Consumer Law

Supreme Court Allows Refund with 9% Interest for Delayed Possession: Kolkata West International City Pvt Ltd vs. Devasis Rudra (25 March 2019)

/ Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(d), Consumer Rights, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Real Estate Disputes

Supreme Court Allows Refund with 9% Interest for Delayed Possession: Kolkata West International City Pvt Ltd vs. Devasis Rudra (2019) LEGAL ISSUE: Whether a homebuyer is entitled to a refund with interest for delayed possession, despite initially seeking possession as the primary relief. CASE TYPE: Consumer Dispute Case Name: Kolkata West International City Pvt Ltd […]

Supreme Court Allows Refund with 9% Interest for Delayed Possession: Kolkata West International City Pvt Ltd vs. Devasis Rudra (25 March 2019) Read Post »

Supreme Court Upholds Rejection of Insurance Claim for Road Damage: Mahavir Road and Infrastructure Pvt Ltd vs. IFFCO Tokio General Insurance Co Ltd (25 March 2019)

/ Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Exclusions in Insurance Policies, Hemant Gupta, Insurance Law, Insurance Law with Section 1, Judges, Material Damage, National Consumer Disputes Redressal Commission (NCDRC)

Supreme Court Upholds Rejection of Insurance Claim for Road Damage: Mahavir Road and Infrastructure Pvt Ltd vs. IFFCO Tokio General Insurance Co Ltd (2019) Date of the Judgment: 25 March 2019 Citation: [Not Available in Source] Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can an insurance company reject a claim for road

Supreme Court Upholds Rejection of Insurance Claim for Road Damage: Mahavir Road and Infrastructure Pvt Ltd vs. IFFCO Tokio General Insurance Co Ltd (25 March 2019) Read Post »

Supreme Court clarifies definition of ‘Promoter’ under RERA: Association for Consumer Welfare and Aid vs. Granite Gate Properties (25 March 2019)

/ Consumer Complaint, Consumer Law, Consumer Rights, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Promoter, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 2(zk)

Supreme Court Clarifies “Promoter” Definition under RERA: Association for Consumer Welfare and Aid vs. Granite Gate Properties (2019) LEGAL ISSUE: Clarification of the definition of “promoter” under the Real Estate (Regulation and Development) Act, 2016 (RERA). CASE TYPE: Consumer Law Case Name: Association for Consumer Welfare and Aid vs. Granite Gate Properties Private Limited &

Supreme Court clarifies definition of ‘Promoter’ under RERA: Association for Consumer Welfare and Aid vs. Granite Gate Properties (25 March 2019) Read Post »

Supreme Court Holds Hotel Liable for Negligence in Drowning Death Due to Dual Role of Lifeguard: Kerala Tourism Development Corporation vs. Deepti Singh (2019)

/ Causation, Compensation, Consumer Law, Consumer Protection Act, 1986, Deficiency of Service, Consumer Protection Act, 1986, Dhananjaya Y Chandrachud, Duty of Care, Hemant Gupta, Judges, Law of Torts, Negligence, Negligence and Deficiency of Service

Supreme Court Holds Hotel Liable for Negligence in Drowning Death Due to Dual Role of Lifeguard: Kerala Tourism Development Corporation vs. Deepti Singh (2019) LEGAL ISSUE: Whether a hotel is liable for negligence if a guest drowns in its swimming pool due to the lifeguard also being assigned bartending duties. CASE TYPE: Consumer Law Case

Supreme Court Holds Hotel Liable for Negligence in Drowning Death Due to Dual Role of Lifeguard: Kerala Tourism Development Corporation vs. Deepti Singh (2019) Read Post »

Supreme Court clarifies calculation of surrender value of life insurance policies: Anandrao Ramchandra Salunke vs. Life Insurance Corporation of India (2019)

/ Consumer Law, Consumer Rights, Dhananjaya Y Chandrachud, Hemant Gupta, Insurance Act, 1938, Insurance Act, 1938 with Section 113, Insurance Disputes, Judges, Life Insurance

Supreme Court Clarifies Surrender Value Calculation in Life Insurance Policies LEGAL ISSUE: The core legal issue revolves around the correct method for calculating the surrender value of a life insurance policy, particularly concerning the treatment of bonuses when a policyholder discontinues premium payments before the policy’s maturity. CASE TYPE: Consumer Law Case Name: Anandrao Ramchandra

Supreme Court clarifies calculation of surrender value of life insurance policies: Anandrao Ramchandra Salunke vs. Life Insurance Corporation of India (2019) Read Post »

Supreme Court enhances compensation for medical negligence in amputation case: Shoda Devi vs. DDU/Ripon Hospital (2019) INSC 182 (7 March 2019)

/ Abhay Manohar Sapre, Compensation, Consumer Law, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 338, Judges, Medical Negligence, Offences Against Human Body

Supreme Court enhances compensation for medical negligence leading to amputation Date of the Judgment: 7 March 2019 Citation: (2019) INSC 182 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a hospital be held liable for medical negligence if a patient suffers severe complications after a minor surgery? The Supreme Court of India addressed this

Supreme Court enhances compensation for medical negligence in amputation case: Shoda Devi vs. DDU/Ripon Hospital (2019) INSC 182 (7 March 2019) Read Post »

Supreme Court settles interest calculation for delayed possession in DLF Homes Panchkula case (2019)

/ Consumer Disputes, Consumer Law, Delayed Possession, Hemant Gupta, Judges, Real Estate, Uday Umesh Lalit

Supreme Court settles interest calculation for delayed possession in DLF Homes Panchkula case (2019) LEGAL ISSUE: Calculation of interest for delayed possession and refunds in consumer disputes. CASE TYPE: Consumer Case Name: DLF Homes Panchkula (P) Ltd. vs. Sushila Devi and Anr. [Judgment Date]: 26 February 2019 Date of the Judgment: 26 February 2019 Citation:

Supreme Court settles interest calculation for delayed possession in DLF Homes Panchkula case (2019) Read Post »

Supreme Court Upholds No Medical Negligence in Patient’s Death: Vinod Jain vs. Santokba Durlabhji Memorial Hospital (2019)

/ Consumer Law, Consumer Protection Act, Duty of Care, Judges, L. Nageswara Rao, Medical Law, Medical Negligence, Sanjay Kishan Kaul

Supreme Court Upholds No Medical Negligence in Patient’s Death: Vinod Jain vs. Santokba Durlabhji Memorial Hospital (2019) LEGAL ISSUE: Whether the hospital and doctor were negligent in the treatment of the patient, leading to her death. CASE TYPE: Consumer Case Name: Vinod Jain vs. Santokba Durlabhji Memorial Hospital & Anr. Judgment Date: 25 February 2019

Supreme Court Upholds No Medical Negligence in Patient’s Death: Vinod Jain vs. Santokba Durlabhji Memorial Hospital (2019) Read Post »

Medical Negligence: Supreme Court holds Hospital Liable for Lack of Monitoring in Dengue Treatment (9 January 2019)

/ Consumer Law, Consumer Protection Act, 1986, Dhananjaya Y Chandrachud, Hemant Gupta, Judges, Medical Guidelines, Medical Law, Medical Negligence, Standard of Care

Supreme Court Holds Hospital Negligent for Lack of Monitoring in Dengue Case Date of the Judgment: 9 January 2019 Citation: Civil Appeal Nos. 227-228 of 2019 (@SLP (C) Nos. 30119-30120 of 2016) Judges: Dr. Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can a hospital be held liable for negligence if it fails to adequately

Medical Negligence: Supreme Court holds Hospital Liable for Lack of Monitoring in Dengue Treatment (9 January 2019) Read Post »

Supreme Court Orders Additional Compensation in LIC Policy Dispute: Madhav Hari Joshi vs. Life Insurance Corporation of India (2019) INSC 1

/ Breach of contract, Consumer Law, Consumer Protection Act, 1986, Contract Law, D.Y. Chandrachud, Deficiency of Service, Hemant Gupta, Insurance Law, Jeevan Aastha Plan, Judges, Life Insurance Corporation of India

Supreme Court Orders Additional Compensation in LIC Policy Dispute Date of the Judgment: January 4, 2019 Citation: (2019) INSC 1 Judges: Hon’ble Dr. Justice D.Y. Chandrachud and Hon’ble Mr. Justice Hemant Gupta. This was a two-judge bench. Can an insurance company withhold a policy and a customer’s money after accepting a proposal and premium? The

Supreme Court Orders Additional Compensation in LIC Policy Dispute: Madhav Hari Joshi vs. Life Insurance Corporation of India (2019) INSC 1 Read Post »

Supreme Court Stays Imprisonment of Society Secretary in Consumer Case: H.K. Singla vs. Avtar Singh Saini & Ors. (2018) INSC 997 (14 December 2018)

/ Consumer Disputes, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 27, Judges, R. Subhash Reddy, Uday Umesh Lalit

Supreme Court Stays Imprisonment of Society Secretary in Consumer Case Date of the Judgment: 14 December 2018 Citation: (2018) INSC 997 Judges: Uday Umesh Lalit, J., R. Subhash Reddy, J. Can a person be imprisoned for the default of a society they represent, without a specific order imposing personal liability? The Supreme Court addressed this

Supreme Court Stays Imprisonment of Society Secretary in Consumer Case: H.K. Singla vs. Avtar Singh Saini & Ors. (2018) INSC 997 (14 December 2018) Read Post »

Supreme Court clarifies insurance exclusion for demolition by lawful authority in consumer case (7 December 2018)

/ Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Exclusion Clauses, Insurance Law, Insurance Policy Interpretation, Jammu and Kashmir Municipal Corporation Act 2000, Jammu and Kashmir Municipal Corporation Act 2000 with Section 229, Judges, MR Shah

Supreme Court Clarifies Insurance Exclusion for Demolition by Lawful Authority in Consumer Case LEGAL ISSUE: Whether an insurance company is liable to pay for damages when the insured property is demolished by a lawfully constituted authority, given an exclusion clause in the insurance policy. CASE TYPE: Consumer Law, Insurance Law Case Name: New India Assurance

Supreme Court clarifies insurance exclusion for demolition by lawful authority in consumer case (7 December 2018) Read Post »

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