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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....

Supreme Court explains criteria for filing complaints by more than one consumers ( Sameness of the interest)

A joint complaint filed by 26 flat buyers against Supertech builder with same interest,seeking same relief – 1. Direct the Supertech to withdraw its offer of possession without a valid Occupancy Certificate/Completion Certificate 2. Withdraw demand raised and refund if already paid for open as well as covered car parking 3. Direct to withdraw demand /refund money under super area declared. 4. Direct to withdraw cost escalation charges 5. Direct to withdraw demand raised under the head "Farmer's compensation charges 6. Direct to withdraw/refund any demand raised/collected in the name of club charges 7. Direct to withdraw the demand of interest...

Can a Government Hospital be alleged for medical Negligence; What is the Payment theory ?

“No doubt that Parliamentary draftsman was aware of this well accepted distinction between "contract of service" and "contract for services" and has deliberately chosen the expression `contract of service' instead of the expression `contract for services', in the exclusionary part of the definition of `service' in Section 2(1)(o). The reason being that employer hospital cannot be regarded as service provider in respect of the services rendered by his employee in pursuance of a contract of employment. Therefore services rendered by employed doctors of the hospital do not render service by virtue of their employment towards the patients coming to the hospital “....

Kaun banega Crorepati ‘Har Seat Hot Seat’ Contest; How far fair deal

Society of Catalysts & Others reached to National Consumer Dispute Redressal Commission with allegations against Star India (P) Ltd making the public at large fool by creating a false impression in the viewer’s mind that participation in HSHS Contest is free of cost whereas a lot of money is received through SMS and profit is being shared by Airtel & Star India after meeting the expenditures towards conducting the contest and prize money. Another allegation in the complaint was that contest is basically a lottery .The questions asked for the contest are very simple and winners are picked up by random selection .The purpose of such contest is business promotion and increase viewership and Tele Rating Point (TRP)...

Exploiting Consumers in the name of Covid -19

Facts –woman admitted for delivery of the child .As usual labour room charges, Doctors fee, and charges for anesthesia etc. taken as usual. At the time of release from the hospital 11,000/- more asked for Covid care fee; 2500/-per day for mother and 500/- per day for child for two days. Law point- No medicine or treatment as yet available for covid-19 .The only thing to be done is to keep hygiene conditions appropriate and intact. Do everything to avoid infection which is otherwise also expected from the hospital to do when patient is under their care. They are paid for all the care as room charges, doctor charges and for all other medicines...

Banks charging on foreclosure of loan –How fair it is in the eyes of law

A matter had come up before Punjab State Consumer Dispute Redressal Commission against DCB Bank Ltd filed by one Ram Paul Bajaj on the issue of bank charging for foreclosure of bank loan. This is not the first time such issue coming up before Consumer Commission where terms & conditions are not properly disclosed to the parties and later on penalize them for their hidden conditions...

Supreme Court held Hospital deficient in services for giving dead body to the wrong person

Facts in brief as stated in the complaint are that Purushothaman father of both the complainants died on 30.12.2009 evening during treatment in M/s. Ernakulam Medical Centre Hospital, Ernakulam. His dead body was kept in the refrigerated box in the mortuary of the hospital.Dead body of one Lt. Col. A.P. Kanthi about 88 years was also kept in the mortuary in the refrigerated box....

Punjab & Haryana HC Stays Circular Issued by RERA providing blanket extension to all projects in the name of Covid -19

Allegations put forth by the petitioner were- · Those projects whose registration has expired long back had been extended by six months. Due to this, several small-time home buyers were suffering as the builders had stopped work. · Power to issue circulars/ notifications of this nature vests in the State Government and not in the adjudicatory bodies. At best, RERA could have entertained an application under Section 84 or 85 of the RERA, 2016. However, no such application was moved in the instant case....

Celebrity found guilty of endorsing product without test and punished by Consumer Commission

The forum remarked against trend of using attractive advertisements to entice gullible consumers to purchase sub-standard products. Basically, advertisements are a trick to cause a consumerist desire in people. A clever tactic to make people buy useless products...

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