Laws laid down by supreme court

 

MEDICAL NEGLIGENCE IN STERLIZATION CASES

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 would not provide any ground for claim. 2011...

TRANSFER APPLICATIONS DISMISSED BY KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION –LAW & DISCRETION

After considering all the facts and circumstances of the case, State commision observed that all the cases pending before the various forums were not of similar nature, hence dismissed the complaints on 29.04.2014 with the following observations - 1) All the complaints were not of similar nature and each case was to be considered on its own merits though opposite party was the same. 2.) Transfer of cases from one forum to another will indirectly create doubt of integrity and competence of the Presiding officer/judicial officers. 3) Vacancy of post is an administrative function of the state commission who is due course already filled the vacancies and notification from the Govt. is awaited. More so, this cannot be the ground for transfer of cases. 4) In case all the cases 139 in number are clubbed together in one forum, there is likelihood of delay in disposal of all the complaints....

SECONDRY EVIDENCE ENOUGH TO PROVE THE PURCHASE IN CASE BILL NOT AVAILABLE

Escape rout is often opted by the traders and sellers as and when consumer knocks at the door of consumer court by asking for the bill knowing fully well that bill has not been made compulsory till date in the country. However consumer courts accept the secondary evidence such as –visiting card of the seller showing advance given, any hand written slip by the seller which admits the sale or rendering services....

HOUSING BOARD CHARGING MORE FOR BEST LOCATION

National commission in its order dated 19.5.2014 held it discrimination and arbitrariness against those who had been delivered possession by charging more. Commission was of the opinion that this change in formula for calculating total cost has to be made uniform ally 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 allot tees if charged extra ....

MOTOR VEHICLE ACT 1988

Section 157(2) in The Motor Vehicles Act, 1988...

LAW ON RENEWAL OF POLICY

renewal would have to be on identical terms and conditions as embodied in the original policy when it was first issued....

INSURANCE AGAINST INSURED IF PAYMENT NOT MADE/CHEQUE DISHONOURED

INSURANCE AGAINST THIRD PARTY VALID IF POLICY ISSUED...

HOTELES LIABILITY FOR THEFT FROM PARKING .

Those who visit Five Star hotels and use the car parking facilities are aware that after the car keys are given to the valet there is hardly any time for the consumer to read docket conditions written on the reverse of the docket because there would be a fleet of cars entering and exiting from the hotel. When a uniformed liveried valet with his imposing figure asks for the car keys he exudes confidence in the consumer and therefore, for the management of a Five Star Hotel to shirk the responsibility of the safety of the car parked in their premises does not augur well. The hotel is liable for the negligence of its staff....

SEED ACT AND CONSUMER PROTECTION ACT

the Seeds Act is a special legislation enacted for regulating the quality of seeds and if the respondents had any grievance about the quality of the seeds then the only remedy available to them was to either file an application under Section 10 of the Seeds Act or to approach the concerned Seed Inspectors for taking action under Section 19 read with Section 21 of that Act.”It has been observed by the Supreme Court in all these cases that the Courts have to consider that the Consumer Protection Act, 1986 confers additional jurisdiction upon Consumer Forums and not their exclusion. Further,Seeds Act is totally silent on the issue of payment of compensation for the loss of crop on account of use of defective seeds supplied by the appellant and others who may obtain certificate under Section 9 of the Seeds Act. A farmer who may suffer loss of crop due to defective seeds can approach the Seed Inspector and make a request for prosecution of the person from whom he purchased the seeds....

CHARGING MORE THAN MRP BY STAR HOTELS NOT ILLEGAL

The hotel group submitted that laws regarding MRP were not applicable to the hotel industry. Counsel E K Nandakumar contended that the hotels were not selling just a product, but an experience, which also included the luxurious ambience. Senior counsel T Sanjay appearing for the Central government opposed the argument and submitted that rules on MRP were applicable to all those selling commodities, from street vendor to star hotels. Seeking a declaration by the court that the MRP was not applicable to beverages sold in star hotels, the Taj Kerala Hotels and Resorts Ltd filed a petition in the high court which also challenged MRP restrictions under the Standards and Weights and Measures Act of 1976 (SWM Act), Standards and Weights and Measures (Enforcement) Act of 1985, and Standards of Weights and Measures (Packaged Commodities) Rules of 1977....

JURISDICTION OF CONSUMER CURTS IN HOUSING MATTERS

the clause relating to jurisdiction of “courts” in the agreement between the parties cannot by itself over-ride the statutory right of the appellant/ complainant conferred by the above-mentioned provision of the Act – that would defeat the purpose and object of the Act. This view is also in accord with the provisions of section 28 of the Indian Contract Act, 1872 (as amended with effect from 8th January 1997...

CIVIL PROCEDURE CODE& EVIDENCE ACT NOT APPLICABLE TO THE CONSUMER FORA.

National Commission observed that the provisions of Order XIX of the CPC cannot be strictly applied to the proceedings before the consumer fora.It held that the State Commission had taken a hyper-technical view in rejecting the affidavit as it had not been prepared in accordance with the provisions of the CPC and the annexures filed along with the affidavit had not been not dealt with in detail as required under the CPC.The National Commission held that the affidavit and the documents filed by the complainant were entitled to due consideration on the basis of the intrinsic value of the documents filed....

INSURANCE COMPANY WHEN REFUSES TO INDEMNIFY NEGLIGENT DOCTOR

doctor is to comply with the terms of insurance and if not done so,insurance company is not defecient in services....

JURISDICTION OF CONSUMER FORUM TO ALLOW AMENDMENT OF COMPLAINT

the power of the District Forum is wide enough to use even to application for filing an amendment and as a matter of fact by allowing such an amendment, no prejudice has been complied of and in that view of the matter also, I do not find any impediment in entertaining an application for the amendment, even though there is no specific provision for amendment. As it has been rightly submitted by the learned Advocate for the respondent, though there is no specific provision, there is also no bar in allowing this petition and that therefore, I do not find any error in the said order passed by the District Forum....

TRANSFER OF VEHICLE POLICY WITH SALE OF VEHICLE

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LAW LAID DOWN ON MEDICLAIM- INSURANCE BY APEX COURT

“it is the doctors who decide what treatment is required to be given. Once the insured has paid the agreed amount of premium, insurance company is bound to meet the expenses”...

LAW ABOUT RESPONSIBILITY OF DEALER AND MANUFACTURER {LPG GAS CYLINDERS }

TIPS FOR THE CUSTOMERS 1. Before buying the gas cylinder ,one must check the authority of the person who delivers the cylinder to you ,his ID proof. 2. The important thing is to be checked is the expiry date of the container which is marked under the ring on the top of the cylinder.Cylinder used after expiry date are pron to leakage. They are the property of the dealer which at the time of re-filling at botteling plant are checked/to be checked .If any cylinder is being used after expiry ,either they are tempered ,misused for black marketing by either the dealer or his employees un –authorised manner .Customer must make a complain to the manufacturer and also to notify the dealer. 3. Always accept the cylinder during working hours of the dealers office in order to be sure of no tempering. 4. Weigh before receipt of cylinder and also make a note of the date on second copy/dealer’s of the challan 5. Do not install on your own and do not fetch cylinder ot your risk,always get it fixed by the authorized person of the dealer. 6. Get your tube and other fittings checked from time to time. 7. Never ignore gas smell and lock it before going to bed or going out. -...

TIME LIMITATION WHEN CAN BE CONDONED.

Court highlighted with reference to Section 3 of the Limitation Act that” it is for the court to determine the question as to whether the suit is barred by limitation or not irrespective of the fact that as to whether such a plea has been raised by the parties; such a jurisdictional fact need not be even pleaded.”...

LAW ON ISSUES TO BE TAKEN UP UNDER SUMMERY PROCEDURE

“when pleadings of both the parties were made available before the Commission, only then the Commission should have formed an opinion as to the nature and scope of enquiry, i.e., whether the facts which arose for decision on the basis of the pleadings of the parties required a detailed and complicated investigation of facts which was incapable of being undertaken in a summary and speedy manner, then only the Commission should have justifiably formed an opinion on the need of relegating the complaint to a civil court’...

WHEN CONSUMER COURT CANNOT HEAR A CASE UNDER SUMMERY PROCEDURE

The commission should address itself to the quantity of claim,the nature of claim,the nature of evidence which would be required to be submitted both in respect of claim and damages suffered and the nature of legal issues before deciding that the matter ought to be decided by the civil court in regular course.”...

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