Consumer Archives - Page 7 of 21 - Supreme Court of India Judgements

February 23, 2025 10:51 pm

Consumer Protection Act, 1986 Section 27 A -HELD we are inclined to set aside the orders passed and dismiss the complaint. As there is no vicarious liability that can be fastened on the appellant and the appellant’s role cannot be stretched to the policy decision of the Republic of Philippines, the appeal stands allowed.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HCMI EDUCATION — Appellant NARENDRA PAL SINGH — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ. ) Civil Appeal No. 2481…

Consumer

Insurance Claim – Deficiency in service – Delay in processing the claim and delay in repudiation could be one of the several factors for holding an insurer guilty of deficiency in service – But it cannot be the only factor – There was no categorical evidence of any deficiency in service on the part of the Insurance Company.

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER — Appellant Vs. SHASHIKALA J. AYACHI — Respondent ( Before : Hemant Gupta and V.…

Consumer

Consumer – Vehicle Stolen – refused to settle the claim on non submission of the duplicate certified copy of certificate of registration, which the appellant could not produce due to the circumstances beyond his control – Insurance Company directed to pay Rs.12 lakhs insurance along with interest @7 per cent from the date of submitting the claim.

Jul 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH GURMEL SINGH — Appellant Vs. BRANCH MANAGER, NATIONAL INSURANCE CO. LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Consumer

HELD The findings of the MCI on the conduct of Respondent 1 forms basis for the court to hold a case of medical negligence leading to deficiency in his services. Judgment of the N C D R C, set aside.

May 28, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH HARNEK SINGH AND OTHERS — Appellant Vs. GURMIT SINGH AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam…

Consumer

Writ petition against order passed by NCDRC – Maintainability – Writ petition under Article 227 of the Constitution of India against the order passed by the National Commission which has been passed in an appeal under Section 58(1)(a) (iii) of the 2019 Act is maintainable

May 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH IBRAT FAIZAN — Appellant Vs. OMAXE BUILDHOME PRIVATE LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

Consumer

Insurance claims cannot be rejected on the basis of definition of terrorism in penal laws – When the policy itself defines the acts of terrorism in the Exclusion Clause, the terms of the policy being a concluded contract will govern the rights and liabilities of the parties

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARSINGH ISPAT LIMITED — Appellant Vs. ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Consumer

Medical Negligence – Merely because doctors could not save the patient, that could not be considered to be a case of post operative medical negligence – A medical practitioner is not to be held liable simply because things went wrong

Apr 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. (MRS.) CHANDA RANI AKHOURI AND OTHERS — Appellant Vs. DR. M.A. METHUSETHUPATHI AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay…

Consumer

Consumer Protection Act, 1986 – Section 14(1) – Sale of Goods Act, 1930 – Section 2(7) – Manufacturer defect – Failure to provide an airbag system which would meet the safety standards as perceived by a carbuyer of reasonable prudence, should be subject to punitive damages which can have deterrent effect.

Apr 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HYUNDAI MOTOR INDIA LIMITED — Appellant Vs. SHAILENDRA BHATNAGAR — Respondent ( Before : Vineet Saran and Aniruddha Bose, JJ. ) Civil Appeal No.…

Consumer

A consumer invoking the jurisdiction of the Commission can seek such reliefs as he/she considers appropriate. A consumer can pray for refund of the money with interest and compensation. The consumer could also ask for possession of the apartment with compensation. The consumer can also make a prayer for both in the alternative.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH EXPERION DEVELOPERS PVRIVATE LIMITED — Appellant Vs. SUSHMA ASHOK SHIROOR — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri…

Consumer

Consumer Protection Act, 1986 – Section 2(1)(d) – Consumer Complaint – Relations between the appellant and the respondent is purely “business to business” relationship – As such, the transactions would clearly come within the ambit of ‘commercial purpose’.

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRIKANT G. MANTRI — Appellant Vs. PUNJAB NATIONAL BANK — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil Appeal…

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C P C

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.

Feb 16, 2025 sclaw

Stamp Act State Laws

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).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Child Custody

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

Feb 9, 2025 sclaw

Category: Consumer

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