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Second complaint not admissible when first complaint dismissed on merits

· “ in the absence of the complainant , the court or judicial body will be well within the jurisdiction to dismiss the complaint for non –prosecution .So also ,it would have the inherent power and jurisdiction to restore the complaint on good cause being shown for non-appearance of the complainant ” meaning thereby that court or judiciary body can dismiss the complaint in default and also restore it back if non-appearance is justified · Summery procedure is to be followed by consumer forums which has been properly laid down under section 13 of the act and hence CPC is not applicable .In view of this, prohibition contained under order 9 ,rule 9(1) is of no meaning when we are talking of consumer fora and summery procedure. · Rules for Consumer Courts For this purpose we have to visit special powers given to the National commission and rule 15(6) which talks of dismissal of the case for non-prosecution but does not bar second complaint....

MANU SOLANKI & 8 ORS Versus 1. VINAYAKA MISSION UNIVERSITY

Number of issues came up before the National commission to decide students issues from all over the country .....

Hindustan Coca- Cola Beverages Pvt. Ltd. says-Its not my Baby

There is a serious question now before us in the interest of public at large .if such reputed companies intentionally or unintentionally do not help to catch the culprits, such hazardous products will continue selling in the marketing causing damage to the health of consumers. Who shall be then held responsible for this act · .Marley paying damages does not stop the practice unless serious investigation is made on the issue. · Further, what exactly is the status of authorized dealer? does this mean ,products are sold only to listed authorized dealers and to none others .Is there any system of sub trading by the authorized dealers in the open market .How will the consumer know the right seller when every shop is selling the product in the market . · There should be strict stringent action against the company who does not care to help in removing such spurious product from the market sold in their name. In other words they are to be put under penal liability under Cr pc code as if crime is being committed by them....

EXECUTION OF THE CONSUMER COURT ORDER (Role of Police and Court)

Further, consumer has a choice to ask for certificate of order and may go to revenue department for compliance under section 25 of the act. Revenue department can recover the dues as is done in recovery of dues in other matters and can also attach property of judgment debtor. Since revenue department has enough infrastructures available, consumer can go and pursue to revenue department also for compliance of the order....

WHEN A STUDENT CAN ASK FOR REFUND

REASON SHOULD BE VALID FOR REFUND 1 Institute not starting course or faculty not appointed or leaves every now and then. 2 Institute transferred elsewhere from its original office. 3. Family of student shifted due to job transfer. 4Student gets Admission in better course. 5 Home Tution –fee not refundable in case tutor gives agreed hours and teaches the student regularly . In such cases it is difficult to say that teacher was negligent, it can be that student is careless, not hard working or not capable enough to go with selected course...

compensation of Rs. 1 Crore to Railways for roof travel deaths

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...

Thunderous judgment by National Commission on Education (New Dimensions to “education as service” under Consumer Protection Act)

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

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

Amendments to Consumer Protection Act 1986

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

THE CONSTITUTIONAL VALIDITY OF THE REAL ESTATE LAW 2016

“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....

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