Consumer Archives - Page 15 of 21 - Supreme Court of India Judgements

Consumer—Appeal—Even if a particular part of order of the State Commission has not been challenged by the respondents, the National Commission can grant the relief otherwise available on the face of record

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1853 : 2019 LawHerald.Org 1228 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No…

Consumer

Consumer—When a Board/Department of State undertakes a activity in discharge of its statutory function, it does not after its “services” and fee paid by user is not the consideration for availing of any service

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1843 : 2019 LawHerald.Org 1226 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. D.Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal No(s).…

Consumer

Consumer—Revision petition against an order passed by State Commission in execution proceedings before National Commission is not maintainable Execution Petition—Execution proceedings even though they are proceedings in a suit, but cannot be considered to be a continuation of the original suit

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1584 : 2019 LawHerald.Org 1016 IN THE SUPREME COURT OF INDIA Before Honlrie Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Consumer

Consumer Complaint—Complaint should not be dismissed on mere technicality—Marginal delays should be condoned

Jul 5, 2019 sclaw

2019(2) Law Herald (SC) 1563 : 2019 LawHerald.Org 1011 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mr. Justice Hemant Gupta Civil Appeal…

Consumer

Consumer—Housing—Delay in delivery of Possession—Interest on refund of amount—One sided clause in agreement would not preclude the buyer from claiming reasonable interest or compensation

Jul 5, 2019 sclaw

2019(2) Law Herald (SC) 1560 : 2019 LawHerald.Org 1010 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Consumer

Foreigners Act, 1946–Wrongly declared to be Foreigner—Once the grandfather’s identity, father’s identity etc. has been established successfully by the appellant then by the mere fact that the father may later have gone to another village is no reason to doubt the documents relied upon

Jun 29, 2019 sclaw

2019(2) Law Herald (SC) 1503 : 2019 LawHerald.Org 951 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Vineet Saran Criminal Appeal No.…

Consumer

Consumer—Housing—Delay in delivery of possession—Compensation to buyer—One sided agreement providing insufficient recompense to flat purchasers does not have binding effect

Jun 25, 2019 sclaw

2019(2) Law Herald (SC) 1482 : 2019 LawHerald.Org 947 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Consumer

Insurance -Exclusion Clause—When insurance company failed to furnish the terms and conditions of the exclusion and special conditions to the policy holder then the same were not binding on the policy holder

May 31, 2019 sclaw

2019(2) Law Herald (SC) 1225 : 2019 LawHerald.Org 915 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Consumer

COMPENSATION TO BE AWARDED – CONSUMER FORA — The amount of the interest is the compensation to the beneficiary deprived of the use of the investment made by the complainant – Therefore, such interest will take into its ambit, the consequences of delay in not handing over his possession – In fact, that the learned SCDRC as well as NCDRC has awarded compensation under different heads on account of singular default of not handing over possession – Such award under various heads in respect of the same default is not sustainable.

May 18, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DLF HOMES PANCHKULA PVT. LTD. — Appellant Vs. D.S. DHANDA, ETC. ETC. — Respondent ( Before : D.Y. Chandrachud and Hemant Gupta, JJ. )…

Consumer

The Commission does have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party. However, such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case.

May 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ANJANEYA JEWELLERY — Appellant Vs. NEW INDIA ASSURANCE CO.LTD. AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ.…

Consumer—Appeal—Even if a particular part of order of the State Commission has not been challenged by the respondents, the National Commission can grant the relief otherwise available on the face of record

Consumer—When a Board/Department of State undertakes a activity in discharge of its statutory function, it does not after its “services” and fee paid by user is not the consideration for availing of any service

Consumer—Revision petition against an order passed by State Commission in execution proceedings before National Commission is not maintainable Execution Petition—Execution proceedings even though they are proceedings in a suit, but cannot be considered to be a continuation of the original suit

Consumer Complaint—Complaint should not be dismissed on mere technicality—Marginal delays should be condoned

Consumer—Housing—Delay in delivery of Possession—Interest on refund of amount—One sided clause in agreement would not preclude the buyer from claiming reasonable interest or compensation

Foreigners Act, 1946–Wrongly declared to be Foreigner—Once the grandfather’s identity, father’s identity etc. has been established successfully by the appellant then by the mere fact that the father may later have gone to another village is no reason to doubt the documents relied upon

Consumer—Housing—Delay in delivery of possession—Compensation to buyer—One sided agreement providing insufficient recompense to flat purchasers does not have binding effect

Insurance -Exclusion Clause—When insurance company failed to furnish the terms and conditions of the exclusion and special conditions to the policy holder then the same were not binding on the policy holder

You missed

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Supreme Court of India Judgements

Category: Consumer

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