Choose a Category... Advertisements Airlines / Air Cargo Banking & Finance Consumer Definition Defective Goods Education Electricity Housing Insurance Interim Orders Jurisdiction Lawyers Medical Negligence Others Railways summery procedure before consumer fora

At times two banks have the agreement that customer of one bank can use ATM of other bank. In such case if transaction done with the ATM of other than own bank is faulty, consumer cannot have claim with the bank where he is actually not having account. Recently national commission has dealt with a case of Chenaram v Oriental Bank of Commerce &others 11 2016 CPJ 613 NC and warned the consumer of technical error where consumer has made party to the bank not having account with it .in such a situation consumer needs to contact his own bank. It is the duty of his bank to obtain details from the contracting bank and provide the same to the consumer...

86 Registering officer not liable for thing bona fide done or refused in his official capacity. - No registering officer shall be liable to any suit, claim or demand by reason of any thing in good faith done or refused in his official capacity." In the instant case, neither the appellant pleaded nor has the District or the State forum recorded any finding that the refusal of the Registering Officer or the inaction of the Collector of Stamps was malicious, motivated or mala-fide. In view of the above discussion ,we conclude that both the authorities referred above perform their statutary duties of registering the documents and in the process collecting appropriate revenue for the state ,hence do not fall under the purview of consumer protection act ....

The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors being employed on job basis or employed on contract basis, it is the hospital which has to justify and by not impleading a particular doctor will not absolve the hospital of their responsibilities....

“ the Seeds Act is a special legislation enacted for regulating the quality of seeds and if the respondents had any grievance about the quality of the seeds then the only remedy available to them was to either file an application under Section 10 of the Seeds Act or to approach the concerned Seed Inspectors for taking action under Section 19 read with Section 21 of that Act.” SC did not agree to it in view of the arbitration clause contained in the agreements under Section 8 of the Arbitration and Conciliation Act, 1996 entered between the appellant and the growers, the latter could have applied for arbitration and the Consumer Forums should have non-suited them in view of Section 8 of the Arbitration and Conciliation Act, 1996” SC did not agree to it The growers of seeds, who had entered into agreements with it, are not covered by the definition of `consumer' under Section 2(d) of the Consumer Act because they had purchased the seeds for commercial purpose SC did not agree to it...

(MAIN FEATURES OF THE NEW LAW ON REAL ESTATE)...

Supreme Court has now finally held in the above matter that consumer court shall have the jurisdiction to deal with electricity matter for deficiency in services in all other matters except for theft and unauthorized abstraction of electricity which is also a theft in other way....

“…although Indian Postal Act is an antiquated piece of legislation, dating back to 1898, but as it stands today in 21st century still grants immunity to the postal department”....

Hon’ble commission upheld the judgment pronounced by the State Commission holding cinema hall deficient in services for the reason water supply on the day complainant went for movie was not functional. However partial order for depositing Rs 5000/- to the consumer welfare fund was set aside....

Here is a case decided by hon’ble National Commission where in has been clarified that money demand made by the builder can be termed as invalid demand if construction has not started ....

Escape rout is often opted by the traders and sellers as and when consumer knocks at the door of consumer court by asking for the bill knowing fully well that bill has not been made compulsory till date in the country. However consumer courts accept the secondary evidence such as –visiting card of the seller showing advance given, any hand written slip by the seller which admits the sale or rendering services. National commission has recently rejected all such arguments extended by the sellers to rebut the sale of shampoo pouch after expiry date lapsed 5 years ago even when proper bill could not be produced by the complainant...

The basis of above holding by the National Commission rests on the various earlier judgments .Apex court in the case of Atmaram Properties v/s Federal Motors v11(2005) 1 SCC 705 had held- “There was no bar against initiation of proceedings under section27 of the act merely on account of an appeal having been preferred by the aggrieved party.A prayer for grant of stay of proceedings or on execution of order has to be made specifically to the appellate court and court has a discretion to grant an order of stay or refuse. Merely preferring an appeal does not operate as stay on the decree nor on the proceedings in the court...

Chandu Khamaru v. Nayan Malik reported in (2011) 12 SCC 314: “These provisions in the Electricity Act, 2003 make it amply clear that a distribution licensee has a statutory duty to supply electricity to an owner or occupier of any premises located in the area of supply of the distribution licensee, if such owner or occupier of the premises applies for it, and correspondingly every owner or occupier of any premises has a statutory right to apply for and obtain such electric supply from the distribution licensee.”...

When it comes to the question of pricing and cost of the flat,land or any dewelling,it is an established law that deciding the cost is the authority of housing board and court do not interfere in the domain of the board. But in a case of Rajender Prasad &others against DDA,this was not the situation. Allottees were charged lesser amount under the same scheme with no changes in landcost,construction cost and even taxation structure...

More so ,even the above non-admission of SLP to the Supreme court is considered as refusal of apex court to education as service under consumer protection act,it was two judges bench whereas three judges bench order in the year 2003 &2004 in above two cases shall have overriding effect on this order....

IMPROPER CARE OF ELEVATORS CAUSING DEATH OF A PERSON (IS IT SERVICE UNDER CONSUMER PROTECTION ACT) National Commission held ‘YES’ inspite of the fact no consideration was paid by the complainant for any services. This is a case titled P.G.PAI v/s Care Elevators ENGG. Co. Ltd &others wherein National Commission went into details of each party’s role and responsibility towards public at large....

And now in the passage of time things are changing. National Commission feels the need to re-look at the things and copies of the above said judgments are directed to be sent to the Secretary, Ministry of Law and Justice, Shastri Bhawan New Delhi for information and appropriate action as may be deemed fit and proper....

Office of Deputy Commissioner ,Central Excise and Service Tax Department got a query dated 22.7.2015 from Apex Restaurant Pvt. Ltd Chandigarh on this issue when consumers resisted to give service tax on free home delivery system .There was a reply/ clarification on the subject on 13.8 2015 as hereunder- Food items given under free home delivery system is a sale of food and no service is provided, may it be serving food, ambiance of enjoying air cooling, live entertainment, personalized hospitality etc.Hence no service tax is to be imposed on such transaction...

This letter revealed that complainats had booked the flats in various schemes for the purpose of gain and yielding more benefit and interstingly the letter was written on the letter head of the firm and admitted that all investment was made for multiplying money . On the basis of this admission National Commission held that if more than one flat is booked, it is treated as booking for investment purpose even the nature of property is residential....

These are the cases coming up before the consumer courts.If every thing goes well ,it is good planning for getting home in the heart of city but if it fails ,consumer must understand the consequences of such agreements. -----------------------------------------------------------------...

In yet another case of Shree Chamundi Mopeds v/s Church of South India Trust Association , apex court went further to explain the impact of stay- “Wherein operation of the order has been stayed by the court,it only means that such an order would not be operative from the date of its passing ,it shall remain pending till the disposal of case depending upon its final verdict .Order stayed is not wiped up from existence .”...

Previous 6 7 8 Next