Category: 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

SUPREME COURT OF INDIA DIVISION BENCH U.P. HOUSING AND DEVELOPMENT BOARD AND ANOTHER — Appellant Vs. NAMIT SHARMA — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ.…

Apartment Buyer’s Agreement – Unfair trade practice – Incorporation of such one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1) (r) of the C P A. HELD intent is clear that a choice or discretion is given to the allottee whether he wishes to initiate appropriate proceedings under the CP Act or file an application under the RERA Act.

1/37 SUPREME COURT OF INDIA FULL BENCH IREO GRACE REALTECH PVT. LTD — Appellant Vs. ABHISHEK KHANNA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Indu Malhotra…

HELD the Financier can take possession of the vehicle if hirer does not pay installments ” However, such repossession cannot be taken by recourse to physical violence, assault and/or criminal intimidation. Nor can such possession be taken by engaging gangsters, goons and muscle men as so called Recovery Agents”

The financier continues to be owner of the goods being the subject of hire purchase, until the option to purchase is exercised by the hirer, upon payment of all amounts…

Developers sell dreams to home buyers. Implicit in their representations is that the facilities which will be developed will provide convenience of living and a certain lifestyle. Developer who has breached a clear representation, is accountable to the process of law. The flat buyers are entitled to compensation for delayed handing over of possession and for the failure of the developer to fulfil the representations made to flat buyers in regard to the provision of amenities. Order of NCDRC set aside as patently erroneous. Appeal allowed.

Developers sell dreams to home buyers. Implicit in their representations is that the facilities which will be developed by the developer will provide convenience of living and a certain lifestyle…

Consumer Law–Negligence–Meaning of–Negligence is the breach of a duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do–Consumer Protection Act, 1986.  

2009(3) LAW HERALD (SC) 1640 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice  Dalveer Bhandari The Hon’ble Mr. Justice  Harjit Singh Bedi Civil Appeal No. 6168 of…

HELD A hospital which renders free services to a certain category of patients, while providing services which are charged to the bulk of others would not lie outside the purview of the consumer fora. Indian Medical Association v V P Shantha 1995 SCC (6) 651 followed. SCOI left open the issue as to whether Safdarjung Hospital would be governed by the provisions of the Act as contained in Section 2(1)(o) (Service).

The Supreme Court has observed that it is only where a hospital provides medical services free of charge across the board to all patients that it would stand outside the…

IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS HELD No fare either by train or by bus shall be charged from any migrant workers – Railway fare shall be shared by the States as per their arrangement as submitted by the learned Solicitor General and in no case any fare should be asked or charged from any migrant workers by the States and the Railways & other interim directions issued.

  SUPREME COURT OF INDIA FULL BENCH IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS ( Before : Ashok Bhushan, Sanjay Kishan Kaul and M.R. Shah, JJ. ) (IA…