Articles

 

TRIPARTITE AGREEMENTS IN REAL ESTATE MATTERS HOW FAR CONSUMER IS PROTECTED

There are in between situations when buyer is shocked- · When construction does not start due to any reason,(non-approvals from authorities,short of funds) builder does not pay instalment of interest to bank and bank asks you to pay the instalment.-you really do not know you have agreed the terms · In case bank is to pay loan to the builder as per construction based scheduling and when construction does not start ,bank stops release of payments further,builder threatens to cancel the booking due to non payment –you might have agreed this clause too.Builder may give hundred reasons for snon start of construction.You may go on writing with no response . · Even you have not agreed any such adverse terms but the fact remains-you have applied for loan,loan is sanctioned, payment released ,instalments are to be paid either by buyer or by the builder. Bank has to recover the loan and failure on the part of any one ,flat is under mortgage to bank . Buyer is barred to get possession These are the cases coming up before the consumer courts.If every thing goes well ,it is good planning for getting home in the heart of city but if it fails ,consumer must understand the consequences of such agreements....

WHAT WILL BE THE RATE OF INTEREST PAYABLE IF INVESTMENT FOUND WRONG (Investment in NSS scheme in Post Office)

Here it is pertinent to make mention of Rule 10 of Post Office Mannual .By this Rule, Central Govt. Ministry of Finance is empowered to relax the rule by recording reason and justification if any depositor is deprived and undue hardship is caused to him due to wrong investment. This rule was discussed in detail in the case of Department of Post &Telegraph V/S Dr R. C.Saxena,1997(1)CPR 74 and in the above case also as reference. It is felt by the courts that this power should be exerciseswith greate caution and in very rare cases. In cases like this ,it is clear from the facts that depositor is opening another account in different post office and not in the same post office meaning there by he is well aware of the rule that he cannot open two accounts . Taking advantage of one’s own wrong cannot be permitted under the law...

APPROVAL OF SUB STANDARD CLAIMS BY THE INSURANCE COMPANIES

‘ The said judgment in National Insurance Company Ltd. v. Nitin Khandelwal reported in (2008) 11 SCC 256 was in a totally different context. In the said case, the plea taken by the Insurance Company was that the vehicle though insured for personal use was being used as a taxi in violation of the terms of the Policy. . In the present case, the respondent did not care to inform the Insurance Company about the theft for a period of 9 days, which could be fatal to the investigation. The delay in lodging the FIR after 2 days of the coming to know of the theft and 9 days to the Insurance Company, can be fatal as, in the meantime, the car could have traveled a long distance or may have been dismantled by that time and sold to kabadi (scrap dealer). The above order has set the criterion as to when non-observance of condition can be considered for sub-standard claimand where situation does not permit to take lenient stand...

PRELIMINARY QUESTION OF MAINATAINABILLITY BE DECIDED FIRST But question of law is to be explained when required

In order to assure that complainant shall get final verdict at the end ,these three things are to be strictly seen . If filing is done beyond limitation,application for condonation of delay is to be considered first . But the act never empowers the court to decide it whether case has merit or not . It will be the other party to object or raise question who has to defend the case and it is the complainant to establish his case by providing the forum suffecient evidence . Court has to judge on the basis of material produced on record and then can come to the conclusion whether complainant could prove his case or not . It is a general principal of law that every person in litigation has a right to be heard . If it is left to the forum to take up or reject the complaint for admission looking into merits prima facie ,ther e is all possibility of misuse at the staff level and many genuine cases shall meet the fate of rejection without giving opportunity to be heard ....

WHETHER SERVICE TAX CAN BE LEVIED ON FOOD ITEMS UNDER PICK UP/FREE HOME DELIVERY SYSTEM

But we see day in and day out that restaurants and hotels are charging service tax on all home deliveries. This is an issue must be brought to the knowledge of department concerned to circulate the policy so as to help the consumers for raising their voice against unfair trade practices being followed by the owners of hotels /restaurants and food caterers ....

REAL ESTATE REGULATORS AND DEVELOPERS BILL 2016 (MAIN FEATURES OF THE NEW LAW )

PENALITIES FOR VOILATION • The De-Registration of the Project • 5-10 per cent of the project cost • Imprisonment of up to three years in case of promoters and up to one year in case of real estate agents and buyers for violation of orders of the appellate tribunals or monetary penalties, or both....

SECOND COMPLAINT AFTER FIRST COMPLAINT IS DISMISSED BEFORE THE CONSUMER FORUM IS PERMITTED SAYS SUPREME COURT

There is no provision of filing complaint for the same cause on the same issue once complaint has been dismissed in default for non-prosecution but at the same time there is no prohibition also for the same in the consumer protection act 1986. 2. The prohibition clause of order 9 rule 9 is not applicable to consumer matter as consumer forums follow summery procedure and not CPC 3. Apex court in number of cases has directed that interpretation of clauses should be made looking into the purpose of law and consumer protection act being consumer welfare act,consumer should not be deprived of natural justice. 4. Rules 15(6) made by National commission do not prohibit second complaint if dismissed in default....

MEDICLAIM POLICY AND INTERPRETATION OF EXCLUSION CLAUSE

position of law was stated that three conditions must fulfil 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....

WHETHER TIME FOR FILING WRITTEN STATEMENT BY OPPONENT CAN BE EXTENDED

Further in context with consumer protection act, civil procedure is not followed Central Board of Dawoodi Bohra Community & Anr. v. State of Maharashtra & Anr. [(2005) 2 SCC 673], (1) The law laid down by this Court in a decision delivered by a Bench of larger strength is binding on any subsequent Bench of lesser or co-equal strength. (2) A Bench of lesser quorum cannot disagree or dissent from the view of the law taken by a Bench of larger quorum. In case of doubt all that the Bench of lesser quorum can do is to invite the attention of the Chief Justice and request for the matter being placed for hearing before a Bench of larger quorum for consideration. Hence now conclusion is that time granted for written statement under consumer protection act cannot be extended beyond 45 days in any case....

JURISDICTION OF CONSUMER FORUMS

Jurisdiction of fora in purchase of houses in commercial purpose National commission has decided a case in the matter between DLF Limited&others and Abdul Azam, Abdul Basit, Abdul Waseem, 11(2015) CPJ344 (NC) on 05.02.2015 on the above issue wherein appeals in six cases decided by the honorable State Commission of Delhi had been filed. The question of jurisdiction of the consumer courts is the main plea contending complainant is not a consumer as the purchase of flat was meant for commercial purpose...

Previous 3 4 5 6 7 8 Next

Become a Member of the new revolution "Consumer Awakening" and instantly expand your knowledge with the Important Landmark Judgements, Laws Laid down by the Supreme Court for Consumer Rights, Get access to hundreds of Featured Articles in 2 different Languages; English and Hindi - a valuable professional resource to draw upon, and a powerful, collective voice to advocate for your protection of rights as a consumer nationwide.

Thank you for your interest in becoming a "Consumer Awakening" Member!
You will find information on Customer Rights, what we're doing and how to become a member. If you are looking forward to become a member of our portal and gain access to Hundreds of Featured Articles which will clearly give you an insight of yoru rights as a Consumer, then Read Further. more detail on our technologies and technology process,