Consumer Fora Archives

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

Case Briefs Supreme Court

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.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

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,

Case Briefs Supreme Court

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.”

Case Briefs Supreme Court

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

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