Consumer Archives - Page 18 of 22 - Supreme Court of India Judgements

Medical Negligence–As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 763 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.1385 of 2001…

Consumer

Accident—Insurance—Cancellation of Policy—Intimation sent through registered post would be deemed to be served—Burden of proof is on insurer to prove non receipt of intimation

Dec 18, 2018 sclaw

2018(4) Law Herald (SC) 2880 (FB) (Ker) : 2018 LawHerald.Org 1754 IN THE HIGH COURT OF KERALA [FULL BENCH] Before Hon’ble Mr. Justice V. Chitambaresh Hon’ble Mr. Justice P.B. Suresh…

Consumer

Medical Negligence—Post surgery ailments—Patient was not able to prove that the ailments which she suffered after she returned from the hospital were result of faulty surgery (removal of Gall Bladder) by the doctor and such aliments were not normal post surgery effect-Complaint dismissed.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2772 : 2018 LawHerald.Org 1611 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Vineet Saran Civil Appeal No.3971…

Consumer

Consumer–Housing–Unwarranted and unnecessary delay in granting sanction of construction plan—Compensation awarded.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2750 : 2018 LawHerald.Org 1612 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

Consumer

Medical Negligence–Expert opinion–Opinion of Expert Doctor obtained without sending him complete record of medical treatment (i.e. original, x-ray, MRI report)–On basis of report Commission gave finding that there was no negligence–Commission directed to forward all records of treatment to the Doctor for his expert opinion–Commission to pass fresh order after receipt of expert opinion. Expert opinion–An expert is not a witness of fact and his evidence is really of an advisory character

Nov 21, 2018 sclaw

2010(1) LAW HERALD (SC) 359 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 5991 of 2002…

Consumer

Forums below recorded a concurrent finding of fact that there is negligence on the part of the bank in rendering the services–Order upheld by Supreme Court.

Nov 9, 2018 sclaw

2010(1) LAW HERALD (SC) 75 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice T.S. Thakur Civil Appeal No. 1064 of 2003…

Arbitration Consumer

Consumer—Written Statement—Period of filing within 45 days and not beyond that—Judgment of J,J. Merchant and New India Assurance case distinguished and period held to be directory– Arbitration—Objections—Prior Notice—Provision of 5.34(5) of the Act held to be directory/ and not mandatory

Oct 2, 2018 sclaw

2038(3) Law Herald (SC) 1965 : 2018 LawHerald.Org 1411 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mr. Justice Indu Malhotra Civil Appeal No.…

Consumer

IMP ::: Housing—Delay in Delivery—Merely saying that time is not specified in the agreement and the Housing Board cannot take whatever time period is convenient for them to complete the promised amenities—It amounts to unfair trade practice.

Aug 26, 2018 sclaw

2017(1) Law Herald (SC) 756 (NCDRC) : 2017 LawHerald.Org 811 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mrs. Presiding Member M. Shreesha Revision Petition No. 1188 of…

Consumer

Consumer Protection Act, 1986, S.12–insurance–Life Policy-Mere non disclosure of the earlier policy taken by the insured while filling the proposed form for obtaining the second policy does not amount to suppression of material fact

Aug 26, 2018 sclaw

2017(1) Law Herald (SC) 754 (NCDRC) : 2017 LawHerald.Org 810 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member Dr. B.C. Gupta The Hon’ble Mr. Member…

Consumer

Consumer Protection Act, 1986, S.12–lnsurance–Medical Policy-Merely because it has been mentioned that insurance under the policy was subjects to conditions, clauses, warranties, exclusion, etc. attached, in the absence of attaching aforesaid conditions, exclusion, etc., it cannot be presumed that expenses incurred in treatment of disease were excluded from the coverage.

Aug 26, 2018 sclaw

2017(1) Law Herald (SC) 752 (NCDRC) : 2017 LawHerald.Org 809 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member K.S. Chaudhari Revision Petition No. 911 of…

Medical Negligence–As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.

Accident—Insurance—Cancellation of Policy—Intimation sent through registered post would be deemed to be served—Burden of proof is on insurer to prove non receipt of intimation

Medical Negligence—Post surgery ailments—Patient was not able to prove that the ailments which she suffered after she returned from the hospital were result of faulty surgery (removal of Gall Bladder) by the doctor and such aliments were not normal post surgery effect-Complaint dismissed.

Consumer–Housing–Unwarranted and unnecessary delay in granting sanction of construction plan—Compensation awarded.

Forums below recorded a concurrent finding of fact that there is negligence on the part of the bank in rendering the services–Order upheld by Supreme Court.

IMP ::: Housing—Delay in Delivery—Merely saying that time is not specified in the agreement and the Housing Board cannot take whatever time period is convenient for them to complete the promised amenities—It amounts to unfair trade practice.

Consumer Protection Act, 1986, S.12–insurance–Life Policy-Mere non disclosure of the earlier policy taken by the insured while filling the proposed form for obtaining the second policy does not amount to suppression of material fact

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Res Judicata Principle Applies To Different Stages Of Same Proceedings As Well

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

Supreme Court of India Judgements

Category: Consumer

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