Consumer Law

Supreme Court Upholds Right to Terminate Agreement for Delayed Possession: Venkataraman Krishnamurthy vs. Lodha Crown Buildmart Pvt. Ltd. (22 February 2024)

/ Breach of contract, Consumer Law, Consumer Protection Act, Consumer Rights, Contract Law, Contract Law with Clause 11.3, Interpretation of Contracts, Real Estate

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 Right to Terminate Agreement for Delayed Possession: Venkataraman Krishnamurthy vs. Lodha Crown Buildmart Pvt. Ltd. (22 February 2024) Read Post »

Supreme Court Upholds Insurance Claim, Dismissing New India Assurance Appeal: Mudit Roadways Case

/ Consumer Law, Consumer Protection Act, 1986, Customs Act, 1962, Customs Act, 1962 with Section 23, Customs Duty, Insurance Act, 1938 with Section 64(UM)(4), Insurance Claim, Insurance Law

Supreme Court Upholds Insurance Claim, Dismissing New India Assurance Appeal: Mudit Roadways Case LEGAL ISSUE: Whether an insurance company can reject a claim based on grounds not stated in the initial repudiation letter and the extent of surveyor’s report in determining insurance liability. CASE TYPE: Insurance Law, Consumer Law Case Name: New India Assurance Co.

Supreme Court Upholds Insurance Claim, Dismissing New India Assurance Appeal: Mudit Roadways Case Read Post »

Supreme Court overturns medical negligence finding in Consumer Case: M.A Biviji vs. Sunita & Ors. (2023) INSC 938 (19 October 2023)

/ Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 23, Duty of Care, Medical Law, Medical Malpractice, Medical Negligence

Supreme Court overturns medical negligence finding in Consumer Case: M.A Biviji vs. Sunita & Ors. (2023) INSC 938 (19 October 2023) LEGAL ISSUE: Whether the performance of a Nasotracheal Intubation (NI) procedure, after a bronchoscopy indicated normal airways, constitutes medical negligence, and whether subsequent medical complications can be directly linked to this procedure. CASE TYPE:

Supreme Court overturns medical negligence finding in Consumer Case: M.A Biviji vs. Sunita & Ors. (2023) INSC 938 (19 October 2023) Read Post »

Supreme Court Upholds 75% Claim on Vehicle Theft Despite Negligence: Ashok Kumar vs. New India Assurance Co. Ltd. (2023)

/ Consumer Law, Consumer Protection Act, 1986, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 378, Insurance Claims

Supreme Court Upholds 75% Claim on Vehicle Theft Despite Negligence: Ashok Kumar vs. New India Assurance Co. Ltd. (2023) LEGAL ISSUE: Whether an insurance company can deny a claim for vehicle theft due to the insured’s negligence and delay in intimation. CASE TYPE: Consumer Law Case Name: Ashok Kumar vs. New India Assurance Co. Ltd.

Supreme Court Upholds 75% Claim on Vehicle Theft Despite Negligence: Ashok Kumar vs. New India Assurance Co. Ltd. (2023) Read Post »

Supreme Court Upholds Insurance Claim: National Insurance Co. Ltd. vs. Vedic Resorts (2023)

/ Ajay Rastogi, Bela M. Trivedi, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 23, Exclusion Clauses, Insurance Claims, Insurance Law, Judges, Malicious Act

Supreme Court Upholds Insurance Claim: National Insurance Co. Ltd. vs. Vedic Resorts (2023) LEGAL ISSUE: Whether damage caused by a mob to insured property, after the mob chased individuals who had taken shelter in the property, constitutes a malicious act by the property owner, thereby excluding the claim under an insurance policy. CASE TYPE: Consumer

Supreme Court Upholds Insurance Claim: National Insurance Co. Ltd. vs. Vedic Resorts (2023) Read Post »

Supreme Court Orders Full Insurance Claim for Fire Damage: M/s Super Label Mfg. Co. vs. New India Assurance Company Limited (2023)

/ A.S. Bopanna, Consumer Disputes, Consumer Law, Dipankar Datta, Fire Insurance, Insurance Law, Insurance Law with Standard Fire and Special Perils Policy, Judges, National Consumer Disputes Redressal Commission, Proximate Cause

Supreme Court Orders Full Insurance Claim for Fire Damage: M/s Super Label Mfg. Co. vs. New India Assurance Company Limited (2023) LEGAL ISSUE: Whether an insurance company can deny a claim based on a narrow interpretation of a surveyor’s report when other expert evidence suggests a different conclusion regarding the cause of damage. CASE TYPE:

Supreme Court Orders Full Insurance Claim for Fire Damage: M/s Super Label Mfg. Co. vs. New India Assurance Company Limited (2023) Read Post »

Supreme Court rules on extent of fire damage compensation in insurance claim: M/s Super Label Mfg. Co. vs. New India Assurance Company Limited (2023)

/ A.S. Bopanna, Consumer Law, Dipankar Datta, Insurance Claims, Insurance Law, Judges, Standard Fire and Special Perils Policy

Supreme Court rules on extent of fire damage compensation in insurance claim: M/s Super Label Mfg. Co. vs. New India Assurance Company Limited (2023) LEGAL ISSUE: Determining the extent of compensation payable under a ‘Standard Fire and Special Perils’ insurance policy following a fire accident. CASE TYPE: Consumer Law, Insurance Claim Case Name: M/s Super

Supreme Court rules on extent of fire damage compensation in insurance claim: M/s Super Label Mfg. Co. vs. New India Assurance Company Limited (2023) Read Post »

Supreme Court Allows Consumer Complaint: Alpha G184 Owners Association vs. Magnum International Trading Company Pvt. Ltd. (2023)

/ Consumer Law, Consumer Law with Section 12, Consumer Law with Section 2(b), Consumer Protection Act, 1986, J.K. Maheshwari, Judges, M.M. Sundresh

Supreme Court Allows Consumer Complaint: Alpha G184 Owners Association vs. Magnum International Trading Company Pvt. Ltd. (2023) LEGAL ISSUE: Whether a consumer association can file a complaint on behalf of its members, and the maintainability of such complaints. CASE TYPE: Consumer Law Case Name: Alpha G184 Owners Association vs. Magnum International Trading Company Pvt. Ltd.

Supreme Court Allows Consumer Complaint: Alpha G184 Owners Association vs. Magnum International Trading Company Pvt. Ltd. (2023) Read Post »

Compound Interest in Real Estate Refunds: Supreme Court Overturns Consumer Fora in Suneja Towers vs. Anita Merchant (2023)

/ Consumer Disputes Redressal Forums, Consumer Law, Consumer Law with Section 14(1)(d), Consumer Protection Act, 1986, Dinesh Maheshwari, Judges, Real Estate Disputes, Real Estate Law, Refunds in Real Estate, Sanjay Kumar

Supreme Court on Compound Interest in Real Estate Disputes: Suneja Towers vs. Anita Merchant (2023) LEGAL ISSUE: Whether consumer courts can award compound interest on refunds in real estate disputes. CASE TYPE: Consumer Dispute Case Name: M/S Suneja Towers Private Limited & Anr. vs. Anita Merchant Judgment Date: 18 April 2023 Introduction Date of the

Compound Interest in Real Estate Refunds: Supreme Court Overturns Consumer Fora in Suneja Towers vs. Anita Merchant (2023) Read Post »

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023)

/ A.S. Bopanna, Arbitration Awards, Arbitration Law, Consumer Forum, Consumer Law, Contract Law, Contract Law with Clause 9(c), Flat Buyer Agreements, Judges, M.R. Shah, Real Estate Disputes, Tripartite Agreements

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023) The Supreme Court of India clarifies the responsibility for paying compensation to homebuyers for project delays, addressing a dispute between a developer and a housing board. Can a real estate developer be solely liable for compensation to homebuyers

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023) Read Post »

Supreme Court Strikes Down Consumer Protection Rules on Appointment of Members: Ministry of Consumer Affairs vs. Dr. Mahindra Bhaskar Limaye (2023)

/ Appointment of Members, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 217, Constitutional Law with Article 233, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 2019, Judges, M. R. Shah, M.M. Sundresh

Supreme Court Strikes Down Consumer Protection Rules on Appointment of Members: Ministry of Consumer Affairs vs. Dr. Mahindra Bhaskar Limaye (2023) LEGAL ISSUE: Whether the rules for appointment of members to the State and District Consumer Commissions under the Consumer Protection Act, 2019 are arbitrary and violate Article 14 of the Constitution of India. CASE

Supreme Court Strikes Down Consumer Protection Rules on Appointment of Members: Ministry of Consumer Affairs vs. Dr. Mahindra Bhaskar Limaye (2023) Read Post »

Supreme Court Upholds Insurance Claim: Karnavati Veneers vs. New India Assurance (2023)

/ Ajay Rastogi, C.T. Ravikumar, Claim Assessment, Consumer Law, Insurance Claims, Insurance Law, Insurance Law with Clause 6(b), Insurance Policy, Judges, Repudiation of Claims

Supreme Court Upholds Insurance Claim: Karnavati Veneers vs. New India Assurance (2023) LEGAL ISSUE: Whether an insurance claim can be repudiated for non-submission of documents when the surveyor has already assessed the loss. CASE TYPE: Consumer Law. Case Name: Karnavati Veneers Pvt. Ltd. vs. New India Assurance Company Limited and Others. [Judgment Date]: 9th February

Supreme Court Upholds Insurance Claim: Karnavati Veneers vs. New India Assurance (2023) Read Post »

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