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Latest from our Consumer Rights and Laws Blog

Everything You Need To Know About Maintenance Charges

Mrigank Sharma, a first-time home buyer, who invested in a 3BHK flat knew was in for a rude shock when the developer asked for an extra Rs 2.5 lakhs against the original payment plan as part of maintenance charges. Little did he know that to get the complete possession of […]

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Legal Provisions Under RERA & FAQs On Maintenance Charges: Part II

The Real Estate (Regulation and Development) Act, 2016 (RERA) makes it compulsory under Section (4)(d), for the developer to be responsible for providing and maintaining the essential services, on reasonable charges, till it is taken over by the association of the allottees. On possession, the builder makes the buyer enter into a […]

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NCDRC asks Yash Raj Films to compensate for excluding song from movie ”Fan”

National Consumer Disputes Redressal Commission or NCDRC directed Yash Raj Films (YRF) to pay Rs 10,000 as compensation to a teacher in Maharashtra”s Aurangabad, who was disappointed by exclusion of a song from Shah Rukh Khan-starrer ‘’Fan”. The decision of the NCDRC was made after a complaint was registered by a […]

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Beneficiary of a statutory welfare scheme entitled to remedies under Consumer Protection Act

In a recent judgement, the Supreme Court held that that a construction worker who is registered under the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996 is a ‘consumer’ within the ambit of the Consumer Protection Act 1986. This was observed in the case […]

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FLAT OWNERS’ ASSOCIATION THAT ARE FORMED DUE TO MANDATE OF LAW CANNOT FILE A CONSUMER COMPLAINT: SUPREME COURT

The Supreme Court in its verdict held that an association which consists of members of flat owners in a building, registered compulsorily under the provisions of Karnataka Apartment Ownership Act, 1972, cannot be said to be a voluntary organisation. Therefore it cannot file a complaint under the Consumer Protection Act against […]

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Relief to Star Plus and Bharti Airtel in KBC case

Supreme Court Division Bench, set aside National Commission’s order, in Star India (P) Ltd. v. Society of Catalysts & Anr, directing Star India and Bharti Airtel to collectively pay punitive damages amounting to Rs. 1 crore to the complainant organisation for unfair trade practice in their extremely popular TV game show ‘KBC’ (Kaun banega […]

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Airline Not Obliged To Escort Passengers To Boarding Gate: Supreme Court

Missed your flight? You can miss your flight due to various reasons, vital among them is traffic. Consequences of missing flight could be heavy, both in your pocket and time, as they are expensive to purchase and it also muddle with your schedule. However, still people tend to miss their […]

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

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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. […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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, […]

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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 […]

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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 […]

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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 […]

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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. […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 were filed against a […]

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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 homebuyers. Till […]

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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

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Recent Verdicts from Consumer Forums across India

Bajaj Allianz penalized for denying medical claimBajaj 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 2.46 lakh and […]

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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 consequences if […]

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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 on the […]

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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 the Lokayuktas. […]

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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 the stern […]

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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, 2016, struck […]

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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 a road accident […]

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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 give right […]

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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 or passing […]

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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 the policy. […]

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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 Debbarma and […]

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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 to Chaggan […]

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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 option to […]

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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 builders? The […]

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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 GandhiWhat if you have won your case in the consumer forum but the opposite party does not care to respond to the jury’s order, and does not […]

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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 Exchange for […]

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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 of bringing about […]

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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 that maintaining […]

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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 line with […]

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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 a large […]

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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 when the […]

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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 become available […]

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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 are proven. […]

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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 18 April […]

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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, a central […]

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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 not in […]

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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 be seen that […]

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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 chances of […]

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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 lengthy court process […]

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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) has directed.Citing […]

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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 dispute, hears the parties […]

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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 the National […]

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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 to the […]

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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

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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

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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

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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 far no […]

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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 50,000 each […]

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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 dated 02.02.2018, […]

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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 while administering the […]

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