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Surrogacy (Regulation) Bill, 2019 with new dimensions

Surrogacy (Regulation) Bill 2018 was passed by Lok Sabha in December, 2018, and outlawed commercialization but it lapsed. The Government now introduced the Surrogacy (Regulation) Bill, 2019 in the Lok Sabha which would ban commercial surrogacy and allow only close relatives to act as surrogates to infertile couples During the nearly two decades it was legal, India was a major provider of surrogacy for both domestic and international intended parents....

Tripartite agreements in Real Estate matters How far consumer is protected

During the last decade, builders have marketed to the customers with a new attractive idea and offer –enter into tripartite agreement between the buyer, builder and the bank/financer for loan. The scheme entitles the buyer of flat/house/ to get loan for any huge amount to be repaid in installments spread over for as many as twenty years. The attraction for the customer is that he is not to pay any installment till the construction is complete. Builder says-‘Dear buyer, you need not worry for payment of installments, I shall pay all till you are given possession of your flat. You only have to pay balance installments when construction is complete .Just relax, take loan and wait for your sweet home’...

Vehicle stolen in Hotel parking-who is responsible

It is pertinent to note that this court as well as in Bombay Brazzerie v. Mulchand Agarwal, I (2003) CPJ 4 (NC), and the courts maintained that complainant cannot be paid twice for the loss. He can either be paid by Insurance or by the Hotel for his actual loss. But Hotel cannot be absolved from the responsibility of paying compensation for the mental harassment one undergoes. Hence in the present case also Rs 1, 00,000/- is directed to be paid to the complainant apart from the cost of car as paid by insurance company. Similar was the order passed in Bombay Brazzerie v. Mulchand Agarwal, I (2003) CPJ 4 (NC) and Hotel was made to pay compensation when insurance had paid for the actual loss,i.e. cost of the car....

Thunderous year 2018 for Consumers :Is consumer enjoying thrill at peak (International consumer day special )

The above discussion goes to show that unfairness of the contract or unreasonable of contract shall be defined by the court. If authority has to spell out, it has to be interpreted the words in context of law of the land i.e Indian contract act. Unless any amendment made in contract act, consumer protection act cannot make its own law as far as contract between the parties is concerned. Intension of the act is paramount feature of the law but it can be interpreted only by the courts and not by the authorities....

Chapter IV of the Indian Constitution deals with Union Judiciary.

M.C. Setalvad, the Chairman of the First Law Commission wrote in his autobiography: "The Commission had, after careful consideration expressed the unanimous view that the practice of Judges looking forward to or accepting employment under the Government after retirement was undesirable as it could affect the independence of the Judiciary. We therefore recommended that a constitutional bar should be imposed on Judges accepting office under the Union or State Governments similar to the bar in the case of the Auditor and Comptroller-General and members of Public Service Commissions."[1]...

How an error in order results into “No order’

It’s the most painful thing for a consumer who wins the case after putting all efforts, energy and time and it becomes null and void due to an error in understanding the real person who is to be punished. It happened with a complainant in the matter of H.K. Singla vs. Avtar Singh Saini & Ors. who had filed a complaint against secretary Chandigarh State Bank of Patiala Employees Co-operative USE Thrift & Credit Society, claiming maturity amount along with interest on his deposit with the Society....

Jurisdiction of consumer forums in education matters

Honble Supreme Court in the year 2003 in the matter of Usmania Islamia Academy v / s State of Karnataka ,three judges bench comprising Justice V N Khare,Justice S N Variyavaha and Chief Justice K G Blaakrishnana pronounced a detailed order on 14.8.2003 by discussing every aspect covered by the educational institute in providing education to the students . Number of guidelines were issued through this three judges bench order and UGC was directed to frame rules on the basis of this order .UGC then circulated certain guidelines for the institutes that – • They cannot retain more than Rs 1000/- as proportionate fee in case student leaves the institute • They cannot retain the original certificates also . • They cannot demand fee for the entire course ,can only ask fee for one term....

EDUCATIONAL INSTITUTES ARE SERVICE PROVIDERS AND NOT STATUTARY BODIES

After the pronouncement of landmark judgement by the apex court in the matter of Bihar Examination Board V Suresh Prasad Sinha in the year 2009 holding that the examination boards and Universities being statutory bodies falls outside the purview of the Consumer Protection Act, all educational institutes are trying to take the plea that consumer protection act does not have the jurisdiction to deal with the matters pertaining to education, A bench comprising Justice R V Raveendran and Justice Markandey Katju had said in their judgement- “We are clearly of the view that the Board (examination board) is not a ‘service provider’ and a student who takes an examination is not a ‘consumer’ and consequently, complaint under the Act (Consumer Protection Act) will not be maintainable against the board,” Not only that,some private educational institutes have started naming their institutes as University .Looking into this fact, UGC has issued notification to this effect and warned such institutes prohibiting them the use of word university with the name of their institute....

Sharing medical information of patient by doctors ,how for ethical & reliable

L.I.C. and Ors. v. Asha Goel, I (2001) SLT 89=(2001) 2 SCC 160, the Apex Court has reiterated that burden of proving that the insured had made, false representations and suppressed material facts is on the Corporation The position of law was stated that three conditions must fulfill for application of exclusion clause and for bringing the case under pre-existing disease. Second part of Section 45 is: (a) The statement must be on a material matter or must suppress facts which were material to disclose; (b) The suppression must be fraudulently made by the policy holder; and (c) The policy holder must have known at the time of making the statement that it was false or that it suppressed facts which it was material to disclose....

FINANCIAL CREDITOR CANNOT TAKE OVER HOME BELONGINGS OF HOMEBUYERS.-SUPREME COURT OF INDIA

Supreme Court in Amrapali case held that financial creditor cannot take over home belongings of homebuyers. In other words, the Supreme Court upheld the rights of home buyers ahead of the creditors....

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