⇨ Historic Judgment by five Judges Constitution Bench: Removing Article 370 from the Constitution
It is a case where the car was painted to match the original colour before being handed to the complainant. It was not stated in the report that the car was old or involved in an accident prior to repainting. Read more
⇨ Proximate nexus between the accident and the body injury is a must for accident claim in insurance matters
Death due to sun stroke during election duty will not come under the scope of the clause “death only resulting solely and directly from accident caused by external violent and any other visible means” said SC, confirming its earlier decision in the matter of Alka Shukla V/S LIC (2019)SC. Read more
⇨ Repainted car sold as New- does Court hold it as manufacturing defect?
It is a case where the car was painted to match the original colour before being handed to the complainant. It was not stated in the report that the car was old or involved in an accident prior to repainting. Read more
⇨ No more service charge by default, Govt issues notification
The Notification by the Ministry of Consumer affairs issued on 04.07.2022 in the form of Guidelines are meant to stop levy of service charge by the Hotels and restaurants in the bill while customer avails service by visiting at their premises. Read more
⇨ Choices for Homebuyers if Developers Fail to Give Possession
The Supreme Court, in the recent case of Experion Developers Pvt. Ltd. Versus Sushma Ashok Shiroor, decided on 7th April 2022 took a very liberal view in favour of home buyers who invested their hard earned money in a developers’ project but did not get possession within the stipulated time. Read more
⇨ 2021 In Review: Landmark judgments by the Supreme Court
Leading cases decided by the honourable Supreme Court in the year 2021 are going to be remembered as benchmark judgments in the evolution of consumer jurisprudence. Read more
⇨ Builder to pay additional taxes to Corporation on behalf of Home buyers
It’s a common grievance of home buyers that builder fails to complete the construction work including amenities as per plan and agreed terms. Read more
⇨ The Bombay High Court upheld the Constitutional validity of the Real Estate Law 2016
Estate (Regulation and Development) Act – A bench of Justice Naresh Patil and Justice RG Ketkar passed the judgment after hearing all parties in the matter and upheld the provisions of the new Act that came into effect on May 1, 2017. Read more
⇨ Supreme Court strikes down condition in CBSE policy to consider marks scored in the later test
Sukriti Gupta & others case had come up before the Supreme court in the year 2021 in which a number of Class 12 students had filed petition to permit the class 12 students to opt for retaining marks of their previous exams in case they get less marks in improvement exams. Read more
⇨ Supreme Court asks for impact study of Consumer Protection Act, 2019
Inaction of the governments in appointing president and members/staff of districts and state consumer disputes redressal commission and inadequate infrastructure across India has led Supreme Court to direct centre to conduct legislative impact study of Consumer Protection Act 2019. Read more
⇨ National Commission nullified builders sale agreement on not handing over timely possession
If a builder is unable to give possession of a flat within the agreed time, then he is liable to pay interest to the purchaser until the handover, the National Consumer Disputes Redressal Commission (NCRDC) ordered Runwal Homes to hand over a 1,215-square-foot Nahur flat to a Kemp’s Corner family and also pay them around Rs 69 lakh interest on the amount paid so far. Read more
⇨ Developer can’t push the apartment buyers to be in unreasonable contract
With this new verdict there will be much clarity and a sigh of relief among the homebuyers/consumers. However, what it actually brings to the table for a common man aka consumer examines our legal expert Ankur Saha. Read more
⇨ CCPA has jurisdiction to initiate proceeding suo moto against enterprise
Cloudtail India Private Limited.Versus Central Consumer Protection Authority. Read more
⇨ Foundation for Media Professionals v. Union of India & Ors. | Writ Petition (Criminal) No. 395 of 2022
The Supreme Court on November 7th expressed concerns over the arbitrary seizure of media professionals’ digital devices and stressed the need for better guidelines to protect their interests. Read more
⇨ Narinder Chopra v/s Jaiprakash Associates (NC)
Consumer Complaint no 3258 0f 2017 along with IA 330 OF 2021 & IA 1130 OF 2021, Decided on 16.5.2021. Read more
⇨ An error in procedure makes an order Null & Void
Uttar Pradesh State Consumer Forum reversed an order made by the Gautam Buddha Nagar District Consumer Forum, which had sentenced Ritu Maheshwari, the Chief Executive Officer (CEO) of the Greater Noida Industrial Development Authority (GNIDA), to one month in prison. Read more
⇨ The Insurer had a duty to inform the appellants that a change regarding the limitation on its liability was being introduced
In this case Jacob Punnen and another versus United India Insurance Co Ltd, a bench comprising Justices S Ravindra Bhat and KM Joseph was considering an appeal against an order. Read more
⇨ Supreme Court strikes down condition in CBSE policy to consider marks scored in the later test
Sukriti Gupta & others case had come up before the Supreme court in the year 2021 in which a number of Class 12 students had filed petition to permit the class 12 students to opt for retaining marks of their previous exams in case they get less marks in improvement exams. Read more
⇨ Judges go by Constitutional morality
Judges don’t go by popular morality, but by constitutional morality. Constitutional morality consists of those values of the constitution that the courts are intended to espouse such as fraternity, human dignity, personal liberty and equality. Read more
⇨ Law on forfeiture of earnest money
Builder and Home buyer signed an agreement having forfeiture clause. In case of cancelling the booking by Home Buyer, 20% of total basic sale price shall be forfeited. Read more
⇨ Shopping Malls cannot ask for parking fee Quotes from Consumer Judgments
The first petition was moved by a social worker Bosco Louis who appeared as a party in person. Another petition was moved by film director Pauly Vadakkan after he was charged Rs 20 as parking fees. Read more
⇨ How the courts make law
It is well settled law that –
“Requirement of leading detailed evidence could not be a ground to shut the doors of any forum created under the Act like the Consumer Protection Act.” Read more
⇨ The Bombay High Court upheld the Constitutional validity of the Real Estate Law 2016
Estate (Regulation and Development) Act – A bench of Justice Naresh Patil and Justice RG Ketkar passed the judgment after hearing all parties in the matter and upheld the provisions of the new Act that came into effect on May 1, 2017. Read more
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LEGAL TEAM
Professor Sriram Khanna
Prof. Sri Ram Khanna, Managing Trustee of Consumer VOICE set up Consumer Association at Delhi University Campus in 1983 with his like-minded friends. A doctorate from the Delhi School of Economics, Prof Khanna is currently teaching at the Faculty of Commerce and Business in DU. He was the first to initiate Comparative Testing of consumer products in India with the technical support from StiftungWarentest, Germany. With several publications on consumer affairs under his name, Prof Khanna is a walking encyclopedia of the organization.
Ashim Sanyal
Ashim Sanyal, COO of Consumer VOICE, an astute and result oriented professional, brings with him 25 years of corporate management experience. His inputs in strategic planning & account management and skills in budgeting, forecasting, competitor and market analysis has helped Consumer VOICE reach new heights in the fields of Comparative Testing, Sustainability Projects, and advocacy on several consumer matters. He has in-depth knowledge and comprehensive understanding of the emerging market trends having travelled widely across Europe, Middle East & Africa.
Dr Prem Lata
Dr Prem Lata, Legal Head of Consumer VOICE served as the Legal Advisor at Steel Authority of India Ltd (1980-2001) and a member of the Consumer Court till 2013. She has almost 25 years of legal experience with specialization in Consumer Law and Affairs having served as a legal expert at National Consumer Helpline. She has played a crucial role as a Committee Member for drafting Rules & Regulations for New Consumer Protection Act 2019. She is also an Arbitrator at Indian Council of Arbitration, Centre for International Arbitration (High Court of Delhi) and FICCI and authored many books on the same.
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