Deficiency in Service

Supreme Court rules on the validity of offer of possession without Completion Certificate in Consumer Dispute: Dharmendra Sharma vs. Agra Development Authority (2024) INSC 667 (06 September 2024)

/ Completion Certificate, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 24A, Deficiency in Service, Limitation Act, 1963, Limitation Act, 1963 with Section 18, Limitation Act, 1963 with Section 19, Real Estate (Regulation and Development) Act, 2016, Real Estate Law, Unfair Trade Practices, UP Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010

Supreme Court Clarifies Validity of Possession without Completion Certificate in Consumer Cases Date of the Judgment: 06 September 2024 Citation: (2024) INSC 667 Judges: Justice Vikram Nath and Justice Prasanna Bhalachandra Varale Can a builder offer possession of a flat without obtaining a completion certificate and firefighting clearance? The Supreme Court of India recently addressed […]

Supreme Court rules on the validity of offer of possession without Completion Certificate in Consumer Dispute: Dharmendra Sharma vs. Agra Development Authority (2024) INSC 667 (06 September 2024) Read Post »

Supreme Court Holds Doctor Negligent for Post-Surgical Care Delay: P.N. Gupta vs. Rajinder Singh Dogra (2024)

/ Consumer Law, Consumer Protection Act, 2019 with Medical Negligence, Deficiency in Service, Informed Consent, Medical Law, Medical Negligence, Post-Operative Care, Standard of Care

Supreme Court Holds Doctor Negligent for Post-Surgical Care Delay: P.N. Gupta vs. Rajinder Singh Dogra (2024) LEGAL ISSUE: Medical negligence and deficiency in service by a doctor. CASE TYPE: Consumer Case Name: P.N. Gupta vs. Rajinder Singh Dogra [Judgment Date]: September 5, 2024 Date of the Judgment: September 5, 2024 Citation: 2024 INSC 705 Judges:

Supreme Court Holds Doctor Negligent for Post-Surgical Care Delay: P.N. Gupta vs. Rajinder Singh Dogra (2024) Read Post »

Supreme Court clarifies maintainability of consumer complaint by a partner against partnership firm: Annapurna B. Uppin & Ors. vs. Malsiddappa & Anr. (2024) INSC 276 (05 April 2024)

/ Consumer Law, Consumer Protection Act, 1986, Deficiency in Service, Liability of Partners, Partnership Act, 1932, Partnership Law

Supreme Court clarifies maintainability of consumer complaint by a partner against partnership firm: Annapurna B. Uppin & Ors. vs. Malsiddappa & Anr. (2024) INSC 276 (05 April 2024) LEGAL ISSUE: Whether a partner of a partnership firm can file a consumer complaint against the firm for deficiency in service. CASE TYPE: Consumer Law Case Name:

Supreme Court clarifies maintainability of consumer complaint by a partner against partnership firm: Annapurna B. Uppin & Ors. vs. Malsiddappa & Anr. (2024) INSC 276 (05 April 2024) Read Post »

Supreme Court Upholds Negligence in Cataract Surgery Case: Najrul Seikh vs. Dr. Sumit Banerjee (2024)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12, Deficiency in Service, Medical Negligence

Supreme Court Upholds Negligence in Cataract Surgery Case: Najrul Seikh vs. Dr. Sumit Banerjee (2024) LEGAL ISSUE: Medical negligence and deficiency in service by a doctor during and after cataract surgery. CASE TYPE: Consumer Protection Case Name: Najrul Seikh vs. Dr. Sumit Banerjee & Anr. Judgment Date: 22nd February 2024 Date of the Judgment: 22nd

Supreme Court Upholds Negligence in Cataract Surgery Case: Najrul Seikh vs. Dr. Sumit Banerjee (2024) Read Post »

Supreme Court overturns Consumer Commission order in bank service deficiency case: City Union Bank vs. R. Chandramohan (2023)

/ Ajay Rastogi, Bank Liability, Banking Law, Banking Law with regards to Accounts, Banking Ombudsman, Bela M. Trivedi, Consumer Dispute, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Deficiency in Service, Judges

Supreme Court overturns Consumer Commission order in bank service deficiency case: City Union Bank vs. R. Chandramohan (2023) Date of the Judgment: 27 March 2023 Citation: [Not provided in the source] Judges: Hon’ble Justices Ajay Rastogi and Bela M. Trivedi Can a bank be held liable for deficiency in service when a co-director of a

Supreme Court overturns Consumer Commission order in bank service deficiency case: City Union Bank vs. R. Chandramohan (2023) Read Post »

Supreme Court Revisits Compensation in Consumer Case: ITC vs. Aashna Roy (2023)

/ Aniruddha Bose, Compensation, Consumer Dispute, Consumer Protection Act, 1986, Deficiency in Service, Judges, Vikram Nath

Supreme Court Revisits Compensation in Consumer Case: ITC vs. Aashna Roy (2023) LEGAL ISSUE: Determination of adequate compensation for deficiency in service in a consumer dispute. CASE TYPE: Consumer Protection. Case Name: ITC Limited vs. Aashna Roy. Judgment Date: 7th February 2023 Date of the Judgment: 7th February 2023. Citation: [Not Available in Source]. Judges:

Supreme Court Revisits Compensation in Consumer Case: ITC vs. Aashna Roy (2023) Read Post »

Supreme Court Revisits Consumer Compensation in Haircut Mishap Case: ITC vs. Aashna Roy (2023)

/ Aniruddha Bose, Consumer Compensation, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 23, Deficiency in Service, Judges, Vikram Nath

Supreme Court Revisits Consumer Compensation in Haircut Mishap Case: ITC vs. Aashna Roy (2023) LEGAL ISSUE: Determination of adequate compensation for deficiency in service under the Consumer Protection Act, 1986, specifically concerning claims for mental trauma, loss of income, and pain and suffering. CASE TYPE: Consumer Case Name: ITC Limited vs. Aashna Roy [Judgment Date]:

Supreme Court Revisits Consumer Compensation in Haircut Mishap Case: ITC vs. Aashna Roy (2023) Read Post »

Supreme Court holds Insurance Company liable despite Postponement Letter: Gokal Chand vs. Axis Bank (2022)

/ Breach of contract, Consumer Law, Contract Law, Deficiency in Service, Hrishikesh Roy, Judges, K.M. Joseph

Supreme Court Holds Insurance Company Liable Despite Postponement Letter: Gokal Chand vs. Axis Bank (2022) LEGAL ISSUE: Whether an insurance company can deny a claim by issuing a backdated letter postponing the insurance policy after the insured’s death, despite having received the premium and conducted a medical test with normal results. CASE TYPE: Consumer Case

Supreme Court holds Insurance Company liable despite Postponement Letter: Gokal Chand vs. Axis Bank (2022) Read Post »

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022)

/ Abhay S. Oka, Allotment Letter, Breach of contract, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(f), Consumer Protection Act, 1986 with Section 2(g), Contract Law, Deficiency in Service, Judges, Surya Kant, Terms and Conditions

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022) LEGAL ISSUE: Whether a consumer can claim a refund for a delayed property possession before the expiry of the grace period as per the agreement. CASE TYPE: Consumer Case Name: Sudha & Ors. vs. Jaiprakash Associates Limited Judgment Date: 16 September

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022) Read Post »

Supreme Court overturns NCDRC order in Marine Insurance Claim: New India Assurance Co. Ltd. vs. Shashikala J. Ayachi (2022)

/ Consumer Disputes, Consumer Law, Consumer Law with Regulation 9, Deficiency in Service, Hemant Gupta, Insurance Claims, Insurance Law, Insurance Law with Regulation 9, Judges, Marine Insurance, V. Ramasubramanian

Supreme Court overturns NCDRC order in Marine Insurance Claim: New India Assurance Co. Ltd. vs. Shashikala J. Ayachi (2022) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) was correct in allowing a claim for a sunken vessel based on the evidence provided. CASE TYPE: Consumer Law, Marine Insurance Case Name: M/s The New

Supreme Court overturns NCDRC order in Marine Insurance Claim: New India Assurance Co. Ltd. vs. Shashikala J. Ayachi (2022) Read Post »

Supreme Court directs insurance claim settlement despite missing registration certificate: Gurmel Singh vs. National Insurance Co. Ltd. (2022) INSC 500

/ B.V. Nagarathna, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Deficiency in Service, Judges, M.R. Shah

Supreme Court directs insurance claim settlement despite missing registration certificate: Gurmel Singh vs. National Insurance Co. Ltd. (2022) INSC 500 LEGAL ISSUE: Whether an insurance company can deny a claim for a stolen vehicle solely on the ground that the insured could not produce the original or duplicate registration certificate, especially when the insured had

Supreme Court directs insurance claim settlement despite missing registration certificate: Gurmel Singh vs. National Insurance Co. Ltd. (2022) INSC 500 Read Post »

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