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What is Complete Justice theory in our Constitution?

“142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.- (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”...

Supreme Court ordered Railways to pay Compensation for late arrival

"The railways were required to lead the evidence and explain the late arrival of train to establish and prove that delay occurred because of the reasons beyond their control. At least the railways were required to explain the delay which the railways failed. It cannot be disputed that every passenger's time is precious and they might have booked the tickets for further journey, like in the present case from Jammu to Srinagar and thereafter further journey."...

Insurance companies supporting doctors in negligence cases; How fair it is

.Insurance companies will be an agency who will tell about the validity of insurance made and its other relevant espects.i.e admissibility, period of the policy made etc.Any other objections if company has in respect of the policy can also be decided here itself. This view of National commission was further confirmed by Honourable Supreme Court and now, may it be known to consumers that insurance companies if made party to the case with defendants, it is no more a matter to worry for them as both have to play their own roles and interest of consumer shall be taken care by the consumer protection agencies i.e. Commission for getting them justice....

Insurance company when refuses to indemnify negligent doctor

Doctor after refusal by the insurance company comes before the consumer forum alleging deficiency in services on the part of insurance company .Consumer forum allowed the complaint. An appeal filed by the Insurance company against the order of consumer forum and State commission reverted the order of consumer forum favouring insurance company. Doctor now filed revision petition before the National commission National commission in this matter of Tarunjit Roy(Dr) versus New India Insurance Company went into detail of the case, checked thoroughly the points discussed by the State commission also. National commission is of the view that the clauses referred as terms & conditions specified in the insurance agreement are of vital importance for dealing with the question as to whether insurance company is deficient in services by repudiating the claim of the doctor when the Doctor has taken professional indemnity policy and has paid the premium....

Lacuna left in complaint drafting leads to failure Even in meritorious case

In some cases important documents required for the case are reasonably in the custody of opposite party such as treatment record of the hospital, administrative approval for construction with builder or any other documents pertaining to contract of service with opposite party. Complainant can always make a separate application to the commission for direction to the opposite party to produce the same before he court so that complaint is complete in all respects...

Pecuniary Jurisdition of Consumer Commissions

Now this is the final view in interpreting the clauses as explained which are further confirmed by the Hon’ble Supreme court also in its latest judgment in the matter of Neena Aneja &Others-Vs-Jai Prakash Associates Ltd pronounced on 16th March 2021...

Transitional provisions after repeal of old Act 1986 and enforcement of Act 2019 on July 2020

This intention appears likely, particularly in light of previous decisions of the NCDRC which had interpreted amendments that enhanced pecuniary jurisdiction, with prospective effect. The NCDRC, in Southfield Paints and Chemicals Pvt. Ltd. v. New India Assurance Co. Ltd.58 construed amending Act 62 of 2002 by which the pecuniary limits of jurisdiction were enhanced with effect from 15 March 2003 as prospective by relying on its earlier decision in Premier Automobiles Ltd. v. Dr Manoj Ramachandran59, where the NCDRC held that the amendments enhancing the pecuniary jurisdiction are prospective in nature Dhadi Sahu (1992- Supreme Court 2 judges Dhadi Sahu (1992- Supreme Court 2 judges Parliament would be conscious of this governing principle and yet chose not to alter it in its application to the consumer fora. Ref. 58 Consumer Case No. 286 of 2000 (NCDRC) 59 Revision Petitions Nos 400 to 402 of 1993 (NCDRC)...

Transfer of cases after enhansment of pecuniary jurisdiction of Commsiions

V!)At the end this commission also discussed that issue of pecuniary jurisdiction is “abeling as well disabeling” because criteria to calculate pecuniary jurisdiction is also changed in the new act . In earlier act criteria was cost paid plus compensation to be calculated where sa in the present act only cost paid is to be considered . With this calculation total amount to be considered will be Rs Rs 9731017 and entitlement will be District commission It will gravely prejudiced to consumer as they will lose valuable statutary right to appeal/revision allowed to them under the act . With the above view IA 5410-2020 DISMISSED by the bench comprising Sm Kanti Kar Dinesh Singh...

Difference & Compatability between Real Estate (Regulation and Development) Act (RERA), 2016, & Consumer Protection Act

JURISDICTION • The Real Estate Regulator shall have the authority to govern real estate transactions in both areas !) Residential; All matters related to home buyer/builder disputes !!) Commercial all matters related to home buyer/builder disputes !!!)Civil courts intervention barred Section 79...

Stores Charging for Carry bags are doing unfair trade practice

Apex commission directed the Chief Executive of the retail chain to immediately issue appropriate instructions to all its outlets accordingly. It is further pointed out “The necessary notice /signs /announcement /advertisement /warning should be in the place and manner as may enable the consumer to make his informed choice of whether or not to patronize its retail outlets, and whether or not to make his selection of goods for purchase from its retail outlets”. In the era of online shops this practice of charging for carry bags is going to fall heavy on such stores &shops and not only big bazar but other stores also need to understand the order of National commission....

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