Consumer Medical negligence – Where the treatment is not successful or the patient dies during surgery, it cannot be automatically assumed that the medical professional was negligent – Indicate negligence there should be material available on record or else appropriate medical evidence should be tendered – Negligence alleged should be so glaring, in which event the principle of res ipsa loquitur could be made applicable and not based on perception September 17, 2021 sclaw
Consumer Consumer fora under the Act would not have jurisdiction to entertain the consumer complaints on the ground of deficiency in service related to transfer of title of the immovable property – It is not a case of the deficiency in service as contemplated by Consumer Act but definitely a case of exercise of jurisdiction in an arbitrary and discriminatory manner. Direct the Chandigarh Administration to decide the claim of conversion as on the date when consumer complaints were filed – Such action shall be taken within 3 months. September 16, 2021 sclaw
Consumer Consumer Protection Act, 1986 – Section 24A – Insurance Act, 1938 – Section 64- UM(c) – Fire Insurance Claim – Surveyor report – HELD the reliance placed on the surveyor’s report by the NCDRC without giving credence to the investigation report in the facts and circumstances of the instant case cannot be faulted – Accordingly, the amount as ordered by the NCDRC shall be payable with interest at 9% per annum instead of 12% per annum – Appeal allowed in part. August 28, 2021 sclaw
Consumer Consumer Protection Act, 1986 – Section 2(d) – Subsequent Purchaser of Flat – Relief of interest on refund HELD The equities, in the opinion of this court, can properly be moulded by directing refund of the principal amounts, with interest @ 9% per annum from the date the builder acquired knowledge of the transfer, or acknowledged it. August 8, 2021 sclaw
Consumer Consumer Protection Act, 2019 – Pecuniary jurisdiction – Proceedings instituted before the commencement of the Act of 2019 on 20 July 2020 would continue before the fora corresponding to those under the Act of 1986 (the National Commission, State Commissions and District Commissions) and not be transferred in terms of the pecuniary jurisdiction set for the fora established under the Act of 2019. March 21, 2021 sclaw
Consumer Banks as service providers under the earlier Consumer Protection Act, 1986, as well as the newly enacted Consumer Protection Act, 2019, owe a separate duty of care to exercise due diligence in maintaining and operating their locker or safety deposit systems – February 25, 2021 sclaw
Consumer Delivery of old car – Liability of manufacturer – Unless the manufacturer’s knowledge is proved, a decision fastening liability upon the manufacturer would be untenable, given that its relationship with the dealer, in the facts of this case, were on principal-to-principal basis. February 25, 2021 sclaw
Consumer National Consumer Disputes Redressal Commission to look into the matter, and take necessary steps so that this practice is discontinued, and the reasoned Judgment is passed alongwith the operative order February 21, 2021 sclaw
Consumer Consumer – District Forum has no power to extend the time to file the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Act February 14, 2021 sclaw
Consumer Housing – Allotment of plot – Non-Participation of Allotment Process – Availability of the plot does not give any entitlement to a person who has no right to claim allotment – Any allotment has to be made in accordance with the procedure prescribed and the Rules of the Parishad February 14, 2021 sclaw
