Deficiency in Service

Supreme Court clarifies jurisdiction of Consumer Forums over statutory dues in deficiency of service: Punjab Urban Planning and Development Authority vs. Vidya Chetal (2019) INSC 851 (16 September 2019)

/ Ajay Rastogi, Consumer Forums, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Consumer Protection Act, 1986 with Section 2(1)(o), Deficiency in Service, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Statutory Dues

Supreme Court Clarifies Consumer Forum Jurisdiction over Statutory Dues in Service Deficiency Cases Date of the Judgment: 16 September 2019 Citation: (2019) INSC 851 Judges: N.V. Ramana, J., Mohan M. Shantanagoudar, J., Ajay Rastogi, J. Can consumer forums decide if a statutory body’s demand for fees is justified? The Supreme Court of India addressed this […]

Supreme Court clarifies jurisdiction of Consumer Forums over statutory dues in deficiency of service: Punjab Urban Planning and Development Authority vs. Vidya Chetal (2019) INSC 851 (16 September 2019) Read Post »

Supreme Court Enhances Compensation for Electricity Delay: Tukaram vs. Maharashtra State Electricity (2019)

/ Compensation, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Consumer Rights, D.Y. Chandrachud, Deficiency in Service, Hemant Gupta, Judges

Supreme Court Enhances Compensation for Electricity Delay: Tukaram vs. Maharashtra State Electricity (2019) LEGAL ISSUE: Whether the compensation awarded by the National Consumer Disputes Redressal Commission (NCDRC) for a delay in providing an electricity connection was adequate. CASE TYPE: Consumer Law Case Name: Tukaram S/O Sadashiv Chaudhari vs. The Executive Engineer, Maharashtra State Electricity Distribution

Supreme Court Enhances Compensation for Electricity Delay: Tukaram vs. Maharashtra State Electricity (2019) Read Post »

Supreme Court Upholds Pre-Installation Requirements in Consumer Dispute: Dr. D. J. De Souza vs. Managing Director CPC Diagnostics Pvt. Ltd. (2019)

/ Consumer Protection Act, 1986, Deficiency in Service, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Pre-Installation Requirements, Restrictive Trade Practice

Supreme Court Upholds Pre-Installation Requirements in Consumer Dispute: Dr. D. J. De Souza vs. Managing Director CPC Diagnostics Pvt. Ltd. (2019) Date of the Judgment: April 1, 2019 Citation: Civil Appeal Nos. 3351-3352 / 2019 (Arising out of SLP (C) 8398-8399/2019, D. No. 44809 of 2018) Judges: Dr. Dhananjaya Y. Chandrachud J., Hemant Gupta J.

Supreme Court Upholds Pre-Installation Requirements in Consumer Dispute: Dr. D. J. De Souza vs. Managing Director CPC Diagnostics Pvt. Ltd. (2019) Read Post »

Supreme Court Upholds Compensation for Delayed Construction: Punjab Urban Planning vs. Kanwaljit Singh (2018)

/ Abhay Manohar Sapre, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with District Forum, Deficiency in Service, Judges, Mohan M. Shantanagoudar

Supreme Court Upholds Compensation for Delayed Construction: Punjab Urban Planning vs. Kanwaljit Singh (2018) LEGAL ISSUE: Whether a consumer is entitled to compensation for deficiency in service by a development authority causing delay in construction. CASE TYPE: Consumer Law Case Name: Punjab Urban Planning & Development Authority & Anr. vs. Kanwaljit Singh Ahluwalia & Anr.

Supreme Court Upholds Compensation for Delayed Construction: Punjab Urban Planning vs. Kanwaljit Singh (2018) Read Post »

Supreme Court Reduces Compensation in Real Estate Dispute: Fortune Infrastructure vs. Trevor D’Lima (2018)

/ Breach of contract, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Contract Law, Damages, Deficiency in Service, Judges, N.V. Ramana, S. Abdul Nazeer

Supreme Court Reduces Compensation in Real Estate Dispute: Fortune Infrastructure vs. Trevor D’Lima (2018) LEGAL ISSUE: Determination of fair compensation for deficiency in service in a real estate contract breach. CASE TYPE: Consumer Case Name: M/s. Fortune Infrastructure (Now Known as M/s. Hicon Infrastructure) & Anr. vs. Trevor D’Lima & Ors. [Judgment Date]: 12 March

Supreme Court Reduces Compensation in Real Estate Dispute: Fortune Infrastructure vs. Trevor D’Lima (2018) Read Post »

Supreme Court settles insurance contract acceptance in home loan cases: D. Srinivas vs. SBI Life Insurance Co. Ltd. (2018) INSC 121 (16 February 2018)

/ Acceptance, Breach of contract, Consumer Law, Consumer Rights, Contract Law, Deficiency in Service, Formation of Contract, Judges, N.V. Ramana, S. Abdul Nazeer

Supreme Court Settles Insurance Contract Acceptance in Home Loan Case Date of the Judgment: 16 February 2018 Citation: (2018) INSC 121 Judges: N.V. Ramana, J. and S. Abdul Nazeer, J. Can an insurance company deny a claim after accepting the premium for a life insurance policy linked to a home loan, even if a medical

Supreme Court settles insurance contract acceptance in home loan cases: D. Srinivas vs. SBI Life Insurance Co. Ltd. (2018) INSC 121 (16 February 2018) Read Post »

Supreme Court Rules Against Builder for Selling Shop Already Booked: Kusum Agarwal vs. Harsha Associates (2017)

/ Builder-Buyer Disputes, Consumer Law, Consumer Protection Act, 1986, Deepak Gupta, Deficiency in Service, Judges, Madan B. Lokur, Real Estate Law, Real Estate Transactions, S. Abdul Nazeer

LEGAL ISSUE: Deficiency in service by a builder for selling a property already booked to another customer. CASE TYPE: Consumer Law Case Name: Kusum Agarwal & Anr. vs. M/s Harsha Associates Pvt. Ltd. Judgment Date: 12 October 2017 Can a builder sell a property to someone else after it has already been booked by a

Supreme Court Rules Against Builder for Selling Shop Already Booked: Kusum Agarwal vs. Harsha Associates (2017) Read Post »

Supreme Court clarifies “Unfair Trade Practice” under MRTP Act: KLM Royal Dutch Airlines Case (October 3, 2008)

/ Consumer Protection Act, 1986, Deficiency in Service, Judges, Monopolies and Restrictive Trade Practices Act, 1969, Monopolies and Restrictive Trade Practices Act, 1969 with Section 36A, Monopolies and Restrictive Trade Practices Act, 1969 with Section 48C, Mukundakam Sharma, Tarun Chatterjee, Unfair Trade Practice

Date of the Judgment: October 3, 2008 Citation: Civil Appeal Nos. 815-816 of 2002 Judges: Tarun Chatterjee, J., Dr. Mukundakam Sharma, J. What constitutes an unfair trade practice under the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act)? The Supreme Court addressed this question in a case involving KLM Royal Dutch Airlines and a

Supreme Court clarifies “Unfair Trade Practice” under MRTP Act: KLM Royal Dutch Airlines Case (October 3, 2008) Read Post »

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