Laws laid down by supreme court

 

-Pecuniary Jurisdiction of Consumer Commissions now shall be considered on the basis of actual loss, i.e. value of the goods or services paid as consideration

Earlier principal of including compensation and other charges for calculating and deciding jurisdiction is no more in operation after new Act 2019 came into force. Parliament was conscious about the fact that consumers were raising their compensation amount at their choice in order to go to the higher commission It lead to difficulty before the commissions at the stage of admitting the cases...

Education no more a subject of consumer commissions held NC

Whether coaching centre render education ‘Coaching Centres cannot be equated to regular schools or colleges which are regulated by a Regulatory Authority and also confer a Degree/Diploma on the student who has passed in the examinations conducted as per the Rules and norms specified in the statute’ The above case referred to larger bench for adjudicating...

Transfer of cases after enforcement of new act 2019

Whether the cases from all commissions are required to be transferred to the other commissions in view of change in pecuniary jurisdiction The similar situation had arison in the past in the year1993 and 2002 and on the basis of judgment by NCDRC holding that the amendments enhancing the pecuniary jurisdiction are prospective in nature ,no tranfer of cases is required The act does not give any clear indication express intend for transferring the cases With the result Supreme court in the present facts of the case directs- (!)The National Commission shall continue hearing the consumer case instituted by the appellants; (iii) All proceedings instituted before 20 July 2020 under the Act of 1986 shall continue to be heard by the fora corresponding to those designated under the Act of 1986 as explained above and not be transferred in terms of the new pecuniary limits established under the Act of 2019...

Law Point –Whether filing complaint by more than one consumers with Sameness of the interest will become a complaint for ‘class action’

A joint complaint filed by 26 flat buyers against Supertech builder with same interest, seeking same relief – Direct the Supertech to withdraw its offer of possession without a valid Occupancy Certificate/Completion Certificate Withdraw demand raised and refund if already paid for open as well as covered car parking Direct to withdraw demand /refund money under super area declared. Direct to withdraw cost escalation charges...

Narinder Chopra v/s Jaiprakash Associates (NC)

ISSUE -2 Regulation 12 empowers the NCDRF President to constitute another bench with at least one judicial Member enabeling the bench to hear matter involving question of law Pointed out important word is “MAY” which calls for debate whether bench has mandate to refer the matter to president to constitute another bench with judicial member or is on wisdom of bench The Bench observed that it is at the considered wisdom of the Bench whether or not it considers appropriate and necessary to refer a matter to the President under Regulations 12....

The officer while carrying out the arrest mandatorily utters the following words Miranda Rights

The officer while carrying out the arrest mandatorily utters the following words "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?"...

Challenging Constitutional Validity of Epidemic Diseases Act

Constitutional Validity of Epidemic Diseases Act...

Father does not have fundamental right to collect deceased Son’s preserved sperm from Hospital

During his lifetime, the petitioner’s son had had his sperm stored with the St. Stephen Hospital, Tis Hazari, New Delhi. After the demise of the son, Alok Kumar approached the said hospital for releasing such sperm in his favour because he is the father of deceased sperm donor and he is the right person to get the same from the hospital after his death....

Any consensual relationship among adults would not be the concern of the Management or of the ICC(Internal complaints committee} Declares-High court of Delhi.

A female employee of Punjab National Bank filed a complaint against the General Manager of the bank in Mumbai. Upon her complaint, the ICC was(Internal Complaints Committee ) constituted by the Bank, consisting of 4 members, which concluded that the relationship between the parties was based on mutual consent, and the allegations of sexual, emotional and mental harassment had not been substantiated by the employee....

Advocates cannot be compelled to disclose information before court

Section 129;Cannot be compelled to reveal information before court · No one shall be compelled to disclose to the Court any confidential communication which is between a legal professional /adviser and a client · If someone offers himself as a witness, in that case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain the evidence he has given...

Law on secondry evidence

Secondary Evidence Can Be Permitted if original Document cannot be produced (In a situation when the party Establishes Factual Foundation for the same ) Case ; Jagmail Singh & Anr. Versus Karamjit Singh & Ors. Supreme Court Of India Civil Appellate Jurisdiction Civil Appeal No. 1889 Of 2020 (Arising Out Of Special Leave Petition (C) No. 17437 Of 2017 )...

COURT ORDERS AGAINST UNFAIR TRADE PRACTICE BUT MISLEADING ADS DO NOT STOP

In most of such ads by beauty clinics for slimming and weight loss, number of judgments is passed against them day in and day out. They even do not contest the cases and ex-parte orders are passed against them it suits them as they do not find it necessary to contest their case and argue that they are not indulging into unfair trade practice-neither said no nor said yes. Hence the practice goes on...

SELLING PRICE OF PACKED WATER BOTTLE IN RESTAURANTS /HOTELS

Buying and selling packed items on the road side or in a shop differs from selling and buying sitting in a restaurant/hotel with ambiance ,service facility.Cost shall vary from MRP cost if you are under comfort zone made available to you in a restaurant /hotel /club etc....

Laws laid down by Supreme Court in Provident Fund matters

The Provident Fund commissioners under the said Act give statutory service on payment of administrative charges which are levied and recoverable by the commissioner for payment of services rendered by the commissioner and the ancilliary staff and they are required to invest the contributions to the Employees Provident Fund like any other banker or financial institution to earn interest and to credit the interest to the subscribers account at such rate as may be determined by the Central Govt. In relation with Central Board ....

LAWS LAID DOWN BY SUPREME COURT IN BANKING & FINANCING

Depositor is a consumer under Consumer Protection Act 1986 for receiving services from the service provider who keeps his acconts,calculates and sends interest ,isssues FDR etc and also uses his money for expanding his business for a specified fixed tenure....

urgent need to review regulatory mechanism pertaining to the legal profession

The Apex Court observed that there is an urgent need to review the provisions of the Advocates Act dealing with regulatory mechanism for the legal profession...

Amendments to Consumer Protection Act 1986

Amendments 1991,1993.2002 Reppeal the Act Replaced with Consumer Protection Act 2019...

Thunderous year 2018 for Consumers :Is consumer enjoying thrill at peak

ndian contract act does not say contract void or voidable if parties are not at equal bargaining powers.It even does not bar to have unreasonable clause under restraints clause 27 of the Indian contract act.In number of judgments it has been spelled out that term of contract is valid whatever unreasonable it is but it should not be illegal on face of it. For example one wants to sell his house worth one caror for fifty lacks may not be illegal clause if a man needs money for treatment of ailing beloved one at that point of time. But a contract is illegal if money given to a contracting party for murder. 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....

TRIPARTITE AGREEMENTS IN REAL ESTATE MATTERS HOW FAR CONSUMER IS PROTECTED

There are in between situations when buyer is shocked- · When construction does not start due to any reason, (non-approvals from authorities, short of funds) builder does not pay installment of interest to bank and bank asks you to pay the installment.-you really do not know you have agreed the terms · In case bank is to pay loan to the builder as per construction based scheduling and when construction does not start, bank stops release of payments further, builder threatens to cancel the booking due to nonpayment –you might have agreed this clause too. Builder may give hundred reasons for non start of construction. You may go on writing with no response....

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. On the point of composition of the state –level Authority, HC did not interfere with but it ruled that the tribunal must be headed by a judicial officer and not a bureaucrat, or a member of the Indian legal services, and that majority of the members of such tribunal must be officers or members of the judiciary....

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