Search Results for "Consumer Protection Act, 1986"

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Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

Supreme Court

Supreme Court Upholds NCDRC Order on Medical Negligence Compensation but Leaves Jurisdictional Issue Open. The Court affirmed the award against Safdarjung Hospital due to the small compensation amount and lack of factual challenge, while clarifying that the question of jurisdiction under Section 2(1)(o) of the Consumer Protection Act, 1986, remains undecided for future cases.

23 Jul 2020

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 7 October 2016, which held Safdarjung Hospital lia...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Upholds Consumer Fora Orders for Compensation. Ownership of Vehicle Not Transferred Despite Sale Agreement; Insurer Liable to Pay Claim Amount with Interest.

18 Jun 2020

The Supreme Court allowed the appeal filed by Surendra Kumar Bhilawe against The New India Assurance Company Limited, setting aside the National Commi...

Supreme Court

Supreme Court Allows Bank's Appeal in Consumer Dispute Over Insurance Deficiency — Bank Not Liable for Failure to Insure Hypothecated Assets Where Contract Imposed Primary Obligation on Borrower. The Court held that the bank's liberty to insure did not create a duty, and the borrower's indemnity clause shielded the bank from liability for uncovered losses.

20 May 2020

The appellant, Canara Bank, had extended credit facilities to the respondent, Leatheroid Plastics Pvt. Ltd., since 1980. On 4th January 2001, the bank...

Supreme Court

Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

1 Jan 2020

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

Supreme Court

Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

1 Jan 2020

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

Supreme Court

Supreme Court Allows Rajasthan Housing Board's Appeal in Consumer Dispute Over LIG Tenement Allotment — Complaint Barred by Limitation and Delay. The Court held that the NCDRC erred in restoring the District Forum's order directing allotment at 1992 rates, as the respondent's own letters showed financial inability to pay and the complaint was filed after gross delay under the Consumer Protection Act, 1986.

22 Jul 2019

The Supreme Court allowed the appeal filed by the Rajasthan Housing Board against the judgment of the National Consumer Disputes Redressal Commission ...

Supreme Court

Supreme Court Restores Compensation Against Operating Surgeon in Medical Negligence Case. Low Platelet Count Surgery Held Unreasonable Under Consumer Protection Act, 1986.

19 Jul 2019

The appellant, Nand Kishore Prasad, filed a consumer complaint after his 15-year-old son Sanjay Kumar died following surgery at Kurji Holy Family Hosp...

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...

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