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The Apex Court has held that Railways have to compensate for the death or injury sustained on account of travelling on the roof of a train even if the act of the person was illegal. The Apex Court made it clear while ordering the Central government to pay compensation while travelling on the roof of an express train five years ago. Observed the Bench: “In our view, it must be expected of the persons concerned to be aware of the inherent danger in allowing the train to run with such speed having large number of persons travelling on roof top. Though the people who travelled on roof top also contributed to the mishap, the Railway Administration, in our view, was not free from blame...

Who can be called educational institute. · Whether coaching centre render education · Whether incidental activities associated with educational institutes such as swimming ,sports etc are covered under education Whether skill development courses/vocational studies are covered under education · Whether post education after completion, or pre admission, institute renders services....

Law on fee refund by advocate :Narinder Kumar Suneja v R.K. Goel[III (2009) CPJ 35 (NC)]...

Repael old act and REPLACED With new Consumer Protection Act 2019...

“RERA is not a law relating to only regulatory control the promoters (developers), but its objective is to develop the real estate sector, particularly the incomplete projects across the country. It is also crucial to protect the interest of flat buyers across the country,” .Justice Patil opined “The problems are enormous. It’s time to take a step forward to fulfill dreams of the Father of the Nation, Mahatma Gandhi, to wipe every tear from every eye” The authorities must also closely monitor the implementation of the Act.the bench said while the bench concurred with the state and the Union government's arguments. "We are conscious of the fact that the actual implementation of RERA needs to be closely monitored in the years to come," the bench opined....

· Sections 13 and 15 of the Railway Claims Tribunal Act, 1987 did not take away the jurisdiction of the consumer courts to decide the question of deficiency of service. The consumer courts cannot sub-plant the jurisdiction of the Railway Tribunals or any other judicial or quasi judicial body but can supplement the jurisdiction of these bodies in appropriate cases. It provides an additional remedy to a consumer"....

Surrogacy (Regulation) Bill 2018 was passed by Lok Sabha in December, 2018, and outlawed commercialization but it lapsed. The Government now introduced the Surrogacy (Regulation) Bill, 2019 in the Lok Sabha which would ban commercial surrogacy and allow only close relatives to act as surrogates to infertile couples During the nearly two decades it was legal, India was a major provider of surrogacy for both domestic and international intended parents....

During the last decade, builders have marketed to the customers with a new attractive idea and offer –enter into tripartite agreement between the buyer, builder and the bank/financer for loan. The scheme entitles the buyer of flat/house/ to get loan for any huge amount to be repaid in installments spread over for as many as twenty years. The attraction for the customer is that he is not to pay any installment till the construction is complete. Builder says-‘Dear buyer, you need not worry for payment of installments, I shall pay all till you are given possession of your flat. You only have to pay balance installments when construction is complete .Just relax, take loan and wait for your sweet home’...

It is pertinent to note that this court as well as in Bombay Brazzerie v. Mulchand Agarwal, I (2003) CPJ 4 (NC), and the courts maintained that complainant cannot be paid twice for the loss. He can either be paid by Insurance or by the Hotel for his actual loss. But Hotel cannot be absolved from the responsibility of paying compensation for the mental harassment one undergoes. Hence in the present case also Rs 1, 00,000/- is directed to be paid to the complainant apart from the cost of car as paid by insurance company. Similar was the order passed in Bombay Brazzerie v. Mulchand Agarwal, I (2003) CPJ 4 (NC) and Hotel was made to pay compensation when insurance had paid for the actual loss,i.e. cost of the car....

The above discussion goes to show that unfairness of the contract or unreasonable of contract shall be defined by the court. If authority has to spell out, it has to be interpreted the words in context of law of the land i.e Indian contract act. Unless any amendment made in contract act, consumer protection act cannot make its own law as far as contract between the parties is concerned. Intension of the act is paramount feature of the law but it can be interpreted only by the courts and not by the authorities....

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