Supreme Court enhances interest for delayed flat possession: Vidya vs. Parsvnath Developers (2024) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) was justified in awarding interest at a rate lower than what was stipulated in the agreement for delayed possession of a flat. CASE TYPE: Consumer. Case Name: Vidya and Others vs. M/s […]
Supreme Court Upholds Right to Terminate Agreement for Delayed Possession: Venkataraman Krishnamurthy vs. Lodha Crown Buildmart Pvt. Ltd. (2024) LEGAL ISSUE: Whether a purchaser can terminate an agreement for sale and claim a refund when the builder fails to offer possession for fit-outs by the agreed-upon date, despite obtaining a partial occupancy certificate. CASE TYPE:
Supreme Court Upholds Medical Negligence Compensation with Increased Interest: P.C. Jain vs. Dr. R.P. Singh (2024) Date of the Judgment: January 29, 2024 Citation: 2024 INSC 67 Judges: B.R. Gavai, J., Sandeep Mehta, J. Can a medical professional’s negligence lead to a prolonged legal battle for compensation? The Supreme Court of India recently addressed this
Supreme Court Orders Insurance Company to Reimburse Medical Expenses Despite Initial Non-Disclosure LEGAL ISSUE: Whether an insurance company can deny a claim and refuse renewal of a health insurance policy based on non-disclosure of a pre-existing condition, when the insured’s death was caused by an unrelated illness. CASE TYPE: Consumer Case Name: Om Prakash Ahuja
Supreme Court Upholds Consumer Rights: Dealer Must Provide New Car, Not Used One Date of the Judgment: 8 September 2022 Citation: Civil Appeal No. 5928 of 2022 Judges: M. R. Shah, J., Krishna Murari, J. Can a car dealer deliver a used “demo” car to a customer who paid for a new one? The Supreme
Supreme Court Holds Automaker Liable for Defective Airbags in Hyundai Motor India Ltd. vs. Shailendra Bhatnagar (2022) Date of the Judgment: 20 April 2022 Citation: Civil Appeal No. 3001 of 2022 (Arising out of Petition for Special Leave to Appeal (Civil) No. 4881 of 2021) Judges: Justice Vineet Saran and Justice Aniruddha Bose Can a
Supreme Court on Delay in Insurance Claim for Vehicle Theft: Jaina Construction Company vs. Oriental Insurance Company (2022) LEGAL ISSUE: Whether an insurance company can reject a claim for vehicle theft solely due to a delay in informing the company, despite a timely police report. CASE TYPE: Consumer Law Case Name: Jaina Construction Company vs.
Supreme Court Upholds MRTP Commission’s Decision on Unfair Trade Practices in Real Estate: B.B. Patel vs. DLF Universal Ltd. (25 January 2022) Date of the Judgment: 25 January 2022 Citation: Civil Appeal No. 1106 of 2009 Judges: L. Nageswara Rao, J., B.R. Gavai, J., B.V. Nagarathna, J. Can a real estate developer be held liable
Supreme Court on Continuing Cause of Action in Consumer Disputes: Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. (2022) LEGAL ISSUE: Whether the failure to obtain an occupancy certificate constitutes a continuing cause of action in a consumer dispute, allowing for claims beyond the standard limitation period. CASE TYPE: Consumer Dispute Case
Supreme Court Clarifies Representative Consumer Complaints: Brigade Enterprises Ltd. vs. Anil Kumar Virmani & Ors. (2021) LEGAL ISSUE: Whether a consumer complaint can be filed in a representative capacity on behalf of numerous consumers having the same interest, and the criteria for determining “sameness of interest”. CASE TYPE: Consumer Law Case Name: Brigade Enterprises Limited
Supreme Court overturns medical negligence ruling in Bombay Hospital case LEGAL ISSUE: Whether the principle of res ipsa loquitur can be applied to establish medical negligence in cases where the patient’s condition deteriorates despite treatment. CASE TYPE: Consumer Protection/Medical Negligence Case Name: Bombay Hospital & Medical Research Centre vs. Asha Jaiswal & Ors. [Judgment Date]:
Supreme Court Upholds Consumer Rights: Imperia Structures Ltd. vs. Anil Patni (2020) LEGAL ISSUE: Whether the remedies available to homebuyers under the Consumer Protection Act, 1986 are additional to those under the Real Estate (Regulation and Development) Act, 2016. CASE TYPE: Consumer Law, Real Estate Law Case Name: M/s Imperia Structures Ltd. vs. Anil Patni
