Consumer Protection Act
[Mumbai Floods 2005] NCDRC dismisses Leela Hotel insurance claim of Rs 6 Crores
“The report of the surveyor can be contested by the insured for valid reasons. The insurer is required to consider the report of the surveyor appointed by it although he is not bound to accept the report in entirety.”
Supreme Court affirms the order of the Bombay High Court supporting lawyers with 10 years’ experience to be considered for Consumer Commission appointment
“In absence of transparency in the matter of appointments of President and Members and in absence of any criteria on merits the undeserving and unqualified persons may get appointment which may frustrate the object and purpose of the Consumer Protection Act”, observed the Bench.
Supreme Court| ‘Exclusion clause’ destroying the contract entered with knowledge, cannot be permitted to be used by a party who introduced it, to avoid liability
Supreme Court: In an appeal against the decision of the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the commission having
Supreme Court sets aside NCDRC’s judgment reducing almost Rs. 14 Lakhs of compensation granted by State Commission to Rs. 10,000
Supreme Court: In an appeal filed against the judgment passed by the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the
2022 SCC Vol. 8 Part 3
Civil Procedure Code, 1908 — Or. 7 R. 11(d) and Or. 14 R. 2: Limitation as a ground for rejecting
Delhi High Court stays CCPA ruling on levying service charges in hotels and restaurants as an unfair trade practice
Delhi High Court: Yashwant Varma, J. stayed the ruling passed in the form of guidelines by the Central Consumer Protection Authority (‘CCPA’)
Indian Dhows sinking & hijacking by Somali Pirates| Delay in repudiating insurance claim cannot be the only factor to presume deficiency in service: SC
Supreme Court: In an interesting case regarding insurance claim, the Division Bench comprising Hemant Gupta and V. Ramasubramanian*, JJ., reversed the NCDRC’s
A child was found HIV + 2 decades ago, after a blood transfusion; NCDRC reprimands discussion on “ifs” and “buts” as it would be against the object of Consumer Protection Act
National Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member), on finding that a child
If a person makes an investment in shares, will he be considered a Consumer under S. 2(1)(d) of Consumer Protection Act? NCDRC elaborates in view of ‘earning livelihood’
National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath, Presiding Member, held that the complainant was not investing money in the share market
Constitutional Validity of S. 29A of Consumer Protection Act | Whether absence of President of State Commission or District Forum for reasons beyond control is sufficient for striking down S. 29A as unconstitutional? Bom HC decides
Bombay High Court: Stating that, the Courts cannot examine the constitutional validity if a situation created by impugned legislation is irremediable, the
Will Tax deducted at source be attracted on compensation awarded under Consumer Protection Act “in the form of simple interest”? NCDRC answers
National Consumer Disputes Redressal Commission (NCDRC): The Coram of Dinesh Singh (Presiding Member) and Justice Karuna Nand Bajpayee (Member) expressed that in
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 cannot be forced to pay “service charge” in a restaurant: Consumer Forum finds conduct of restaurant contrary to principles of Consumer Protection Act
District Consumer Disputes Redressal Commission, Kolkata Unit-II(Central): While holding against the service charge, charged by a restaurant, Coram of Swapan Kumar Mahanty
Can retailers/shopkeepers charge for ‘carry bags’ with their brand logos printed on them? Consumer Forum explains
District Consumer Disputes Redressal Commission, Hyderabad: Coram of M. Anuradha President (FAC) and Lakshmi Prasanna, Member, held that, Retailers/shopkeepers charging for plastic/paper/cloth
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.
Consumer Forum | Can complainant raise consumer dispute where excess electricity duty is charged? Is he overriding statutory remedy if he already approached the Collector? Read on
Consumer Disputes Redressal Commission Gujarat State, Ahmedabad: Justice V.P. Patel, President and U.P. Jani, Member, addressed an appeal which was raised in
DSCDRC | If a car is purchased for company’s Vice-President’s personal use, would VP come under the umbrella of Consumer Protection Act? Read on
Delhi State Consumer Disputes Redressal Commission (DSCDRC): Coram of Dr Justice Sangita Dhingra Sehgal (President) and Anil Srivastava (Member) decided on the