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Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in service — Manufacturing defect — Vehicle purchased with manufacturing defect — State Commission awarded refund of purchase price and compensation — High Court modified the order, directing refund of the principal amount without interest or compensation, citing the complainant’s refusal to accept a replacement engine — Appeal partly allowed Consumer Protection Act, 1986 — Sections 21, 22 — Medical Negligence — Burden of Proof — Complainant failed to discharge the burden of proving medical negligence by leading cogent and convincing evidence — Mere assertions or affidavits are insufficient — Dismissed Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited scope — Cannot be invoked for setting aside orders based solely on appreciation of facts. Consumer Protection Act, 1986 — Section 2(1)(d)(ii) — Definition of “Consumer” — Commercial Purpose — Bank Guarantees availed for the purpose of facilitating profit generation in a business transaction are not considered to be for a commercial purpose that excludes them from the definition of a consumer under the Act, especially when the dispute concerns the refund of commission for unutilized periods of such guarantees — The dominant purpose test applies, and the specific nature of the dispute regarding service charges makes the complaint maintainable — The interpretation of “commercial purpose” should not exclude disputes related to service charges for financial facilities. Housing Finance — Loan Disbursement — Due Diligence — The National Consumer Disputes Redressal Commission emphasized that while a housing finance company (HFC) has a duty to exercise due diligence, borrowers also have a responsibility to exercise reasonable care and circumspection when availing home loans, especially in builder-linked projects with potential delays or issues — The Commission found that the borrowers had already booked their flats and made initial payments before approaching the HFC for loans, negating claims of reliance on alleged assurances from the HFC — The HFC disbursed loans based on the borrowers’ proposals and submitted records, and could not be held liable for the developer’s subsequent defaults.
Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in service — Manufacturing defect — Vehicle purchased with manufacturing defect — State Commission awarded refund of purchase price and compensation — High Court modified the order, directing refund of the principal amount without interest or compensation, citing the complainant’s refusal to accept a replacement engine — Appeal partly allowed
Consumer
Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in service — Manufacturing defect — Vehicle purchased with manufacturing defect — State Commission awarded refund of purchase price and compensation — High Court modified the order, directing refund of the principal amount without interest or compensation, citing the complainant’s refusal to accept a replacement engine — Appeal partly allowed
Consumer Protection Act, 1986 — Sections 21, 22 — Medical Negligence — Burden of Proof — Complainant failed to discharge the burden of proving medical negligence by leading cogent and convincing evidence — Mere assertions or affidavits are insufficient — Dismissed
Consumer
Consumer Protection Act, 1986 — Sections 21, 22 — Medical Negligence — Burden of Proof — Complainant failed to discharge the burden of proving medical negligence by leading cogent and convincing evidence — Mere assertions or affidavits are insufficient — Dismissed
Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited scope — Cannot be invoked for setting aside orders based solely on appreciation of facts.
Consumer
Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited scope — Cannot be invoked for setting aside orders based solely on appreciation of facts.
Consumer Protection Act, 1986 — Section 2(1)(d)(ii) — Definition of “Consumer” — Commercial Purpose — Bank Guarantees availed for the purpose of facilitating profit generation in a business transaction are not considered to be for a commercial purpose that excludes them from the definition of a consumer under the Act, especially when the dispute concerns the refund of commission for unutilized periods of such guarantees — The dominant purpose test applies, and the specific nature of the dispute regarding service charges makes the complaint maintainable — The interpretation of “commercial purpose” should not exclude disputes related to service charges for financial facilities.
Consumer
Consumer Protection Act, 1986 — Section 2(1)(d)(ii) — Definition of “Consumer” — Commercial Purpose — Bank Guarantees availed for the purpose of facilitating profit generation in a business transaction are not considered to be for a commercial purpose that excludes them from the definition of a consumer under the Act, especially when the dispute concerns the refund of commission for unutilized periods of such guarantees — The dominant purpose test applies, and the specific nature of the dispute regarding service charges makes the complaint maintainable — The interpretation of “commercial purpose” should not exclude disputes related to service charges for financial facilities.
Corporate

Sick Industrial Companies (Special Provisions) Act, 1985, Section 18–Textile mill–Amount towards late payment surcharge–Appellant contended waiving off such charges as done with another mill–Stand of the Corporation that there was no scope for writing off late payment surcharge and in any event, the same was not part of the approved scheme

Aug 31, 2017 sclaw

     2007(5) LAW HERALD (SC) 3726   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

C P C

Correction of Error in decree–If the Court has the requisite power to make an amendment of the decree, the same would not mean that it had gone beyond the decree or passing any decree. When the suit as to immovable property has been decreed and the property is not definitely identified, the defect in the court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 of the CPC is capable of being cured.

Aug 30, 2017 sclaw

  2007(5) LAW HERALD (SC) 3703    IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No.…

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Consumer

Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in service — Manufacturing defect — Vehicle purchased with manufacturing defect — State Commission awarded refund of purchase price and compensation — High Court modified the order, directing refund of the principal amount without interest or compensation, citing the complainant’s refusal to accept a replacement engine — Appeal partly allowed

Apr 14, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Sections 21, 22 — Medical Negligence — Burden of Proof — Complainant failed to discharge the burden of proving medical negligence by leading cogent and convincing evidence — Mere assertions or affidavits are insufficient — Dismissed

Apr 14, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited scope — Cannot be invoked for setting aside orders based solely on appreciation of facts.

Apr 14, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Section 2(1)(d)(ii) — Definition of “Consumer” — Commercial Purpose — Bank Guarantees availed for the purpose of facilitating profit generation in a business transaction are not considered to be for a commercial purpose that excludes them from the definition of a consumer under the Act, especially when the dispute concerns the refund of commission for unutilized periods of such guarantees — The dominant purpose test applies, and the specific nature of the dispute regarding service charges makes the complaint maintainable — The interpretation of “commercial purpose” should not exclude disputes related to service charges for financial facilities.

Apr 14, 2026 sclaw