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Pursuant to a review of constitutional provisions providing for the appointment and transfer of Judges, and relevant Supreme Court decisions on the matter, the need for a broad based Judicial Appointment Commission, for making recommendations for selection of judges was felt....

Charges for extra land will be demanded in case of corner plot allotted, meaning thereby that corner plot shall have extra land in compare to other plots .Since many allotters shall wish to have corner plot ,this privilege could be given by lottery system and not by discretion of the authorities . In other words lottery system was not for the purpose of giving extra land without charging but to avoid arbitrary decision by the authorities. Similarly many allot tees would like to have best location plot even willing to pay more. Here also lottery was meant to avoid allegation of partiality. But it never meant to cause loss to the authority by not charging for extra land or for premium location. This is also clear from board’s advertisement related to registration and from the provisions in the manual of the board....

State commision observed that all the cases pending before the various forums were not of similar nature, hence dismissed the complaints on 29.04.2014 with the following observations - 1) All the complaints were not of similar nature and each case was to be considered on its own merits though opposite party was the same. 2.) Transfer of cases from one forum to another will indirectly create doubt of integrity and competence of the Presiding officer/judicial officers....

Escape rout is often opted by the traders and sellers as and when consumer knocks at the door of consumer court by asking for the bill knowing fully well that bill has not been made compulsory till date in the country. However consumer courts accept the secondary evidence such as –visiting card of the seller showing advance given, any hand written slip by the seller which admits the sale or rendering services. National commission has recently rejected all such arguments extended by the sellers to rebut the sale of shampoo pouch after expiry date lapsed 5 years ago even when proper bill could not be produced by the complainant...

New dimension in the field of Services covered under Consumer Protection Ac (Complaint against Life Cell India, an agency /stem cell bank.) Complaint No. : 511955 - Dt. 15.05.2014 Facts of the case: Complainant hired services from LIFE CELL INDIA for preserving Umbilical Cord of new born baby for 20 years. Agreement between the parties executed and payment of total amount of Rs 50,000/-agreed to be paid by the complainant .Ten percent (10%) of the total amount paid at the time of contract .Rest of the amount was agreed to be paid in one year in installments. Complainant had paid more than 10,000/-by now and EMI is being deducted from the bank regularly .Complainant now receives the letter from the agency alleging installments not paid. Agency informs to the complainant that service contract shall be terminated due to non -payment of installments....

If the women has suffered an unwanted pregnancy, it can be terminated and this is legal and permissible under the Medical Termination of Pregnancy Act, 1971. If the couple opts for bearing the child, it ceases to be an unwanted child. The cause of action for claiming compensation in cases of failed sterilization operation arises on account of negligence of the surgeon and not on account of child birth.Failure, due to natural causes would not provide any ground for claim. 2011...

After considering all the facts and circumstances of the case, State commision observed that all the cases pending before the various forums were not of similar nature, hence dismissed the complaints on 29.04.2014 with the following observations - 1) All the complaints were not of similar nature and each case was to be considered on its own merits though opposite party was the same. 2.) Transfer of cases from one forum to another will indirectly create doubt of integrity and competence of the Presiding officer/judicial officers. 3) Vacancy of post is an administrative function of the state commission who is due course already filled the vacancies and notification from the Govt. is awaited. More so, this cannot be the ground for transfer of cases. 4) In case all the cases 139 in number are clubbed together in one forum, there is likelihood of delay in disposal of all the complaints....

Escape rout is often opted by the traders and sellers as and when consumer knocks at the door of consumer court by asking for the bill knowing fully well that bill has not been made compulsory till date in the country. However consumer courts accept the secondary evidence such as –visiting card of the seller showing advance given, any hand written slip by the seller which admits the sale or rendering services....

National commission in its order dated 19.5.2014 held it discrimination and arbitrariness against those who had been delivered possession by charging more. Commission was of the opinion that this change in formula for calculating total cost has to be made uniform ally applicable to all the allotees in same area under the same scheme if certain allotments were made before passing of resolution It is bounded duty of DDA to refund amount to such allot tees if charged extra ....

Section 157(2) in The Motor Vehicles Act, 1988...

renewal would have to be on identical terms and conditions as embodied in the original policy when it was first issued....

INSURANCE AGAINST THIRD PARTY VALID IF POLICY ISSUED...

Those who visit Five Star hotels and use the car parking facilities are aware that after the car keys are given to the valet there is hardly any time for the consumer to read docket conditions written on the reverse of the docket because there would be a fleet of cars entering and exiting from the hotel. When a uniformed liveried valet with his imposing figure asks for the car keys he exudes confidence in the consumer and therefore, for the management of a Five Star Hotel to shirk the responsibility of the safety of the car parked in their premises does not augur well. The hotel is liable for the negligence of its staff....

the Seeds Act is a special legislation enacted for regulating the quality of seeds and if the respondents had any grievance about the quality of the seeds then the only remedy available to them was to either file an application under Section 10 of the Seeds Act or to approach the concerned Seed Inspectors for taking action under Section 19 read with Section 21 of that Act.”It has been observed by the Supreme Court in all these cases that the Courts have to consider that the Consumer Protection Act, 1986 confers additional jurisdiction upon Consumer Forums and not their exclusion. Further,Seeds Act is totally silent on the issue of payment of compensation for the loss of crop on account of use of defective seeds supplied by the appellant and others who may obtain certificate under Section 9 of the Seeds Act. A farmer who may suffer loss of crop due to defective seeds can approach the Seed Inspector and make a request for prosecution of the person from whom he purchased the seeds....

The hotel group submitted that laws regarding MRP were not applicable to the hotel industry. Counsel E K Nandakumar contended that the hotels were not selling just a product, but an experience, which also included the luxurious ambience. Senior counsel T Sanjay appearing for the Central government opposed the argument and submitted that rules on MRP were applicable to all those selling commodities, from street vendor to star hotels. Seeking a declaration by the court that the MRP was not applicable to beverages sold in star hotels, the Taj Kerala Hotels and Resorts Ltd filed a petition in the high court which also challenged MRP restrictions under the Standards and Weights and Measures Act of 1976 (SWM Act), Standards and Weights and Measures (Enforcement) Act of 1985, and Standards of Weights and Measures (Packaged Commodities) Rules of 1977....

the clause relating to jurisdiction of “courts” in the agreement between the parties cannot by itself over-ride the statutory right of the appellant/ complainant conferred by the above-mentioned provision of the Act – that would defeat the purpose and object of the Act. This view is also in accord with the provisions of section 28 of the Indian Contract Act, 1872 (as amended with effect from 8th January 1997...

National Commission observed that the provisions of Order XIX of the CPC cannot be strictly applied to the proceedings before the consumer fora.It held that the State Commission had taken a hyper-technical view in rejecting the affidavit as it had not been prepared in accordance with the provisions of the CPC and the annexures filed along with the affidavit had not been not dealt with in detail as required under the CPC.The National Commission held that the affidavit and the documents filed by the complainant were entitled to due consideration on the basis of the intrinsic value of the documents filed....

doctor is to comply with the terms of insurance and if not done so,insurance company is not defecient in services....

the power of the District Forum is wide enough to use even to application for filing an amendment and as a matter of fact by allowing such an amendment, no prejudice has been complied of and in that view of the matter also, I do not find any impediment in entertaining an application for the amendment, even though there is no specific provision for amendment. As it has been rightly submitted by the learned Advocate for the respondent, though there is no specific provision, there is also no bar in allowing this petition and that therefore, I do not find any error in the said order passed by the District Forum....

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