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Case Title: Pauly Vadakkan v. Lulu International Shopping Mall Pvt Ltd. (WP(C) NO. 29749 OF 2021),January 28, 2022....

Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghavan (2019) 5 SCC 725, which to the extent it is relevant reads as under: 6.6. Section 2 (r) of the Consumer Protection Act, 1986 defines 'unfair trade practices' in the following words : "'unfair trade practice' means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice ...", and includes any of the practices enumerated therein. The provision is illustrative, and not exhaustive....

“‘The Insurer had a duty to inform the appellants that a change regarding the limitation on its liability was being introduced. there was unjustifiable non-disclosure by the Insurer about the introduction of clause of limitation and, in this case, it constituted a deficiency in service and resultantly the appellants are entitled to relief”...

a consumer cannot succeed unless he/she establishes ‘deficiency in service’ on the part of the service provider....

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SC held that there is no embargo on the award of compensation beyond the rate stipulated in the Apartment Buyer’s Agreement where handing over the possession of the flat has been delayed. The Court observed that the Consumer Forums must take a robust and a common-sense approach by taking judicial notice of the fact that flat purchasers obtained loans and are required to pay EMIs to financial institutions for sub serving their debts....

“The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances - Cases in which a suspicion is created are essentially those where either the signature of the testator is disputed or the mental capacity of the testator is questioned . There is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children. The Court does not apply Article 14 to dispositions under a Will. ‘’...

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“It is needless to say that the revisional jurisdiction of the National Commission under Section 21(b) of the said Act is extremely limited. It should be exercised only in case as contemplated within the parameters specified in the said provision, namely when it appears to the National Commission that the State Commission had exercised a jurisdiction not vested in it by law, or had failed to exercise jurisdiction so vested, or had acted in the exercise of its jurisdiction illegally or with material irregularity .’...

The Indian Judiciary and the constitution of India believe that every citizen of India must get “complete justice”. The Constitution of India under Article 142 grants the power to the Supreme Court for passing any decree to do “complete justice” Further, there is no specific guideline or rule provided by the law which explains when, where and under which circumstances the Apex Court can invoke the said article to do “complete justice”....

in intimating the insurance company about the occurrence of the theft cannot be a ground to deny the claim of the insured...

"We find the aforesaid reasoning totally unsustainable. The effect of this reasoning is that fabrication of documents is permissible if it does not cause loss to the revenue! We have thus no hesitation in coming to the conclusion that the impugned order must go and is consequently set aside."...

“No further appeal to this Court is provided against the order passed by the National Commission in exercise of its powers conferred under Section 58(1)(a)(iii) or under Section 58(1)(a)(iv) of the 2019 Act. In that view of the matter, the remedy which may be available to the aggrieved party against the order passed by the National Commission in an appeal under Section 58(1)(a)(iii) or Section 58(1)(a) (iv) would be to approach the concerned High Court having jurisdiction under Article 227 of the Constitution of India",...

The court noted that all or any legal representative of the deceased can seek compensation as per section 166 of the Motor Vehicles Act. Thus, it was legal for the wife of the deceased to file an application for compensation as she was his legal representative at the time of the accident, the court said....

“As emerging from the record, some disputes were going on amongst the Directors of the Company and one of the Directors, if allegedly had committed fraud or cheating, the employees of the bank could not be held liable, if they had acted bona fide and followed the due procedure”, the Court said....

Fact :Builder and Home buyer signed an agreement having forfeiture clause. In case of cancelling the booking by Home Buyer, 20% of total basic sale price shall be forfeited....

Fact ;Walls of glass factory damaged due to blast in furnace generation Claim file for an amount of Rs 3,69,78,728....

Proximate nexus between the accident and the body injury is must for accident claim in insurance matters...

Flat owner don’t forfeit right to claim amenities by taking possession of apartmen...

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