Infrastructure Pvt. Ltd.

The buyer booked an apartment with builder, Ferrous Infrastructures.  The allotment was cancelled by the builder, and they stated that balance sale-consideration was not paid by the buyer. The buyer approached the concerned consumer court District Forum through his consumer court lawyer in India, seeking restoration of the

Read More

Right to Online Privacy Without Rules

Telecommunication in days of inception was controlled. Trunk calls were booked through telephone  exchanges .This was followed by direct dialling. Broadcast and television services on the other hand could be only availed in privacy of our home. Internet has broken down the walls. It is a two way communication though most of us

Read More

Wrong Diagnosis Is Not Medial Negligence- Supreme Court

The Supreme Court dismissed an appeal filed by a man against order of National Consumer Disputes Redressal Commission which dismissed his complaint alleging medical negligence on the part of a hospital in the death of his wife in the matter of Vinod Jain vs SantokbaDurlabhji Memorial Hospital &Anr (Civil Appeal

Read More

Buyer Can’t Wait Indefinitely For Flat, Supreme Court Asks Developer To Refund The Amount Along With Interest

A buyer cannot be required to wait indefinitely for possession, said the Supreme Court while affirming National Commission order directing the developer to refund the amount to the buyer.
In this case of Kolkata West International City Pvt Ltd vs Devasis Rudra, the buyer paid an amount of

Read More

Free Speech Cannot Be Silenced By Fear Of Mob: SC Fines Mamata Government For Shadow Ban On Political Satire

The Supreme Court has passed an order on a writ petition filed by Indibily Creative Pvt Ltd, challenging the validity of police officers’ letter to stop screening of a Bangla satire film. The Supreme Court bench of Justices D Y Chandrachud and Hemant Gupta fined Bengal’s Mamata Banerjee-led government

Read More

Charging For Paper Carry Bags Amounts To Unfair Trade Practice; Consumer Forum Fines Bata Rs. 9000

Retail brands these days trying to make themselves as ‘eco-friendly’ or simply complying with the plastic ban, many retail brands sell products in carry bags made of paper and fabric. Unfortunately, the price of this carry bags falls on the pocket of the innocent customers and they are

Read More

Supreme court enhanced award of compensation and said it cannot go restrictive just because the victim is from poor and rural background

The Supreme Court awarded an additional Rs 10 lakh in a medical negligence case to a lady who was not immediately attended to and was snubbed with the retort that the people from hilly areas make unnecessary noise. The petitioner Shoda Devi had filed the plea before the apex

Read More

Indian Consumers: Arise, Awake To Urge Adaption Of Consumer Protection Bill

Bhamy V. Shenoy
 
Consumer Protection Bill (CPB) 2018 was passed by the Lok Sabha on Dec 20th, 2018. Actually this bill was tabled in 2015. However Rajya Sabha did not pass the bill and the new Parliament has to take this up after the election.
CPB

Read More

RERA – What, Who and How

Karamjeet Kaur is one of the homebuyers who bought homes after the implementation of the Real Estate (Regulation and Development) Act (RERA). She invested her hard earned money in an under-construction project but decided to withdraw the booking amount owing to project layout inconsistencies.
The builder refused to

Read More

Homebuyers Are Not Allowed To Reap Benefits Of Their Own Delay In Taking Possession- Supreme Court

If we look back to observe the consumer cases filed, we will notice that top courts are delivering various judgements in favour of homebuyers which are strengthening the position of the homebuyers against the builders. However, in one of the cases, where it was filed for delayed possession,

Read More

NCLT DELHI INITIATES INSOLVENCY PROCESS AGAINST EMAAR MGF LAND

National Company Law Tribunal, Delhi has initiated a Corporate Insolvency Resolution Process against Emaar MGF Land. The Court has appointed Manoj Kumar Anand as the Insolvency Resolution Professional for the case and had directed him to make the announcement public within three days of the order.
In the instant case

Read More

Insolvency proceedings against real estate firm Emaar MGF Land

The National Company Law Tribunal (NCLT) has asked to initiate insolvency proceedings against real estate firm Emaar MGF Land after a home buyer filed petition against the company for a huge delay in delivery of their housing units. The Court has appointed Manoj Kumar Anand as the Insolvency

Read More

Filing of ‘Class Action’ Consumer Complaints

The Supreme Court recently held that that ‘Class Action’ consumer complaints filed by one or more consumers where there are numerous consumers having the same interest will be maintainable only where the complaint fulfils all the requisite conditions in terms of Section 12(1) (c) of the Consumer Protection

Read More

Filing of ‘Class Action’ Consumer Complaints

Do you have a complaint against goods and services of a particular product or do you wish to complaint against your real estate agent. But if more than one or more consumers have the same complaints, it should be a class action complaint rather than individual complaint. As

Read More

A curious case of erroneous verdicts, wrong interpretations and arzi-farzi proxy counsels

Human progress is neither automatic nor inevitable… Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.
~ Martin Luther King, Jr
Imagine this: A fraudulent organization takes your money as a deposit with the promise

Read More

Filing of ‘Class Action’ Consumer Complaints

Do you have a complaint against goods and services of a particular product or do you wish to complaint against your real estate agent. But if more than one or more consumers have the same complaints, it should be a class action complaint rather than individual complaint. As

Read More

Doctors’ Duties, Consumers’ Fears and the laws in-between

When you visit a doctor, you expect a degree of competence and a diagnosis that you can trust. However, findings of a few studies indicate that trust in doctors working at private hospitals is declining. The number of medical negligence cases in India is going up by nearly

Read More

Jet Airways to pay Rs 25,000 for changing flight without permission

A 72-year-old cardiologist had filed a complaint against Jet Airways for rescheduling his flight without informing him. The court has ordered the airline to pay Rs 25,000 as compensation and also return the booking amount with nine per cent interest from the date of payment.
Complainant Dr Nautej

Read More

Are Assured Return Schemes Likely To Be Declared Illegal By SEBI: Impact On Homebuyers And Builders

To lure people to invest in their real estate projects, many developers are offering “assured returns” schemes, which is basically a financial scam promising very high return.  Investor in residential projects are assured of a fixed rental income, while in commercial projects, those assured returns go up to

Read More

Remedy Under RERA If No Builder-Buyer Agreement Is Executed

The Real Estate (Regulation and Development) Act has played the role of a catalyst in the Real Estate sector of the economy. After the implementation of the Real Estate (Regulation and Development) Act, 2016 the aggrieved home-buyers now can file their grievances before the RERA Authority of the

Read More

Supreme Court Reiterates That Builders Can’t Force Buyers To Go For Arbitration Even After 2015 Amendment

The Supreme Court has upheld the National Consumer Dispute Redressal Commission (NCDRC) order rejecting a plea seeking reference to the arbitrator in a consumer complaint despite there being arbitration clause in the agreement entered between buyer and the builder.
Facts of the case-
30 individual cases

Read More

HRERA Gives Homebuyers Superior Right To Satisfy Claim

One of the prime objects for RERA regulations was to set up separate grievance redressal system i.e. RERA complaints redressal relating to real estate industry which has been done diligently in various states so far. The main object of setting up of this Act to protect and safeguard the interests of

Read More

Six Positive Changes in New Consumer Protection Law Passed in Lok Sabha – An Analysis by Prof Sri Ram Khanna & Consumer Voice Team

 
On Thursday, 20 December 2018 The Consumers Protection Bill, 2018 was passed just before the house was adjourned for the day amid noisy disruptions. It was the first Bill to be introduced in  2018 budget session of Lok Sabha after it passed the legislative deliberations test in the Parliamentary

Read More

Recent Verdicts from Consumer Forums across India

Bajaj Allianz penalized for denying medical claim
Bajaj Allianz General Insurance has been punished by a district forum for repudiating the claim of a patient on the pretext that he had a pre-existing condition of hypertension. The redressal forum directed the company to pay a compensation of Rs

Read More

Did you know that your health information is confidential?

Whenever a doctor cannot do good, he must be kept from doing harm.
~ Hippocrates
In August this year, Andhra Pradesh State Consumer Disputes Redressal Commission had warned doctors and hospitals to not share patient information with anyone unless required by a court of law. Warning of legal

Read More

Home Buyers Entitled for Interest on Refund Even After Accepting Refund: National Commission

The National Consumer Disputes Redressal Commission (NCDRC) has ruled that a dissatisfied home-buyer can claim interest on the refund amount received by him post the builder’s inability to deliver possession of the booked flat, despite the fact that he had earlier accepted the refund amount without any protest

Read More

Supreme Court Warned State Governments For Non-Appointment Of Lokyukta/Uplokayukta

The court is hearing a petition, filed by Bharatiya Janata Party leader and lawyer Ashwini Upadhyay, seeking appoint of Lokpal at the Centre and Lokayukta in the states. It has also sought a direction to states to provide adequate budgetary allocation and essential infrastructure for effective functioning of

Read More

TRAI to Have Supreme Authority Over Television Channels and Bouquet Prices – Supreme Court

When you pick up the TV remote after a long and tiring day, all you can think about is some mindless entertainment that will relax your body and mind. Have you ever thought how expensive this simple entertainment would be if TRAI was not playing the silent yet

Read More

Aadhaar judgement: Supreme Court clarifies what needs to linked and what does not need to be

On 26 September 2018, a five-judge bench upheld the validity of Aadhaar Act, 2016, but struck down many provisions. The judgement authored by Justice AK Sikri, which had concurrence of Chief Justice Dipak Misra and Justice AM Khanwilkar, read down some of the provisions of the Aadhaar Act,

Read More

Ncdrc Raps Insurance Company For Ambiguous Term; Ordered The Insurance Company To Pay Additional Compensation Of 2 Lakhs For Unfair Trade Practice

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi rapped United India Insurance Co. Ltd for using an ambiguous term, “owner-driver” in their policy and then refusing a woman’s claim relying on the same.
The complaint was filed by the parents of Shobhit Kumar, who had died in

Read More

National Commission: Insurance Claim cannot be denied on ground of Common Lifestyle Diseases

The Apex Consumer Commission has asked Life Insurance Corporation of India to pay Rs. 5,00,000/- to the wife of a deceased diabetes patient and made clear that insurance claims cannot be denied on the ground of common lifestyle diseases such as diabetes or hypertension but that does not

Read More

National Commission directed Unitech to pay 58.41 lakh to the aggrieved homebuyer

2018 has been a crucial one for the real estate giants as the Supreme Court as well as National Commission has passed significant orders against many of the real estate companies. It is very important for homebuyers to understand what steps or orders the Apex Court is taking

Read More

Murder to be treated as accidental death while claiming insurance: National Commission

National Commission ruled out while hearing an appeal filled by the insurance company challenging the decision of murder not to be treated as accident, stating that an insurance company cannot deny claim in case of murder of a person insured for accidental death unless such crimes are excepted in

Read More

National Commission ordered Indigo Airlines to pay rs. 20,000/- for leaving behind the passengers

Once again the National Commission has passed an order in favour of consumers where IndiGo Airline did not function its basic duty. National Consumer Disputes Redressal Commission (NCDRC), hearing a review plea of IndiGo Airlines against the Tripura state commission’s order, asked IndiGo to pay Rs. 20,000 to Kalpana Rani

Read More

Apex Consumer Court directed Indian Postal Service to pay Rs 24.8 lakhs to Jain Brothers

The Apex Consumer Court has directed the Indian Postal Service to pay Rs. 24.8 lakhs to two brothers towards the maturity value of the small savings scheme certificates bought for them by their late father but were lost. The Commission directed the department to pay Rs. 16 lakhs

Read More

Homebuyers can seek higher compensation than what is mentioned in agreement for delayed flat: National Commission

Recently, the Apex Consumer Court has passed an encouraging order for consumers whereby it held that builders can’t take advantage of the builder-buyer agreement to pay Rs. 5 per sq. feet per month as compensation for delay in handing over flats for unreasonable period. The buyers have the

Read More

A tale of three builders – Unitech, Amarpali and Jaypee and many many homebuyers

The months of August and September 2018 turned out to be a crucial time for three real estate giants – namely Unitech, Amrapali and Jaypee – as the Supreme Court passed orders against them in three different cases. That notwithstanding, the question remains: are homebuyers protected from errant

Read More

Submitting ‘Execution’ Petition at Consumer Court: Is there a timeline?

“There is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts.”
~ Mohandas Karamchand Gandhi
What if you have won your case in the consumer forum but the opposite party does not care to respond to the jury’s

Read More

Consumer Protection Act is not a tool to create ’nuisance Value’ In Government Offices: National Commission

National Commission dismissed a petition saying that Consumers can’t use Consumer Protection Act as a tool to create “nuisance value” in government offices. The order was passed in a very peculiar case in August, 2018, where an unemployed youth sought damages amounting to Rs. 87 Crore from Employment

Read More

Delhi consumer commission orders hospital to pay Rs 25 lakh compensation

The Delhi State Consumer Disputes Redressal Commission has asked Jaipur Golden Hospital to pay Rs 24 lakh as compensation and Rs 1 lakh as litigation cost to the family of a man, Nitin Dabla, who died there during treatment due to deficient service.
“This may serve the purpose

Read More

Keep patients info private: Andhra Pradesh consumer commission

The Andhra Pradesh State Consumer Redressal Commission has asked doctors and hospitals to not share patient information unless required by a court of law, and warned of possible legal consequences if they go against this. The Commission was dealing with a home-loan case against SBI. The Commission stated

Read More

SC remands Jaypee matter to NCLT leaving homebuyers in an unresolved state

In a setback for the harassed homebuyers in Jaypee’s projects, the Supreme Court remanded the matter back to the National Company Law Tribunal (NCLT). While homebuyers are now upset considering no conclusive resolution is in sight, the SC has said that homebuyers should be included in the committee of creditors in

Read More

How airlines estimate flight ticket cancellation charges? Are they legally valid?

In last few years, Airlines have witnessed huge decrease in airfares which gave normal middle class passengers a chance to experience flying without spending much. However, flight ticket cancellation charges are still exorbitant and you get a negligible refund amount. At times it’s a zero refund which refrains

Read More

Case Study: PROVISIONS OF RERA WOULD BE APPLICABLE TO LONG TERM ‘LEASE AGREEMENTS’ by Lavasa WHERE SUBSTANTIAL INVESTMENT IS MADE: BOMBAY HIGH COURT

In a recent pronouncement, the Bombay High Court has held that provisions of the Real Estate (Regulation and Development) Act, would apply in case of agreements styled as ‘Agreement to Lease’ will apply in case of agreements styled as ‘agreement of lease’ when the lease period is long and

Read More

Delhi High Court Asks Railways to Create a Mediation Policy

The Delhi High Court, vide order dated 01.06.2018, has suggested the forming of a ‘litigation policy’ by the Railways to address tortuous claims of compensation filed against it. In the Court’s view, the whole purpose of granting compensation to the victim is defeated if the amount does not

Read More

Case Study: Consumer can’t claim compensation if the “Necessary Parties” are not included in the Consumer Court Case

Before filing their case at the consumer court, consumers should get the facts very clear and include all necessary/proper parties in the complaint to avoid dismissal of the same. Non-inclusion of necessary/proper parties can turn out be grounds for dismissal of the complaint even if all others facts

Read More

Retailer ordered to compensate for selling cake post expiry date

A consumer court in Bengaluru has awarded a consumer Rs 10,090 as compensation after he was sold cakes worth Rs 90 at a Reliance Fresh outlet post the expiry date.
 
R Jayachandran, the litigant, said that he was sold a packet of cakes at the outlet on

Read More

Delhi consumer court fines government department for deficiency in service

The consumer forum, New Delhi district, headed by President Arun Kumar Arya, has held the Central Public Works Department (CPWD) guilty of ‘deficiency in service’ for not providing garbage bins in a government residential colony. The court has also imposed a fine of Rs 5,000 on the CPWD,

Read More

CONFLICT BETWEEN THE PROVISIONS OF INSOLVENCY AND BANKRUPTCY CODE, 2016 AND REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

In recent years, multiple laws have been enacted to consolidate the various sectors and functioning of the country’s economy. Examples include Insolvency and Bankruptcy Code, 2016, Real Estate (Regulation and Development) Act, 2016 (RERA), and Goods and Services Tax Act, 2017. Quite inevitably, some provisions of the different laws are

Read More

Haj pilgrims are not consumers, can’t claim refund, says top consumer court

Haj pilgrims are not consumers, the National Consumer Disputes Redressal Commission (NCDRC) has observed while denying relief to a man and his son who claimed refund for being provided lower-category services by the Haj Committee of India in 2008 despite paying for a higher category.
“It would thus

Read More

Living Will becomes crucial since Passive Euthanasia is legal in India now

In March this year, in what was a landmark judgement, the highest court of the country allowed ‘peaceful death’ (passive euthanasia in medical terms) of terminally ill (vegetative state) patients when according to medical advice the patients are in ‘coma’ or in a state of condition where their

Read More

Delhi high court asks railways to set up a mediation policy after deciding 30 years accident claim

INTRODUCTION:
Recently, the Delhi High Court suggested forming a “Litigation Policy” by the Railways to address tortuous claims of compensation filed against it. The Court said that the whole purpose of granting compensation to the victim is defeated if the amount do not become available immediately. Due to

Read More

Alcohol bottles will start carrying ‘don’t drink & drive’ label

All bottles containing alcoholic beverages will carry a statutory warning telling people that alcohol is harmful to health and asking them not to drink and drive. This regulation will come into force from 1 April 2019, the country’s food regulator Food Safety and Standards Authority of India (FSSAI)

Read More

Key Differences Between Mediation and Arbitration

The difference between mediation and arbitration can be drawn clearly on the following grounds:

A process of conflict settlement wherein an independent third party, assist the parties involved in arriving at decision, agreeable to all, is known as mediation. Arbitrationis a private trial, wherein a rational third party analyse the

Read More

Consumer Interest Protected by National Company Law Appellate Tribunal

Gone are those days when builders held all the power, and the buyer were supposed to beg for his or her own property’s possession. India is changing now and the attitude of the National Tribunals is also changing in favor of the buyers. This scenario was highlighted recently by

Read More

Packers and Movers are Service Providers : Some cases of Negligence

When we want to move houses, we would like to ensure our precious items are packed well. We want this transition to be hassle-free. You look for the best professional packers and movers company.Yet, what if things don’t go as planned? What if your belongings get damaged due

Read More

Have a Grievance against a NBFC? There is an Ombudsman to go to

Thanks to the new Ombudsman Scheme launched this year, individuals investing in fixed deposit schemes of non-banking financial companies (NBFCs) now have a government body to fall back upon in case of deficiency in service including any default in their deposits. This move was

Read More

Not Allowed to Board a Flight? The airline could be at fault

In the recent case of Air France versus OP Srivastava & Others (First Appeal No. 310 OF 2008), the National Consumer Disputes Redressal Commission (NCDRC) held that not permitting a passenger holding a confirmed ticket to board a flight amounted to deficiency in service

Read More

Can Consumer Forums Set Aside the Arbitration Clause?

After 2015, the year in which an amendment was made to Section 8 of Arbitration and Conciliation Act, 1996, several cases were discussed at the National Commission as well as the Supreme Court wherein it seemed that the amendment clause was being used as

Read More

No need to pay extra for bottled water at cinemas, malls and airports: Ram Vilas Paswan

As consumers, we feel helpless when we get charged extra for buying packaged water at cinema halls, railway stations and airports even though the maximum retail price (MRP) is printed on the bottle. Charging extra for bottled water has been in practice for a long time and so

Read More

Abide by what you say: Consumer court directs Chhattisgarh Housing Board

The Raipur consumer court has directed the Chhattisgarh Housing Board (CGHB) to accomplish within a year what it had depicted in its brochure to lure customers ahead of the launching of its housing project. The Raipur district consumer disputes redressal forum also asked the Board to pay Rs

Read More

Consumers can approach civil and consumer courts too for compensation in case denied boarding: DGCA

The Delhi High Court has confirmed that the Civil Aviation Rules provide an immediate relief as compensation to passengers who are denied boarding. This does not mean that there is a cap on compensation payable and passenger can sue for deficiency in service as well. In its order

Read More

The NEW CONSUMER PROTECTION BILL, 2018

Six Reasons to cheer for it!
The working of the consumer dispute redressal agencies under the Consumer Protection Act of 1986 has served the purpose of the legislation very efficiently however, the disposal of cases has not been fast due to various constraints. Several shortcomings have been noticed

Read More

SUPREME COURT ON 13.03.2018 EXTENDS DEADLINE OF 31.03.2018 FOR MANDATORY LINKAGE OF AADHAAR WITH BANK ACCOUNTS, MOBILE AND PAN TILL THE DISPOSAL OF AADHAAR CASES

There is good news for all those who have still not linked their Aadhar with bank accounts and mobile. The order passed by the Supreme Court dated 13.03.2018 came as relief over the uncertainty that whether the deadline for linking of Aadhaar would be extended beyond March 31

Read More

Builders can’t force Buyers to go for Arbitration

Ankur Saha, Head-Legal Desk: Arbitration has been introduced in the legal system to enable speedy resolution of disputes in civil cases. It is common knowledge that litigation in civil cases can go on for years in a trial court as per Civil Procedure Code (CPC). Litigation requires strict

Read More

SBI guilty of deficiency in service

Akola district’s consumer forum has held State Bank of India (SBI) guilty of deficiency in service for debiting money from a bank account despite a failed ATM withdrawal and awarded a compensation of Rs 3,000 to the accountholder.
Besides awarding the compensation, the consumer forum also directed the

Read More

Forums in Delhi are faced with a backlog of 18,000 cases

With an aim to expedite the redressal mechanism and resolve pending cases, a proposal for enhancing manpower, spaces and financial resources in the Consumer Affairs Department of the Delhi government is being examined by its Law Department.
Delhi State Consumer Disputes Redressal Commission and various district consumer forums

Read More

Aakash Institute penalised for poor service

Convinced that Aakash Institute had failed to provide the services it promised, Ahmedabad consumer forum has penalised the institute and asked its Ambawadi branch of to pay Rs 20,000 to the complainant along with eight per cent interest from 14 September 2017 till the date of payment. It also asked

Read More

SBI to compensate for issuing recovery notice for settled loan

In an interesting ruling, Nagpur district consumer forum has directed State Bank of India (SBI) to pay compensation to a customer for sending him a recovery notice for a loan that was already repaid.
“This decision will have long-lasting impact on banks for sending recovery notices even after

Read More

Airtel found guilty of overbilling

Bengaluru consumer forum has ordered Airtel to pay Rs 5,000 as compensation for overbilling a customer and forcing him to pay the inflated bill by abruptly disconnecting his service. The customer had opted for a particular plan that had a clear credit limit. However, Airtel charged him beyond

Read More

Britannia fined for selling packet with less than printed weight

Ahmedabad consumer forum has fined Britannia Industries for selling biscuit packets that weighed less than what was printed on them. The forum also asked the company to deposit Rs 25,000 in the Consumer Welfare Fund as a fine and pay another Rs 6,000 to Lalji Patel, the complainant.
Patel had

Read More

Case Study: Consumer Forums cannot entertain cases pending at Civil Court

It is common sense. No sane individual would want two different sets of jury in two different courts to deliberate on the same case at the same time. Moreover, if one court is a higher civil authority and the other focuses solely on consumer issues, the latter cannot

Read More

Arbitration agreements cannot oust the jurisdiction of consumer forums

In a recent judgement, the Supreme Court affirmed that arbitration agreements cannot oust the jurisdiction of consumer forums. The order will benefit homebuyers who usually have an arbitration clause in their agreements with the real estate companies. Such clauses lay down that in cases of disputes, aggrieved consumers will have to

Read More

SC gives four weeks to Centre to file model rules on consumer fora

The Supreme Court in the last week of January 2018 granted four more weeks to the Centre to file comprehensive model rules to deal with various aspects of the functioning of consumer fora across the country.
The top court, in its verdict on 21 November 2016, had taken

Read More

Croma store fined for refusing refund on failed transaction

A consumer court in Bengaluru has ordered Croma store, Koramangala, to refund the payment it had collected from a north Bengaluru customer for a washing machine. The store had refused to deliver the machine, claiming that the debit card transaction had failed. It was ordered to pay Chitransh

Read More

School asked to refund fee for mistreating child

In Bengaluru, improper treatment meted out by a teacher at Royale Concorde International School had forced a five-year-old Class I girl student to refrain from going to school. The school authorities had refused refund of admission fee despite several requests to the management.
Stating that a teacher should

Read More

76% of LED bulb brands and 71% of LED downlighter brands in India flout consumer safety standards: Nielsen study

In a Nielsen study conducted across four major Indian cities – New Delhi, Mumbai, Ahmedabad and Hyderabad – 76 per cent of LED bulb brands and 71 per cent of LED downlighter brands across 200 electrical retail outlets were found to be non-compliant with consumer safety standards, as

Read More

Electricity company cannot cut power without notice

Mysore Grahakara Parishat (MGP) had recently received two complaints, both from senior citizens, over the disconnection of electricity supply.
In a case from Vijayashreepura, the consumer had forgotten to pay the electricity bill, and in a case from VV Puram, the consumer had paid the bill but Chamundeshwari

Read More

Disputes Resolution under RERA Act 2016

A Guide for homebuyers on RERA Rules and RERA Complaints
The Real Estate (Regulation and Development) Act (RERA), which came into force on 1 May 2016, seeks to protect the interests of homebuyers as much as it hopes to boost investments in the real

Read More

Aman Anti Ragging Movement (Aman Kachroo) – A Case Study

‘My death will bring about a change’. And it did.
These were the words of Amman Satya Kachroo, a student of Dr Rajendra Prasad Government Medical College, Kangra, Himachal Pradesh, in his suicide note. He had ended his life after being traumatized and depressed due to continuous ragging by

Read More

Builders can’t force buyers to go for arbitration or mediation

Here is some good news for buyers of real estate property. India’s Apex Court has ruled that real estate players cannot force buyers to settle their disputes through arbitration by stopping them from approaching consumer forums.  It is a well settled law that arbitration agreements do not bar

Read More

Anti Ragging Law and Ragging in University

Guidelines for Educational Institutes Against Ragging
Ragging is not something new and inspite of the fact that it is a punishable offence, the practice continues to haunt not just students but also their parents, teachers as well as the law-and- order machinery. While we are all aware of

Read More

GIR 2016- Limits, Controls and Hampers Consumer’s Right to Information

In this Digital Era Consumers are using various services depending on navigation and maps such as booking a cab, sharing a location, finding post office, bank or petrol pump. Be it for ordering food by sharing a location, geotagging friends and family members over social platform or even

Read More

Bombay High Court repels builders’ challenge to Real Estate Regulation ACT

The new judgement by the Bombay High Court upholding the constitutional validity of the RERA Act or Real Estate (Regulation and Development) Act, 2016 rhas brought cheer to the thousands of homebuyers staring at uncertainty due to unfinished and delayed building projects all over India. The parliament had

Read More

Consumer forum asks bank to compensate customer for breaking locker without following RBI norms

Punjab National Bank’s officials broke the locker of a customer over pending rent without following RBI norms. The aggrieved consumer complained about this to the court, which instructed the bank to pay Rs 50,000 with nine per cent yearly interest as physical and mental harassment charges to the

Read More

Forum orders immigration firm to refund Rs 1.74 lakh and $5,700, fines Rs 50,000

A resident of Panchkula was assured by Worldwide Immigration Consultancy Services of getting his immigration on permanent residency (PR) to Canada within a year, but nothing was done. The Panchkula Consumer Forum has penalised the immigration firm of Rs 50,000 and ordered it to refund Rs 1.74 lakh

Read More

Central investigation agency will probe companies cheating consumers

In a move that will strengthen the revised Consumer Protection Act, the government is likely to set up a special investigation agency that will probe companies that are accused of cheating consumers. The agency will work along the lines of other investigating agencies that probe cyber and economic

Read More

The New Consumer Protection Law

The Consumer Protection Bill, 2015, has passed the legislative deliberations test in the Parliamentary Standing Committee, which has recommended improvements and plugging of gaps to make it more effective. Currently a Cabinet Committee is deliberating on the changes proposed by the Standing Committee and the revised bill

Read More

Food Standards

Codex
PFA Act
Genetically Modified Food

1. Codex
Food Standards and Safety in a Globalised World The Impact of WTO and Codex
Infant food standards-their relavance at codex and WTO
Consumer and CODEX Alimentarius
2. PFA
Food Additives
The Prevention of Food Adulteration

Read More

Misleading Ads

Misleading Ads, Celebrities, Accountability, and Self-Regulation
Most of us have been victims of deceptive advertising. This in itself is not quite surprising, considering the sheer volume of commercial messages that daily try to reach us one way or the other, via images that are intended to persuade/cajole/tempt. What

Read More

Food Safety Concerns – When, Where and How to Report it

Got a cockroach in your sandwich or misled by a food advert? Yes, you must be angry, asking for a refund or simply throwing the food packet in the garbage. But are you aware of the actions that you can take against these wrongdoings?
Though food safety in

Read More

The first-ever trade-liberalization package from WTO India got food security flexibility

It was touch and go over six intense days at Bali in early December. In the end, the World Trade Organization’s(WTO) Ninth Ministerial Conference delivered a trade-liberalization package — the first-ever deal that the WTO could craft since it came into being in 1995. And this came after

Read More

A Reflection on Consumer Rights

As we mark World Consumer Rights Day in March, there is a good reason to make it a sort of sounding board to look back, think, pause, and see where consumers—which means all of us—stand with regard to their rights. Too many changes are happening and at a

Read More

Fill in your details

 

Verification

Recent Posts

 

Enquiry

Enquire Now

 

Verification