Consumer Protection Act Archives

Supreme Court affirms the order of the Bombay High Court supporting lawyers with 10 years’ experience to be considered for Consumer Commission appointment

“In absence of transparency in the matter of appointments of President and Members and in absence of any criteria on merits the undeserving and unqualified persons may get appointment which may frustrate the object and purpose of the Consumer Protection Act”, observed the Bench.

Case Briefs Supreme Court

Supreme Court| ‘Exclusion clause’ destroying the contract entered with knowledge, cannot be permitted to be used by a party who introduced it, to avoid liability

Supreme Court: In an appeal against the decision of the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the commission having

Case Briefs Supreme Court

Supreme Court sets aside NCDRC’s judgment reducing almost Rs. 14 Lakhs of compensation granted by State Commission to Rs. 10,000

Supreme Court: In an appeal filed against the judgment passed by the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the

Op Eds OP. ED.

Supervision of High Courts over National Consumer Disputes Redressal Commission: A Conundrum Unresolved

by Bonny Mehra†

Op Eds OP. ED.

An Appraisal of Strict Product Liability in India: Making a Case for Protection to Bystanders

by Kartik Sharma†

Cases Reported SCC Weekly

2022 SCC Vol. 8 Part 3

Civil Procedure Code, 1908 — Or. 7 R. 11(d) and Or. 14 R. 2: Limitation as a ground for rejecting

Case Briefs High Courts

Delhi High Court stays CCPA ruling on levying service charges in hotels and restaurants as an unfair trade practice

Delhi High Court: Yashwant Varma, J. stayed the ruling passed in the form of guidelines by the Central Consumer Protection Authority (‘CCPA’)

Case Briefs Supreme Court

Indian Dhows sinking & hijacking by Somali Pirates| Delay in repudiating insurance claim cannot be the only factor to presume deficiency in service: SC

Supreme Court: In an interesting case regarding insurance claim, the Division Bench comprising Hemant Gupta and V. Ramasubramanian*, JJ., reversed the NCDRC’s

Case Briefs Tribunals/Commissions/Regulatory Bodies

A child was found HIV + 2 decades ago, after a blood transfusion; NCDRC reprimands discussion on “ifs” and “buts” as it would be against the object of Consumer Protection Act

National Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member), on finding that a child

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

If a person makes an investment in shares, will he be considered a Consumer under S. 2(1)(d) of Consumer Protection Act? NCDRC elaborates in view of ‘earning livelihood’

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath, Presiding Member, held that the complainant was not investing money in the share market

Case Briefs High Courts

Constitutional Validity of S. 29A of Consumer Protection Act | Whether absence of President of State Commission or District Forum for reasons beyond control is sufficient for striking down S. 29A as unconstitutional? Bom HC decides

Bombay High Court: Stating that, the Courts cannot examine the constitutional validity if a situation created by impugned legislation is irremediable, the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Will Tax deducted at source be attracted on compensation awarded under Consumer Protection Act “in the form of simple interest”? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Dinesh Singh (Presiding Member) and Justice Karuna Nand Bajpayee (Member) expressed that in

Case Briefs High Courts

Do District and State Consumer Disputes Redressal Commissions do not have jurisdiction to take cognisance of medical negligence complaints? Ker HC analyses

Kerala High Court: N. Nagaresh, J., decided whether medical service would fall within the ambit of Section 2(42) of the Consumer Protection

Case Briefs Tribunals/Commissions/Regulatory Bodies

Consumer cannot be forced to pay “service charge” in a restaurant: Consumer Forum finds conduct of restaurant contrary to principles of Consumer Protection Act

District Consumer Disputes Redressal Commission, Kolkata Unit-II(Central): While holding against the service charge, charged by a restaurant, Coram of Swapan Kumar Mahanty

Case Briefs District Court

Can retailers/shopkeepers charge for ‘carry bags’ with their brand logos printed on them? Consumer Forum explains

District Consumer Disputes Redressal Commission, Hyderabad: Coram of M. Anuradha President (FAC) and Lakshmi Prasanna, Member, held that, Retailers/shopkeepers charging for plastic/paper/cloth

Case Briefs Supreme Court

Consumer Protection| Can written statement be accepted beyond 45 days? SC settles pre and post New India Assurance Company Verdict conundrum once and for all

The Supreme Court adopted a bright-line standard which obviates uncertainty on the legal position before the consumer fora and obviates further litigation.

Case Briefs District Court Tribunals/Commissions/Regulatory Bodies

Consumer Forum | Can complainant raise consumer dispute where excess electricity duty is charged? Is he overriding statutory remedy if he already approached the Collector? Read on

Consumer Disputes Redressal Commission Gujarat State, Ahmedabad: Justice V.P. Patel, President and U.P. Jani, Member, addressed an appeal which was raised in

Case Briefs Tribunals/Commissions/Regulatory Bodies

DSCDRC | If a car is purchased for company’s Vice-President’s personal use, would VP come under the umbrella of Consumer Protection Act? Read on

Delhi State Consumer Disputes Redressal Commission (DSCDRC): Coram of Dr Justice Sangita Dhingra Sehgal (President) and Anil Srivastava (Member) decided on the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Selling a second-hand car, in place of a new car, after accepting full consideration price for a new car, inter alia constitutes ‘unfair trade practice’ under S. 2(1)(r) of Consumer Protection Act

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh, Presiding Member, held that, “…selling a second-hand car, in place of a new car,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Consumer Protection Act, 2019 provides for hierarchy of Consumer Fora to deal with consumer complaints, depending upon pecuniary value of complaint; Complaint filed to demand disproportionate compensation only to inflate value of complaint — Dismissed

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the complaint reiterated the settled position of law, expressed that,