Category: Consumer

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.…

Consumer Protection Act, 1986 – Repudiation of claim – When the appellant was aware of the earlier insurance policy obtained from IFFCO-TOKIO by the respondent, there was no reason for not asking for such hydrology data of the previous year – As such, it cannot be said that there was non-disclosure of hydrology data or any fraud from the side of the respondent, as is projected by the appellant so as to repudiate the claim – There was no non-disclosure or fraud, as pleaded by the appellant to repudiate the claim – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH THE ORIENTAL INSURANCE CO. LIMITED — Appellant Vs. MALANA POWER COMPANY LIMITED — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…