Laws laid down by supreme court

LAWS LAID DOWN BY APEX COURT/COMMISSION IN CONSUMER MATTERS

            LAWS LAID DOWN BY APEX COURT/COMMISSION  IN CONSUMER MATTERS

                                                            (YEAR  2014)

There is no provision in the law for second complaint on the same facts once it is dismissed in default.

An interesting thing had happened before the National Commission when original complainant Indian Machinery Company discloses this fact that this was his second complaint filed before the consumer forum  when first complaint filed on  29.8.2007 was dismissed in default in complaint no 307 of 2007. It was further  submitted to consider earlier complaint no 307/2007 as part and parcel of this case for the sake of documents attached and proceed this case from the satge the earlier complaint had been dismissed.Question before the commission was to decide whether second complaint on the same fact can be maintained under the given circumstances.It is held that there is no provision in the law for second complaint on the same facts once it is dismissed in default.At the most there could be a appeal before the higher court for setting aside the said order.

Challenge to the authority of national commission for framing regulation

Surinder Mohan Arora V/S HDFC  Bank, –Surinder Mohan  challenges the authority of National commission before the Hon’ble High court of Delhi under Article 226 of the constitution against it order dated 24 Sep. 2012 .The contention of the applicant is that National commission has not given him the opportunity to be heard while disposing of the review petition and it has been disposed of by circulating it among the judges who had passed the order, This is against the principal of natural justice  . National Commission is given power to frame rules and accordingly National Commission issued set of regulations in 2005. Regulation 15 explains how to dispose of review petition filed before the National Commission .Regulation 15(2) explains the procedure for handling the review petition and permits the commission to dispose of application by circulation without oral argument. High Court  in its order May 2014 did not interfere in it holding it correct procedure.

 No proxy council word in advocate act

Honble Supreme court in the matter of Sanjay Kumar vs State Of Bihar & Anr decided on 28 January, 2014 , three –judge bench comprising Bench: B.S. Chauhan, J. Chelameswar, M.Y. Eqbal in Special Leave Petition (Crl.) No.9967 Of 2011 ordered as hereunder;

 

 

“In the instant case the counsel appearing in the court for the petitioner designated himself merely has a proxy counsel. The Advocate- on-record (for short AOR) had no courtesy to send, at least, a slip mentioning the name of the counsel who has to appear in the court. Thus, in such a fact-situation, we had no advantage even to know the name of the counsel who was appearing in the court.”

“In such a chaotic situation, any Arzi, Farzi,, half- baked lawyer under the label of proxy counsel a phrase not traceable under the Advocates Act, 1961 or under the Supreme Court Rules, 1966 etc.It  cannot be allowed to abuse and misuse the process of the court under a false impression that he has a right to waste public time without any authority to appear in the court, either from the litigant or from the AOR,(advocate on record) as in the instant case.’

Change in formula for calculating total cost has to be made uniformally applicable to all the allotees in same area under the same scheme

In a case of Rajender Prasad &others against DDA  Allottees were charged lesser amount under the same scheme with no changes in landcost,construction cost and even taxation structure. Delhi Development Authority after allotment of flats to group of customers including complainant in present  case ,made two major changes-

•           The share money shall not form part of costing and service charges

•           Shall not be part of overall cost of land .

National commission in its order dated 19.5.2014 held it discrimination and arbitrariness against those who had been deliverd possession by charging more before  change in scheme.  Commission was of the opinion that this change in formula for calculating total cost has to be made uniformally applicable to all the allotees in same area under the same scheme if certain allotments were made before passing of resolution, it is bounded duty of DDA to refund amount to such allottees if charged extra .

Consumer has the open access to choose distributer/supplier  for electricity supply

Hon’ble Supreme Court Bench comprising Hon’ble Justice Mr. Surinder Singh Nijjar and Mr. A. K. Sikri by a detailed Judgment dated 08.05.2014 accepted the contentions of Mr. S. Ravi Shankar and dismissed the appeals Civil Appeal No.4223 of 2012 filed by M/S. Brihan Mumbai Electricity Supply & transport under taking (BEST) and upheld the rights of the retail electricity consumers to choose the electricity supplier on the basis of the service quality and price.

Claiming compensation in cases of failed sterilization operation arises on account of negligence of the surgeon and not on account of child birth.

National Commission in the matter of Smt Mithlesh Vs Medical Officer (Incharge) District Ghaziabad Revision Petition No. 3997 of 2014 from the order dated 10.09.2014 of the Uttar Pradsh State Consumer Disputes Redressal Commission, Lucknow in Appeal no. 2278 of 2011 has held :

If the women has suffered an unwanted pregnancy, it can be terminated and this is legal and permissible under the Medical Termination of Pregnancy Act, 1971. If the couple opts for bearing the child, it ceases to be an unwanted child. The cause of action for claiming compensation in cases of failed sterilization operation arises on account of negligence of the surgeon and not on account of child birth.Failure, due to natural causes also would not provide any ground for claim which may happen in some cases as per scientific theory.

 Secondry evidence enough to prove the purchase in case bill not available

National commission has recently in the matter of Taranjit Kour V/s  Proctor and Gamble Home Products (P&G). P&G   rejected all such arguments extended by the sellers to rebut the sale of shampoo pouch after expiry date lapsed 5 years ago even when proper bill could not be produced by the complainant

Transfer applications dismissed by Karnataka State Consumer Dispute Redressal Commission –Law & discretion

Karnataka State Consumer Dispute Redressal Commissionhas dismissed three applications filed by the complainants for transferring 139 cases to one forum for adjudication on  29.04.2014   when found no valid reason .Cases cannot be transferred only on the ground of convenience and right to accept or reject rests with State Commission.

Consumer forum has no jurisdiction to attend complaint  when information under RTI act is not received,

This issue has been discussed in the Revision Petition No.  2846 of 2013 in the matter of  Public  Information Officer,Urban Improvement Trust Ajmer, Rajasthan through its Secretary Versus Tarun Agarwal Before Hon’ble Mr. Justice J. M. Malik, Presiding Member  Hon’ble Dr. S. M. Kantikar, Member.The order was pronounced _16th  December, 2013

The  key  question  swirls  around  the  controversy, whether there lies a Jurisdiction for   the   Consumer   fora  to entertain the case pertaining to Right  to Information  Act, 2005 (in short ‘ RTI Act’)It was held that the remedy is available in filing appeal to the appellate court under RTI Act once information sought under that Act.

Educational institute’s answerable before  consumer court for deficiency in services

•           National Commission in their order dated 1.4.2014 held Ganga Immigration and Education Services Pvt. Ltd indulging into unfair trade practices for not providing work visa  as per the promises made to the complainants.

•           Indian college of agricultural recognized with Indira Gandhi agricultural university, Raipur admitted two students Sager Sinhala and Anil Shaun under OBC quota for the year 2010-2011 batch but retained their result for the reason that they failed to provide OBC Certificate and they actually did not belong to OBC. National commission in their order dated 6 march 2014 held the institute guilty of the mistake and directed the institute to pay back the entire fee charged towards the course along with Rs 10,000/- as compensation for loss of time . National commission also directed the institute to deposit Rs 50,000/- to the consumer welfare fund too.

 

NOTE -APEX COURT’S THREE JUDGE’S BENCH JUDGMENT HOLDS      FINAL TILL LARGER BENCH REVERTS IT .

 

•           Hobble Supreme Court in the year 2003 in the matter of Usmania Islamic Academy v / s State of Karnataka, three judge’s bench comprising Justice V N Khare, Justice S N Variyavaha and Chief Justice K G Balakrishnan pronounced a detailed order holding educational institutes answerable before consumer forums by discussing every aspect covered by the educational institute in providing education to the students .Again there was Supreme Court ruling in the year 2004 in the matter of Bhupesh Khurana v Budha Dental College & hospital holding college unfair for their misleading information about the college

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General lien of the bank on securities

Under the principal of general lien of the bank on securities,can a  banker lock the securities  for other reasons and hold the title deed –this was the question before the National Commission in  the matter of  Charanjeet Kour Versus State Bank of Patiala,Nainital Road, Haldwani

Accident Benefit Life Cover Insurance-Norms stricter than other policies

 

In the matter of Resham Devi V/S New India Assurance co. Ltd. &others decided on 17.04.2014 held that the benefit under this policy is available only when ‘accident is caused by external violent and visible means.’Claimant is to prove bodily injury sustained for availing the benefit under the policy. Unless above is proved, consumer cannot

Further, in yet another case of Seema V/S New India Assurance Copt. Ltd., decided on 16.04.2014, suicidal death is not an accidental death as per the terms, hence is not covered under individual personal accident insurance policy.

New dimension in the field of Services covered under Consumer Protection Ac

(Complaint against Life Cell India, an agency /stem cell bank.)

Complaint No.            : 511955 - Dt. 15.05.2014

Facts of the case: Complainant hired services from LIFE CELL INDIA for preserving Umbilical Cord of new born baby for 20 years. Agreement between the parties executed and payment of total amount of Rs 50,000/-agreed to be paid by the complainant .Ten percent (10%) of the total amount paid at the time of contract .Rest of the amount was agreed to be paid in one year in installments. Complainant had paid more than 10,000/-by now and EMI is being deducted from the bank regularly .Complainant now receives the letter from the agency alleging installments not paid. Agency informs to the complainant that service contract shall be terminated due to non -payment of installments.

NCH puts all efforts to settle the conflict before it becomes dispute. However ,it case of non-accommodating attitude by the service agency like this ,  It will be case of deficiency in services on the part of stem preserving agency falling under the scope of Consumer Protection Act which is a new dimension observed in the area of services .

 

 

Official Memorandum OF Department Of Telecom Feb 4, 2014 

DoT says consumer courts have jurisdiction over disputes with operators.

"The District Consumer Forums are competent to deal with the disputes between individual telecom consumers and telecom service providers," the said in an official memorandumDepartment of Telecom.

Supreme Court’s t judgement of 2009 had barred seeking remedy under Consumer Protection Act said that special remedy is provided under Indian Telegraph Act.

DoT said that it has examined the matter which was a dispute involving the department as a service provider prior to hiving off telecom service under separate company as BSNL.

"Since DoT was also the telegraph authority, reference was made by Hon'ble Supreme Court to the provision of section 7B. However, powers of the telegraph authority have neither been vested nor are available to private telecom service providers and BSNL," the memorandum said.

DoT said it has sent this position before Department of Consumer Affairs, Chief Secretaries and Administrators of State and Union Territories for taking up the matter with various consumer courts.

However the fact remains that courts are bound to follow Supreme court verdict unless larger bench reverts it or parliament amends the act.

BUY A CAR –WE WILL PAY THE LOAN

Consumers getting calls from Ad agencies,they want to use your car for advertisements . Roaming around the city giving publicity to their products and services  shall be your job . You will be giving services to them and in return they will pay your loan instalments .

 Be Alert consumer,cannot file case against them before the consumer court because-

1.         Consumer  had an agreement with bank for loan with an assurance to bank that you will pay back the instalments to the bank. In tripartie agreement agency proposing you to ask for ads agrees to pay the instalment to bank on your behalf and not liable to pay to bank otherwise because loan is requested,accepted and taken by you only ,terms and conditions agreed by consumer  only.

You could become a service provider to the Ad agency but in no way a consumer .

Manufacturer cannot shirk from responsibility if duplicate and fake products are sold in their name

Hindustan Coca- Cola beverages Pvt. Ltd. And Purushottam Gour &others was decided by the Honorable National Commission on 21.3.2014 in favour of complainant It involved a serious question in the interest of public at large and it was observed – “if such reputed companies intentionally or unintentionally do not help to catch the culprits ,such hazardious products will continue selling in the market causing damage to the health of consumers. Who shall be then  responsible for this act .Marely paying damages does not stop the practice unless serious investigation is made on the issue .”

 

 

 

 

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