Consumer Protection Act 1986

20th Mar, 2017

Non- communication of terms and conditions of insurance policy amounts to deficiency in service

The NCDRC agreed with the conclusions of both the District forum and the State Commission that the terms and conditions, based upon which, the insurance claim had been repudiated, were never brought to the knowledge […]
17th Mar, 2017

Trust not entitled to invoke jurisdiction of Consumer Courts

Supreme Court in the matter of Pratibha Pratisthan Vs Manager, Canara Bank; Civil Appeal no. 3560/2008 vide judgement dated 7th March, 2017 held A reading of the definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ […]
2nd Mar, 2017

Deficiency in service on part of the Bank when title deeds under their custody are lost #legalupdates

In a case, before the National Commission, Bank took a stand that document had been ‘misplaced’, there shall still be a possibility that, document could be recovered at a later stage and returned to complainant. […]
11th Feb, 2017

Remedies under Consumer Protection Act are in addition of other provisions for addressing grievances

NCDRC in the matter titled as Western Railway Vs Vinod Sharma First appeal no. 451/2015 decided on 18th January, 2017 has held notwithstanding provisions of Railways Act, 1989 and availability of Railways Claims Tribunal Act […]
11th Feb, 2017

Insurance Company not liable if the keys of vehicle are left inside the Vehicle

NCDRC (National Commission) in the matter of Mahavir Prasad Gupta Vs Oriental Insurance Co Ltd First Appeal no. 1060/2016 decided on 19th January, 2017 has held that Insurance company would not be liable to pay […]
31st Jan, 2017

Consumer courts are not meant for enriching the consumers

The Delhi State Commission on the question of amount of compensation in consumer oriented cases opined that “consumer courts are not meant for enriching of customers and the compensation claimed by the consumer in the […]
31st Jan, 2016

A second complaint to the District Forum is maintainable when the first complaint was dismissed for default #indianlaws

There is no provision parallel to the provision contained in Order 9 Rule 9(1) Code of Civil Procedure which contains a prohibition that if a suit is dismissed in default of the Plaintiff under Order […]
20th Jan, 2016

In a Contract of Insurance, Parties (insurer/insured) can themselves decide on benefits #indianlaws

A contract of insurance is one of the species of commercial transaction between the insurer and insured. It is for the parties (insurer/insured) to decide as to what type of insurance they intend to do […]
9th Dec, 2015

Time to file reply to consumer complaint not later than 45 days from the receipt of notice #indianlaws

The Supreme Court held that the District Forum can grant a further period of 15 days in addition to the 30 days (from the date of notice) provided for in section 13 of the Act […]
22nd Feb, 2015

Who would be a consumer for the Real Estate Transactions?

Mere submission of an application for allotment of a house, which does not result either in allotment or registration and consequent inclusion in the awaiting list for such an allotment, does not confer upon him […]
3rd Nov, 2014

Mere proof of “unfair trade practice” is not enough to seek punitive damages unless causing of loss is also established

Mere proof of “unfair trade practice” is not enough for claim or award of relief unless causing of loss is also established. Punitive damages are awarded against a conscious wrong doing unrelated to the actual loss […]
24th Sep, 2014

Mere appointment of a contractor or employee does not Absolve Corporation from its statutory duties #indianlaws

It was held by the Supreme Court held a Corpoation who grants the boating rights to contractor would continue to be liable to suprevise the boating activities and pay for the loss of life during boating.