Choose a Category... Advertisements Airlines / Air Cargo Banking / Finance Compensation Consumer Definition Defective Goods Education Electricity Housing Insurance Interim Orders Jurisdiction Medical Negligence Others Railways

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....

M.C. Setalvad, the Chairman of the First Law Commission wrote in his autobiography: "The Commission had, after careful consideration expressed the unanimous view that the practice of Judges looking forward to or accepting employment under the Government after retirement was undesirable as it could affect the independence of the Judiciary. We therefore recommended that a constitutional bar should be imposed on Judges accepting office under the Union or State Governments similar to the bar in the case of the Auditor and Comptroller-General and members of Public Service Commissions."[1]...

It’s the most painful thing for a consumer who wins the case after putting all efforts, energy and time and it becomes null and void due to an error in understanding the real person who is to be punished. It happened with a complainant in the matter of H.K. Singla vs. Avtar Singh Saini & Ors. who had filed a complaint against secretary Chandigarh State Bank of Patiala Employees Co-operative USE Thrift & Credit Society, claiming maturity amount along with interest on his deposit with the Society....

Honble Supreme Court in the year 2003 in the matter of Usmania Islamia Academy v / s State of Karnataka ,three judges bench comprising Justice V N Khare,Justice S N Variyavaha and Chief Justice K G Blaakrishnana pronounced a detailed order on 14.8.2003 by discussing every aspect covered by the educational institute in providing education to the students . Number of guidelines were issued through this three judges bench order and UGC was directed to frame rules on the basis of this order .UGC then circulated certain guidelines for the institutes that – • They cannot retain more than Rs 1000/- as proportionate fee in case student leaves the institute • They cannot retain the original certificates also . • They cannot demand fee for the entire course ,can only ask fee for one term....

After the pronouncement of landmark judgement by the apex court in the matter of Bihar Examination Board V Suresh Prasad Sinha in the year 2009 holding that the examination boards and Universities being statutory bodies falls outside the purview of the Consumer Protection Act, all educational institutes are trying to take the plea that consumer protection act does not have the jurisdiction to deal with the matters pertaining to education, A bench comprising Justice R V Raveendran and Justice Markandey Katju had said in their judgement- “We are clearly of the view that the Board (examination board) is not a ‘service provider’ and a student who takes an examination is not a ‘consumer’ and consequently, complaint under the Act (Consumer Protection Act) will not be maintainable against the board,” Not only that,some private educational institutes have started naming their institutes as University .Looking into this fact, UGC has issued notification to this effect and warned such institutes prohibiting them the use of word university with the name of their institute....

L.I.C. and Ors. v. Asha Goel, I (2001) SLT 89=(2001) 2 SCC 160, the Apex Court has reiterated that burden of proving that the insured had made, false representations and suppressed material facts is on the Corporation The position of law was stated that three conditions must fulfill for application of exclusion clause and for bringing the case under pre-existing disease. Second part of Section 45 is: (a) The statement must be on a material matter or must suppress facts which were material to disclose; (b) The suppression must be fraudulently made by the policy holder; and (c) The policy holder must have known at the time of making the statement that it was false or that it suppressed facts which it was material to disclose....

Supreme Court in Amrapali case held that financial creditor cannot take over home belongings of homebuyers. In other words, the Supreme Court upheld the rights of home buyers ahead of the creditors....

Maintaining confidentiality of a patient’s medical aspects is not only the duty of a doctor but also a constitutional obligation...

It would be logical for the insurance company to accept the premium based on the medical examination and not otherwise. Therefore, by the very fact that they accepted the premium waived the condition precedent of medical examination....

Previous 21 22 23 24 25 26 Next