Consumer Protection Act 1986

10th Sep, 2019

Remedies available under Consumer Protection Act and RERA are concurrent

The Delhi High Court reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 (CPA) and Real Estate (Development and Regulation) Act, 2016 (RERA) are concurrent.   The said observation was held […]
18th May, 2019

Section 21(b) does not provide for filing of a Revision Petition before the National Commission against an Order passed by the State Commission in execution proceedings.

The Supreme Court held that a revision under Section 21(b) can only be filed challenging a ‘consumer dispute’ and an execution proceedings being independent proceedings, cannot be said to fall under the meaning of “consumer […]
24th Apr, 2019

The advent of RERA does not bar a homebuyer from approaching the Consumer Fora

The NCDRC held that a homebuyer may approach either RERA authorities or consumer fora and none of the acts bars the jurisdiction of the other. However, both remedies cannot be pursued concurrently. The above ratio […]
11th Apr, 2019

One sided clauses in Builder Buyer Agreements amount to Unfair Trade Practice within the meaning of Consumer Protection Act

The Apex Court held that a term of a contract which is one sided and opposed to the interest of the buyers cannot be final and binding if it is shown that the flat purchasers […]
10th Jan, 2019

In case of builders, failure to obtain necessary sanctions and approval from concerned authorities does not fall under force majeure

In a recent judgment, the National Consumer Disputes Redressal Forum held that the builder’s inability to obtain requisite permission for construction of flats is not a valid reason and does not justify delay in possession […]
24th Dec, 2018

Notice under Order 1 Rule 8(2) CPC mandatory for filing ‘Class Action’ Consumer Complaints u/s 12(1)(c) of Consumer Protection Act.

The Supreme Court observed that ‘Class Action’ consumer complaints filed by one or more consumers where there are numerous consumers having the same interest will be maintainable only where the complaint fulfils all the requisite […]
10th Dec, 2018

Revision Petition against Appeal in Enforcement Proceedings in Consumer Complaint not maintainable

The Delhi High Court has ruled that a revision petition is not maintainable against an appeal in enforcement proceedings in a consumer dispute. The said ruling was held in the matter of K.A Nagamani Vs. […]
3rd Dec, 2018

Despite showing sufficient cause, party is not entitled to condonation of delay as a matter of right

In a recent judgment, the National Consumer Disputes Redressal Commission, while reiterating the decision of the Apex court in Ram Lal & Ors. V. Rewa Coalfields Ltd., AIR 1962 SC 361, held that in case […]
22nd Oct, 2018

Non- disclosure of common lifestyle diseases is not a ground to deny insurance claim

The National Consumer Disputes Redressal Commission observed that mere non-disclosure of lifestyle diseases does not become a ground for denial of insurance claim to the insured. However, such non-disclosure may result in reduced claims. The […]
12th Oct, 2018

A claim for negligence against a doctor can succeed when it is proved that either he does not possess requisite skill which he professed to have possessed, or, he did not exercise such skill with reasonable competence

In a complaint based on alleged negligent acts of a surgeon, the apex court held that a surgeon or a doctor cannot and does not guarantee that the result of surgery would invariably be beneficial, […]
11th Jun, 2018

Protection provided to the Consumers under the Consumer Protection Act is in addition to the remedies available under any other Statute.

Challenge: The complainant had complained that the possession of the unit booked was not delivered within a maximum period of three years from the date of agreement. The Opposite parties had taken the plea that […]
28th May, 2018

Purchaser of property for the purpose of expansion of an existing business, does not fall in the ambit of “Consumer” within the meaning of the Consumer Protection Act

In a recent pronouncement of the National Consumer Disputes Redressal Commission, New Delhi (referred to as “NCDRC” hereinafter) held that a purchaser of a commercial unit would be a consumer within the meaning of Section […]