Consumer Protection Act, 2019

Supreme Court Increases Interest on Refund in Consumer Dispute: Ashoka Investment Co. vs. United Towers India (2022)

/ Aniruddha Bose, Breach of contract, Consumer Dispute, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(d)(i), Consumer Protection Act, 1986 with Section 23, Contract Law, Contract Law with Interest Clause, Judges, Vikram Nath

Supreme Court Increases Interest on Refund in Consumer Dispute: Ashoka Investment Co. vs. United Towers India (2022) LEGAL ISSUE: Whether the interest rate awarded by the National Consumer Disputes Redressal Commission (NCDRC) was appropriate in a case of delayed possession of property and subsequent cancellation of allotment. CASE TYPE: Consumer Dispute Case Name: M/s. Ashoka […]

Supreme Court Increases Interest on Refund in Consumer Dispute: Ashoka Investment Co. vs. United Towers India (2022) Read Post »

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes: Ibrat Faizan vs. Omaxe Buildhome Private Limited (2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 227, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 58, Consumer Protection Act, 2019 with Section 67, Judges, Judicial Review, M.R. Shah, National Consumer Disputes Redressal Commission

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes LEGAL ISSUE: Whether a High Court can entertain a writ petition under Article 227 of the Constitution of India against an order passed by the National Consumer Disputes Redressal Commission (NCDRC) in an appeal under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019.

Supreme Court Upholds High Court’s Jurisdiction Under Article 227 in Consumer Disputes: Ibrat Faizan vs. Omaxe Buildhome Private Limited (2022) Read Post »

Supreme Court clarifies exclusion clause in insurance policy: IFFCO-TOKIO General Insurance vs. New India Detergents (2022) INSC 445 (06 May 2022)

/ Consumer Complaint, Consumer Protection Act, 2019, Exclusion Clause, Insurance Law, Insurance Policy, Judges, Pamidighantam Sri Narasimha, S. Ravindra Bhat, Uday Umesh Lalit

Date of the Judgment: 06 May 2022 Citation: (2022) INSC 445 Judges: Uday Umesh Lalit, S. Ravindra Bhat, Pamidighantam Sri Narasimha, JJ. Can an insurance company deny a claim based on an exclusion clause? The Supreme Court recently addressed this question in a case involving a dispute over storage charges. The court had to determine

Supreme Court clarifies exclusion clause in insurance policy: IFFCO-TOKIO General Insurance vs. New India Detergents (2022) INSC 445 (06 May 2022) Read Post »

Supreme Court Clarifies Appeal Deposit Rules Under Consumer Protection Act: ECGC Limited vs. Mokul Shriram EPC JV (2022)

/ Consumer Protection Act, Consumer Protection Act with Section 23, Consumer Protection Act, 1986, Consumer Protection Act, 2019, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Hemant Gupta, Judges, V. Ramasubramanian

Supreme Court Clarifies Appeal Deposit Rules Under Consumer Protection Act: ECGC Limited vs. Mokul Shriram EPC JV (2022) LEGAL ISSUE: Applicability of deposit requirements for appeals under the Consumer Protection Act, 1986 vs. the Consumer Protection Act, 2019. CASE TYPE: Consumer Law Case Name: ECGC Limited vs. Mokul Shriram EPC JV Judgment Date: 15 February

Supreme Court Clarifies Appeal Deposit Rules Under Consumer Protection Act: ECGC Limited vs. Mokul Shriram EPC JV (2022) Read Post »

Supreme Court Partially Allows Appeal on Deficiency of Service: IndusInd Bank vs. Simarjit Singh (2022)

/ Civil Law, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 2019, D.Y. Chandrachud, Damages, Deficiency of Service, Deficiency of Service, Consumer Protection Act, 1986, Judges, Sanjiv Khanna

Supreme Court Partially Allows Appeal on Deficiency of Service: IndusInd Bank vs. Simarjit Singh (2022) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) was correct in upholding the State Consumer Disputes Redressal Commission’s (SCDRC) order regarding the valuation of timber in a deficiency of service case. CASE TYPE: Consumer Case Name: IndusInd Bank

Supreme Court Partially Allows Appeal on Deficiency of Service: IndusInd Bank vs. Simarjit Singh (2022) Read Post »

Supreme Court clarifies the scope of representative consumer complaints under Section 35(1)(c) of the Consumer Protection Act, 2019: Brigade Enterprises Ltd. vs. Anil Kumar Virmani & Ors. (17 December 2021)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order I Rule 8, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 35(1)(c), Consumer Rights, Hemant Gupta, Judges, V. Ramasubramanian

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 clarifies the scope of representative consumer complaints under Section 35(1)(c) of the Consumer Protection Act, 2019: Brigade Enterprises Ltd. vs. Anil Kumar Virmani & Ors. (17 December 2021) Read Post »

Supreme Court clarifies on Amendment of Consumer Complaints and Filing of Written Statements: Acme Cleantech Solutions vs. United India Insurance (2021)

/ Consumer Complaint, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 13, Dhananjaya Y Chandrachud, Judges, Surya Kant, Vikram Nath, Written Statement

Supreme Court on Consumer Complaint Amendment and Written Statement Date of the Judgment: 09 December 2021 Citation: Civil Appeal Nos 4476-4477 of 2021 Judges: Dr Dhananjaya Y Chandrachud, J, Surya Kant, J, and Vikram Nath, J. Can a consumer forum compel a complainant to amend their complaint, especially when the opposing party has failed to

Supreme Court clarifies on Amendment of Consumer Complaints and Filing of Written Statements: Acme Cleantech Solutions vs. United India Insurance (2021) Read Post »

Supreme Court clarifies powers of National Commission on pre-deposit for appeals under Consumer Protection Act: Manohar Infrastructure vs. Sanjeev Kumar (2021) INSC 714 (7 December 2021)

/ B.V. Nagarathna, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order XLI Rule 5, Consumer Disputes, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 51, Judges, M.R. Shah

Supreme Court Clarifies Deposit Requirements for Appeals under Consumer Protection Act LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) can order a deposit exceeding 50% of the decretal amount while granting a stay in appeals under the Consumer Protection Act, 2019. CASE TYPE: Consumer Law Case Name: Manohar Infrastructure and Constructions Private Limited

Supreme Court clarifies powers of National Commission on pre-deposit for appeals under Consumer Protection Act: Manohar Infrastructure vs. Sanjeev Kumar (2021) INSC 714 (7 December 2021) Read Post »

Supreme Court allows delayed written statements in consumer cases due to COVID-19 extension: SS Group Pvt. Ltd. vs. Aaditiya J. Garg (2020)

/ Constitutional Law, Constitutional Law with Article 141, Constitutional Law with Article 142, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 38, Judges, National Consumer Disputes Redressal Commission, S. Ravindra Bhat, Vineet Saran

Supreme Court Allows Delayed Written Statements in Consumer Cases Due to COVID-19 Extension: SS Group Pvt. Ltd. vs. Aaditiya J. Garg (2020) Date of the Judgment: 17 December 2020 Citation: 2020 INSC 949 Judges: Justice Vineet Saran and Justice S. Ravindra Bhat Can a delay in filing a written statement in a consumer case be

Supreme Court allows delayed written statements in consumer cases due to COVID-19 extension: SS Group Pvt. Ltd. vs. Aaditiya J. Garg (2020) Read Post »

Supreme Court Allows Cost Escalation in Housing Project: Visakhapatnam Metropolitan Region Development Authority vs. Chavva Sheela Reddy (2019)

/ Consumer Dispute, Consumer Protection Act, Contract Law, Contract Law with Clause 7, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Rights of Allottees, Terms of Contract

Supreme Court Allows Cost Escalation in Housing Project: Visakhapatnam Metropolitan Region Development Authority vs. Chavva Sheela Reddy (2019) LEGAL ISSUE: Whether a development authority can demand an escalated cost for a flat when the initial allotment was at a fixed price. CASE TYPE: Consumer Law Case Name: Visakhapatnam Metropolitan Region Development Authority vs. Chavva Sheela

Supreme Court Allows Cost Escalation in Housing Project: Visakhapatnam Metropolitan Region Development Authority vs. Chavva Sheela Reddy (2019) Read Post »

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