SC seeks Centre’s response on how Consumer Fora’s Pecuniary Jurisdiction is decided in view of identified anomalies
The Court accepted that determining the basis of pecuniary jurisdiction is within the domain of the law-making body.
Consumer Fora
Arbitration clause cannot override consumer forum’s jurisdiction; Statutory remedy under Consumer Protection Act remains intact: Supreme Court
Supreme Court: In a civil appeal arising from a dispute concerning delayed delivery of a residential flat, the Division Bench of Vikram
Do District and State Consumer Disputes Redressal Commissions do not have jurisdiction to take cognisance of medical negligence complaints? Ker HC analyses
Kerala High Court: N. Nagaresh, J., decided whether medical service would fall within the ambit of Section 2(42) of the Consumer Protection
Consumer Protection| Can written statement be accepted beyond 45 days? SC settles pre and post New India Assurance Company Verdict conundrum once and for all
The Supreme Court adopted a bright-line standard which obviates uncertainty on the legal position before the consumer fora and obviates further litigation.
Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision
National Consumer Disputes Redressal Commission (NCDRC): Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member)reiterated that the presence of an
NCDRC | Consumer Protection Act, 2019 provides for hierarchy of Consumer Fora to deal with consumer complaints, depending upon pecuniary value of complaint; Complaint filed to demand disproportionate compensation only to inflate value of complaint — Dismissed
National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the complaint reiterated the settled position of law, expressed that,
Proceedings instituted under Consumer Protection Act, 1986 not to be transferred to fora created under 2019 Act with newly prescribed pecuniary limits: Supreme Court
“One can imagine the serious hardship that would be caused to the consumers, if cases which have been already instituted before the NCDRC were required to be transferred to the SCDRCs as a result of the alteration of pecuniary limits by the Act of 2019.”
Supreme Court spells out if consumer fora can apply the New India Assurance company Ltd judgment prospectively and accept the written statement beyond 45 days
Supreme Court: The bench of Dr. DY Chandrachud and MR Shah, JJ has held that consumer fora has no jurisdiction and/or power
Matters of medical negligence, in the absence of allegations of fraud or forgery, are amenable to the jurisdiction of consumer fora
National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of S.M. Kantikar and Dinesh Singh, Members, allowed an appeal filed against the