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Supreme Court

Supreme Court Allows Government Appeal in Consumer Case Over Exim Policy Incentives. Exporter Not a Consumer as Government Does Not Render Service Under Consumer Protection Act, 1986.

11 Jul 2019

The Supreme Court allowed the appeal filed by the Ministry of Commerce against the order of the National Consumer Disputes Redressal Commission (NCDRC...

Supreme Court

Supreme Court Restores Consumer Complaint Dismissed on Technicality by NCDRC. The Court held that dismissal for non-filing of rejoinder and evidence was a technicality that defeated the purpose of the Consumer Protection Act, 1986, and that marginal delays should be condoned to ensure substantial justice.

10 May 2019

The appellants, Vibha Bakshi Gokhale and another, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) agains...

Supreme Court

Supreme Court Allows Developer's Appeals in Consumer Disputes Over Delayed Possession — Compensation Modified to 9% Interest Per Annum in Line with Consent Orders. The Court held that the developer is entitled to a three-year completion period and compensation for delay shall be at a uniform rate of 9% per annum, not the higher rates awarded by the NCDRC.

10 May 2019

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) concerning d...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Allows Class Action in Consumer Dispute Over Non-Delivery of Commercial Units. The Court Held That Sameness of Interest, Not Identical Cause of Action, Is Required for Class Action Under Section 12(1)(c) of the Consumer Protection Act, 1986.

10 May 2019

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing a complaint filed by 44 appellants under Section 12...

Supreme Court

Supreme Court Dismisses Transmission Company's Appeal on FERV Apportionment - No Substantial Question of Law. The Court held that Foreign Exchange Rate Variation (FERV) need not be apportioned between debt and equity under the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2001, as no legal provision mandates such apportionment.

9 May 2019

The Supreme Court dismissed two civil appeals concerning the apportionment of Foreign Exchange Rate Variation (FERV) in tariff determination for trans...

Supreme Court

Supreme Court Allows Revision Petition in Consumer Execution Proceedings. Holds that Execution is Continuation of Consumer Dispute Under Section 21(b) of Consumer Protection Act, 1986.

6 May 2019

The present Civil Appeal arose out of execution proceedings initiated by the Respondent-Complainant, K. A. Nagamani, against the Appellant, Karnataka ...

Supreme Court

Supreme Court Allows Additional Evidence in Consumer Dispute Over Occupancy Certificate and Conveyance Deed. The Court held that documents coming into existence after the appeal must be considered under Order XLI Rule 27 CPC if relevant and not producible earlier despite due diligence.

6 May 2019

The present civil appeal arose from a consumer dispute between the appellants (developers) and the respondent (cooperative housing society). The appel...

Supreme Court

Supreme Court Dismisses Appeal of Distribution Licensee in Standby Charges Dispute with Another Licensee — Standby Charges Fixed by Government Order and Principles of Agreement Held Binding. The court upheld the Appellate Tribunal's order that TPC could not recover standby charges beyond Rs.3.5 crores per month from BSES/REL for the 275 MVA facility, as per the Government of Maharashtra's order dated 19.1.1998 and the Principles of Agreement dated 30.1.1998.

2 May 2019

The case involves a dispute between Tata Power Company Ltd. (TPC), a distribution licensee supplying electricity to the entire city of Mumbai, and Ada...

Supreme Court

Supreme Court Allows Appeal by UP Housing Board, Sets Aside NCDRC Order Directing Allotment of Flat at Rs 2,50,000. Mere Registration Under Housing Scheme Does Not Confer Right to Allotment; Consumer Forum Cannot Compel Public Authority to Enter into Contract at Arbitrary Price.

1 May 2019

The appellant, UP Housing and Development Board, floated a scheme for Economically Weaker Sections in 1982. The respondent deposited Rs 500 in 1982 an...

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