Category: Consumer

Compensation sought by the appellants cannot be granted as Section 12-B of MRTP Act empowers the Commission to grant compensation only when any loss or damage is caused to a consumer as a result of a monopolistic, restrictive or unfair trade practice – Appellants have failed to prove unfair trade practice on the part of the respondent, they are not entitled to any compensation.

UPREME COURT OF INDIA FULL BENCH B.B. PATEL AND OTHERS — Appellant Vs. DLF UNIVERSAL LIMITED — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ.…

Deficiency in service – Failure of builder to obtain the occupation certificate is a deficiency in service – Respondent-builder was responsible for transferring the title to the flats to the society along with the occupancy certificate – Failure of the respondent to obtain the occupation certificate is a deficiency in service – members of society society are well within their rights as ‘consumers’ to pray for compensation as a recompense for the consequent liability (such as payment of higher taxes and water charges by the owners) arising from the lack of an occupancy certificate.

SUPREME COURT OF INDIA DIVISION BENCH SAMRUDDHI CO-OPERATIVE HOUSING SOCIETY LIMITED — Appellant Vs. MUMBAI MAHALAXMI CONSTRUCTION PRIVATE LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S.…

Consumer Protection Act, 2019 – Section 35(1)(c) – Joint complaint – Where a residential apartment is purchased by the husband and wife jointly or by a parent and child jointly. If they have a grievance against the builder, both of them are entitled to file a complaint jointly. Such a complaint will not fall under Section 35(1)(c) but fall under Section 35(1)(a). Persons filing such a complaint cannot be excluded from Section 2(5)(i) on the ground that it is not by a single consumer.

SUPREME COURT OF INDIA DIVISION BENCH BRIGADE ENTERPRISES LIMITED — Appellant Vs. ANIL KUMAR VIRMANI AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Consumer Protection Act, 2019 – Section 35(1)(c) – Joint complaint – HELD the proper way of interpreting Section 35(1) read with section 2(5), would be to say that a complaint may be filed: (i) by a single consumer; (ii) by a recognised consumer Association; (iii) by one or more consumers jointly, seeking the redressal of their own grievances without representing other consumers who may or may not have the same interest; (iv) by one or more consumers on behalf of or for the benefit of numerous consumers; and (v) the Central Government, Central Authority or State Authority.

SUPREME COURT OF INDIA DIVISION BENCH BRIGADE ENTERPRISES LIMITED — Appellant Vs. ANIL KUMAR VIRMANI AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Consumer Protection Act, 1986 – Section 13(2) – Consumer Complaint – Limitation period – While entertaining Consumer Complaint, the NCDRC has condoned the delay of 100 days in filing a written statement – Appeal against – No case for interference is made in the order of the NCDRC allowing the application for condonation of delay on merits.

SUPREME COURT OF INDIA FULL BENCH DIAMOND EXPORTS AND ANOTHER — Appellant Vs. UNITED INDIA INSURANCE COMPANY LIMITED AND OTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya…

Consumer Protection Act, 1986 – Section 2(g) – Mediclaim policy – Deficiency in service – Failure to disclose changes in policy conditions at time of renewal of the policy – Insurer was clearly under a duty to inform the policy holders about the limitations which it was imposing in the policy renewed – Its failure to inform the policy holders resulted in deficiency of service.

SUPREME COURT OF INDIA SINGLE BENCH JACOB PUNNEN AND ANOTHER — Appellant Vs. UNITED INDIA INSURANCE CO. LIMITED — Respondent ( Before : S. Ravindrabhat, J. ) Civil Appeal No.…

Consumer Protection Act, 2019 – Section 51 – Appeal to National Commission – Pre-deposit of 50 per cent of amount as ordered by the State Commission under second proviso to Section 51 of the Consumer Protection Act, 2019 is mandatory for entertainment of an appeal by the National Commission

SUPREME COURT OF INDIA DIVISION BENCH MANOHAR INFRASTRUCTURE AND CONSTRUCTIONS PRIVATE LIMITED — Appellant Vs. SANJEEV KUMAR SHARMA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

IMP : Object of seeking a mediclaim policy is to seek indemnification in respect of a sudden illness or sickness which is not expected or imminent and which may occur overseas – If the insured suffers a sudden sickness or ailment which is not expressly excluded under the policy, a duty is cast on the insurer to indemnify the appellant for the expenses incurred thereunder – Repudiation of the policy by the insurance company was illegal and not in accordance with law – Consequently, the appellant is entitled to be indemnified under the policy.

SUPREME COURT OF INDIA DIVISION BENCH MANMOHAN NANDA — Appellant Vs. UNITED INDIA ASSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna,…

Issue regarding prospective operation of the Judgment in the case of New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Pvt. Ltd., (2020) 5 SCC 757, Constitution Bench Held, District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consumer Protection Act – Case refers to Larger Bench:

SUPREME COURT OF INDIA DIVISION BENCH BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LIMITED — Appellant Vs. NEEMA AGARWAL AND OTHERS — Respondent ( Before : Vineet Saran and Aniruddha Bose, JJ.…

Medical negligence – If the operation theatres were occupied at the time when the operation of the patient was contemplated, it cannot be said that there is a negligence on the part of the Hospital – A team of specialist doctors was available and also have attended to the patient but unfortunately nature had the last word and the patient breathed his last -No doctor can assure life to his patient but can only attempt to treat his patient to the best of his ability which was being done in the present case as well – Findings recorded by the Commission holding the Hospital and the Doctor guilty of medical negligence are not sustainable in law.

SUPREME COURT OF INDIA DIVISION BENCH BOMBAY HOSPITAL & MEDICAL RESEARCH CENTRE — Appellant Vs. ASHA JAISWAL AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

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Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.