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The Supreme Court observed · That the findings of the report of Medical Council of India on professional conduct of doctors are relevant while considering medical negligence compensation claims. · The bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha also observed that in the proceedings for damages due to professional negligence, the question of intention does not arise...

Section 2(25) "mediation" means the process by which a mediator mediates the consumer disputes; (26) "Mediator" means a mediator referred to in section 74. (1) The State Government shall establish, by notification, a consumer mediation cell to be attached to each of the District Commissions and the State Commissions of that State....

(2) There shall be a monitoring cell to be constituted by the President of the National Commission to oversee the functioning of the State Commissions from the administrative point of view....

Consumer Commissions are totally independent for their judicial functioning Regulatory Body is an independent Body working for the cause of consumers but under Ministry of Consumer Affairs...

Why needed Authority When Type of Complaints same as in consumer courts Complaint can be made to CCPA in case of any infringement of consumer rights done by anyone in the market while selling their product Purpose of CCPA is to protect the rights of consumers and authority accepts all complaints about violation of the rights of consumers. It can be about defect in goods or deficiency in services....

SC while dealing with this case directed BCI to consider some balancing view and honouring the direction BCI held a meeting on 8th July and passed a resolution that difficulty of such candidates who are apprehensive of loosing their job even before appearing in AIBE due to the requirement of resignation from current job can be well understood . BCI decided to grant 6 months window to law graduates to quit their jobs after declaration of result of All India Bar Examination for enrolment as an advocate...

In the present case, insured doctor sent the communication on 17.1.2008 in writing only after the award has been passed against him. No claim, summons or notice was sent to the company neither it was a party to the proceedings which is a clear violation of the terms .By doing so, insured have deprived the company of his right to watch the proceedings in CF case No 39/99 or to know the manner case has been defended by the doctor. Not only this, insured doctor did not file any appeal against the order passed by the forum .It was other OP in the same matter who filed an appeal No 233/A/2005 before the State Commission and succeeded. After an appeal is filed no information about the award was given to the Insurance Company. Further, when execution was filed by the complainant Narayan Chandra, Saha for realizing the awarded amount, insurance company was still kept in dark .Under the above circumstances, insurance is in no way deficient in services if they repudiate the claim at this stage....

We have a recent case in hands decided by NC in 2020 namely Mamta Chauhan v branch manager state bank of india wherein locker holder could not prove any thing about the contents in the locker except a standard affidavit which was not found sufficient to fix the liability of bank...

In a case where the requirement to serve notice before repossession is implicit in the hire purchase agreement, non service of proper notice would tantamount to deficiency of service for breach of the hire purchase agreement giving rise to a claim in damages. The Complainant consumer would be entitled to compensatory damages, based on an assessment of the loss caused to the complainant by reason of the omission to give notice. 4. Where there is no evidence of any loss to the hirer by reason of omission to give notice, nominal damages may be awarded....

Hon'ble Supreme Court in Surya Devi Rai vs. Ram Chander Rai laid down the following differences: • The writ of certiorari is an exercise of its original jurisdiction (Article 226) by the High Court; exercise of supervisory jurisdiction (Article 227) is not an original jurisdiction and in this regard, it is akin to appellate revisional or corrective jurisdiction. • The jurisdiction under Article 226 of the Constitution is capable of being exercised on a prayer made by or on behalf of the party aggrieved but the power conferred under Article 227 viz the supervisory jurisdiction is capable of being exercised suo moto as well • In a writ of certiorari, the record of the proceedings having been certified and sent up by the inferior court or tribunal to the High Court, the High Court if inclined to exercise its jurisdiction, may simply annul or quash the proceedings and then do no more (Art 226). • In exercise of supervisory jurisdiction (Art 227) the High Court may not only quash or set aside the impugned proceedings, judgment or order but it may also make such directions as the facts and circumstances of the case may warrant, may be by way of guiding the inferior court or tribunal as to the manner in which it would now proceed further or afresh as commended to or guided by the High Court....

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