Shoda Devi vs. Deen Dayal Upadhyay Hospital In The Supreme Court Of India Civil Appellate Jurisdiction Civil Appeal No. 2557 Of 2019 (Arising Out Of Special Leave Petition (Civil) No. 26789 Of 2018) Bench: Justices Abhay Manohar Sapre and Dinesh Maheshwari Decided On: 7th March, 2019 Brief facts of […]
Administrator Smt. Tara Bai Desai Charitable Opthalmic Trust Hospital, Jodhpur Vs. Managing Director Supreme Elevators India Pvt. Ltd & Ors.
In The Supreme Court Of India Civil Appellate Jurisdiction Special Leave Petition (Civil) No.18636 Of 2019 Bench: Justices Uday Umesh Lalit & Aniruddha Bose Decided On: October 4th, 2019 Brief facts of the case: In the instant case, the principal issue involved in the matter is whether a Charitable Trust […]
Hospital vicariously liable for medical negligence committed by its Doctors
Maharaja Agrasen Hospital & Ors. vs. Master Rishabh Sharma & Ors. with Pooja Sharma & Ors vs. Maharaja Agrasen Hospital & Ors. Civil Appellate Jurisdiction Civil Appeal No. 6619 of 2016 with Civil Appeal No. 9461 of 2019 (Arising out of Diary No. 15393 of 2019) Bench: Justices Uday Umesh […]
Consumer Fora have the jurisdiction to deal with the legality of the Statutory Fees imposed by the Statutory Authorities
Punjab Urban Planning and Development Authority (Now GLADA) Vs. Vidya Chetal Civil Appellate Jurisdiction SLP (C) NO. 4272 OF 2015 Bench: Justices N.V. Ramana, Mohan M. Shantanagoudar & Ajay Rastogi Decided On: 16th September, 2019 Facts of the Case: The Hon’ble Supreme Court vide its order dated 16.09.2019, passed by […]
Dismissal of consumer complaints on mere technical grounds, defeats the purpose of ensuring justice: Supreme Court
Vibha Bakshi Gokhale vs. Gruhashilp Constructions In The Supreme Court of India Civil Appellate Jurisdiction Civil Appeal No. 4767 Of 2019 Bench: Justices Dr Dhananjaya Y Chandrachud & Hemant Gupta Decided On: May 10th, 2019 Brief facts of the Case: The Supreme Court has held that dismissal of consumer complaints […]
If the purchaser of good uses the good for earning livelihood, he is ‘consumer’: Supreme Court
Sunil Kohli vs. M/S. Purearth Infrastructure Ltd In The Supreme Court of India Civil Appellate Jurisdiction Civil Appeal Nos.9004-9005/2018 Bench: Justices Uday Umesh Lalit, Indira Banerjee & M.R. Shah Decided On: October 1st, 2019 Brief facts of the Case: The bench comprising Justice Uday Umesh Lalit, Justice Indira Banerjee and […]
Supreme Court nullified builders’ effort to oust homebuyers from consumer courts and insolvency proceedings
Pioneer Urban Land and Infrastructure Limited & Anr. Vs. Union Of India & Ors In The Supreme Court of India Civil Original/Appellate Jurisdiction Writ Petition (Civil) No. 43 Of 2019 Bench: Justices R.F. Nariman, Sanjiv Khanna and Surya Kant Decided On: August 9th, 2019 Many builders have filed a combined […]
In class action suits, oneness of the interest is akin to a common grievance against same person: Supreme Court.
Anjum Hussain Vs Intellicity Business Park Pvt Ltd Civil Appeal No. 1676 Of 2019 Bench:Justices Arun Mishra & Uday Umesh Lalit Decided On: 10th May, 2019 Brief facts of the Case: Oneness of the interest is akin to a common grievance against the same person, said the Supreme Court […]
Unfair to make homebuyers wait indefinitely for possession, directs developer to refund money: National Commission.
Alok Kumar Vs M/S. Golden Peacock Residency National Consumer Disputes Redressal Commission New Delhi Consumer Case No. 1315 Of 2018 Bench: J R.K. Agrawal, President and M. Shreesha, Member Decided On: 6th September, 2019 Brief facts of the Case: The National Commission in the case of Alok Kumar v. M/S. […]
Top Ten Judgments Of 2019
The new Consumer Protection Act of 2019 has finally seen the light of the day by replacing the old Act of 1986. Lot has been done in 2019 in Consumer Law. Well, the Act has been modified to strengthen the Consumer Law. It is the case laws where court/commission interprets relevant sections and […]
Top 10 Judgements of 2019, Top 10 consumer cases of 2019
Homebuyers can’t be forced to accept possession in case of unreasonably delayed flat: Supreme Court. Pioneer Urban Land & Infrastructure Ltd. vs. Govindan Raghavan In The Supreme Court of India Civil Appellate Jurisdiction Civil Appeal No. 12238 Of 2018 Bench: Justices Uday Umesh Lalit & Indu Malhotra Decided On: April […]
राष्ट्रीय उपभोक्ता दिवस (24 दिसंबर) पर विशेष रिपोर्ट : ताकि गुमराह न हो देश का उपभोक्ता
देश में 24 दिसंबर को राष्ट्रीय उपभोक्ता दिवस मनाने का उद्देश्य उपभोक्ताओं को उनके हितों के संरक्षण के प्रति जागरूक करना है। बढ़ते बाजारवाद के चलते आज के दौर में हर कोई उपभोक्ता है। उदारीकरण के इस दौर में जैसे ही हम अपनी जरूरत की कोई चीज या सेवा लेते […]
Consumer Protection Bill, Product Liability and Brand Protection
Author: Nakul Pasricha, President, Authentication Solution Providers’ Association (ASPA) The Consumer Protection Bill 2019 has been passed by Parliament, replacing the more than three decades old Consumer Protection Act, 1986. While the earlier law did cover unfair trade practices, the current one makes it more comprehensive. It is a […]
Digital Payments and Risks
Consumer confidence is a key determinant for ensuring growth of digital payment industry. Frauds are bound to dent consumer confidence which includes Phishing Frauds. Fraudsters dupe customers through SMS/emails/phone calls to provide sensitive information such as PINS/passwords that may lead to misappropriation of funds from wallets. The Indian Express […]
6 Secrets to Avoid Getting Scammed Via Misleading Ads
Those days are long gone when people used to create advertisements only to persuade consumers to buy their products and services over others. Now, most of the people are using advertising as a tool to mislead consumers into buying or using products and services that are not worth it. It […]
FAQ On Filing Consumer Compliant Online
Indian consumers have become more aware of their rights in recent years. The result of such awareness is that more and more people are filing consumer complaint online and getting justice from the consumer courts. If you have also been cheated by a manufacturer like a manufacturer of a microwave […]
Is the Ice Cream You Buying Worth It?
Ice cream is an indulgence people can barely resist. Most of us have ice creams particularly in the summers to beat the heat while some also have it in winters just for the amazing taste. No matter what your reasons for indulging in ice creams are, you should know that […]
How to Ensure Filing Consumer Court Complaint Online Becomes Fruitful?
Though the problem of getting cheated by a manufacturer or seller is a common one in India, many people hesitate to file a consumer court complaint online. If you are among such people, then you should know that the Indian government is doing all it can to ensure that you […]
Trust Cannot File a Consumer Protection Case as per the Consumer Protection Act
The consumer protection act 1986 has been enacted to help consumers fight for their rights and speak against the injustice done by manufacturers, distributors, retailers or suppliers. But it seems that the consumer protection act cannot be used by a trust.This was stated by the Supreme Court. A recent case […]
How can Consumer Protection Act be a Boon
How Can Consumer Protection Act Be a Boon?The Consumer Protection Act can be a useful tool in a consumer’s arsenal only if the consumer knows how to use it the right way. If you are also an aware Indian consumer who has been cheated, conned or tricked by a product […]
National Consumer Commission Directed ICICI Prudential To Pay Rs. 5 Lakh To A Consumer For Denying Claim
National Consumer Disputes Redressal Commission (NCDRC) the apex consumer forum has directed ICICI Prudential Life Insurance Co Ltd to pay over Rs 5 lakh to a Maharashtra resident for providing deficient services by rejecting his claim for reimbursement of medical expenses on the ground that he had not disclosed a pre-existing […]
Doctor Is Vicariously Liable For The Acts Of His Team Members: National Commission
Death of a child is always painful and if that is due to negligence it can’t get worse. The case is about the death of a three year old girl who was diagnosed from blood cancer. The little one was given three cycles of chemotherapy, and then her bone marrow […]
Apex Consumer Court Directs Mercedes Benz To Pay Rs 2 Lakh To Customer As Compensation For Manufacturing Defects In Vehicle
National Consumer Disputes Redressal Commission, in the case of Mecedes Benz India Pvt. Ltd vs. Prince Bansal &Ors. directed Mercedes Benz to pay Rs. 2 lakh to its customer as compensation for defects in the Mercedes vehicle he had purchased from them. NCDRC did not interfere with the order of […]
Apex Consumer Commission Directs Supertech to Refund 1 Crore To Homebuyer for Delay in Getting Occupation Certification (OC)
In a recent judgement, the Apex Consumer Commission has asked Supertech Limited to refund Rs 1 crore with 10 percent annual interest to a buyer for three year delay in getting OC. The commission said that the homebuyers cannot be made to suffer for the delay of possession even if the villa […]
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 purpose of […]
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 pending or […]
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 the order […]
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, there was […]
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 by flat […]
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 flat with […]
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 use it […]
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 No. 2024 […]
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 Rs 39, […]
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 Rs 20 […]
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 billed for […]
Apex Consumer Court Directed SBI To De-Freeze Pensioner’s Account Stating That “Pension Is For Survival Which Cannot Be Attached”
The National Consumer Disputes Redressal Commission upheld the orders passed by the District Forum and State Commission by rejecting a revision petition filed by State Bank of India in which there was a direction given to the Bank to de-freeze the account of one Manika Sarkar, in which her monthly […]
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 court seeking […]
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 was not at all controversial. […]
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 return her […]
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, the Supreme […]
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 one Mr. Neeraj […]
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 Resolution Professional […]
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 Act read […]
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 per section […]
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, JrImagine this: A fraudulent organization takes your money as a deposit with the promise of higher returns and […]
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 per section […]
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 100 per […]
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 Singh had planned […]
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 as much […]
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 State. Since […]