Laws laid down by supreme court

 

SECONDRY EVIDENCE ENOUGH TO PROVE THE PURCHASE IN CASE BILL NOT AVAILABLE

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...

EXECUTION OF CONSUMER COURT ORDER WHEN CAN BE STAYED

The basis of above holding by the National Commission rests on the various earlier judgments .Apex court in the case of Atmaram Properties v/s Federal Motors v11(2005) 1 SCC 705 had held- “There was no bar against initiation of proceedings under section27 of the act merely on account of an appeal having been preferred by the aggrieved party.A prayer for grant of stay of proceedings or on execution of order has to be made specifically to the appellate court and court has a discretion to grant an order of stay or refuse. Merely preferring an appeal does not operate as stay on the decree nor on the proceedings in the court...

CONSUMER HAS THE OPEN ACCESS TO CHOOSE DISTRIBUTER/SUPPLIER FOR ELECTRICITY SUPPLY

Chandu Khamaru v. Nayan Malik reported in (2011) 12 SCC 314: “These provisions in the Electricity Act, 2003 make it amply clear that a distribution licensee has a statutory duty to supply electricity to an owner or occupier of any premises located in the area of supply of the distribution licensee, if such owner or occupier of the premises applies for it, and correspondingly every owner or occupier of any premises has a statutory right to apply for and obtain such electric supply from the distribution licensee.”...

DDA DIRECTED TO MAINTAIN PRINCIPAL OF EQUALITY

When it comes to the question of pricing and cost of the flat,land or any dewelling,it is an established law that deciding the cost is the authority of housing board and court do not interfere in the domain of the board. But in a case of Rajender Prasad &others against DDA,this was not the situation. Allottees were charged lesser amount under the same scheme with no changes in landcost,construction cost and even taxation structure...

EDUCATION IS A SERVICE UNDER CONSUMER PROTECTION ACT

More so ,even the above non-admission of SLP to the Supreme court is considered as refusal of apex court to education as service under consumer protection act,it was two judges bench whereas three judges bench order in the year 2003 &2004 in above two cases shall have overriding effect on this order....

IMPROPER CARE OF ELEVATORS CAUSING DEATH OF A PERSON (IS IT SERVICE UNDER CONSUMER PROTECTION ACT)

IMPROPER CARE OF ELEVATORS CAUSING DEATH OF A PERSON (IS IT SERVICE UNDER CONSUMER PROTECTION ACT) National Commission held ‘YES’ inspite of the fact no consideration was paid by the complainant for any services. This is a case titled P.G.PAI v/s Care Elevators ENGG. Co. Ltd &others wherein National Commission went into details of each party’s role and responsibility towards public at large....

RE-LOOK REQUIRED ON INDIAN POSTAL ACT 1898 SAYS APEX CONSUMER COMMISSION

And now in the passage of time things are changing. National Commission feels the need to re-look at the things and copies of the above said judgments are directed to be sent to the Secretary, Ministry of Law and Justice, Shastri Bhawan New Delhi for information and appropriate action as may be deemed fit and proper....

WHETHER SERVICE TAX CAN BE LEVIED ON FOOD ITEMS UNDER PICK UP/FREE HOME DELIVERY SYSTEM

Office of Deputy Commissioner ,Central Excise and Service Tax Department got a query dated 22.7.2015 from Apex Restaurant Pvt. Ltd Chandigarh on this issue when consumers resisted to give service tax on free home delivery system .There was a reply/ clarification on the subject on 13.8 2015 as hereunder- Food items given under free home delivery system is a sale of food and no service is provided, may it be serving food, ambiance of enjoying air cooling, live entertainment, personalized hospitality etc.Hence no service tax is to be imposed on such transaction...

COMMERCIAL PURPOSE IN HOUSING MATTERS

This letter revealed that complainats had booked the flats in various schemes for the purpose of gain and yielding more benefit and interstingly the letter was written on the letter head of the firm and admitted that all investment was made for multiplying money . On the basis of this admission National Commission held that if more than one flat is booked, it is treated as booking for investment purpose even the nature of property is residential....

TRIPARTITE AGREEMENTS IN REAL ESTATE MATTERS HOW FAR CONSUMER IS PROTECTED

These are the cases coming up before the consumer courts.If every thing goes well ,it is good planning for getting home in the heart of city but if it fails ,consumer must understand the consequences of such agreements. -----------------------------------------------------------------...

EXECUTION OF CONSUMER COURT ORDER WHEN CAN BE STAYED

In yet another case of Shree Chamundi Mopeds v/s Church of South India Trust Association , apex court went further to explain the impact of stay- “Wherein operation of the order has been stayed by the court,it only means that such an order would not be operative from the date of its passing ,it shall remain pending till the disposal of case depending upon its final verdict .Order stayed is not wiped up from existence .”...

The Constitution (120th Amendment) Bill, 2013

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....

HOUSING BOARD CHARGING MORE FOR BEST LOCATION

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....

Transfer applications dismissed by Karnataka State Consumer Dispute Redressal Commission –Law & Discretion

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....

SECONDRY EVIDENCE ENOUGH TO PROVE THE PURCHASE IN CASE BILL NOT AVAILABLE

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...

LAWS LAID DOWN BY APEX COURT/COMMISSION IN CONSUMER MATTERS

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....

MEDICAL NEGLIGENCE IN STERLIZATION CASES

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...

TRANSFER APPLICATIONS DISMISSED BY KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION –LAW & DISCRETION

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....

SECONDRY EVIDENCE ENOUGH TO PROVE THE PURCHASE IN CASE BILL NOT AVAILABLE

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....

HOUSING BOARD CHARGING MORE FOR BEST LOCATION

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 ....

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