Admission of complaint by District Commission under Consumer Protection Act 2019-Every proceeding before the District Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, and the District Commission shall be deemed to be a criminal court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973
BUREAU OF INDIAN STANDARDS (RECOGNITION OF CONSUMERS’ ASSOCIATIONS) RULES, 1991-BUREAU OF INDIAN STANDARDS (RECOGNITION OF CONSUMERS’ ASSOCIATIONS) RULES, 19911 GSR 619(E) DATED 9-10-1991 In exercise of the powers conferred by section 37 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Central Government hereby makes the
C.N. Anantharam Versus Fiat India Ltd. and OTHERS--24-11-2010 Keywords: Manufacturing defects- Replacement-Deficiency of service-Special Leave Petition whether the manufacturing company and by extension the dealer/agent was under any compulsion to replace the vehicle itself when the engine of the vehicle from which certain noises were allegedly emanating
California Consumer Privacy Act of 2018-The California Constitution grants a right of privacy. Existing law provides for the confidentiality of personal information in various contexts and requires a business or person that suffers a breach of security of computerized data that includes personal information, as defined, to disclose that breach, as specified.
California Consumer Privacy Act of 2018-A business that collects a consumer’s personal information shall, at or before the point of collection, inform consumers as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. A business shall not collect additional categories of personal information or use personal information collected for additional purposes without providing the consumer with notice consistent with this section.
Consumer Protection Act 2019-Consumer Protection Act, 2019 I. Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 II. Consumer Protection (General) Rules, 2020 III. Consumer Protection (Central Consumer Protection Council) Rules, 2020 IV. Consumer Protection (Qualification for Appointment, Method of Recruitment, Procedure of Appointment,
Dr. D.J. De Souza Vs. Managing Director, CPC Diagnostics Pvt. Ltd.-The appellant could not insist on on-board laundry facility which was never committed to be delivered to the appellant along with the instrument nor there could be any installation of the equipment without installation of 1KVA Online UPS as part of pre-installation requirements.
FDA issued warning letters to firms for selling fraudulent products with claims to prevent, treat, mitigate, diagnose or cure COVID-19-The U.S. Food and Drug Administration is issuing warning letters to firms for selling fraudulent products with claims to prevent, treat, mitigate, diagnose or cure coronavirus disease 2019 (COVID-19). We are actively monitoring for any firms marketing products with fraudulent COVID-19 prevention and treatment claims. The FDA is exercising its authority to protect consumers from firms selling unapproved products and making false or misleading claims, including, by pursuing warning letters, seizures, injunctions or criminal prosecutions against products and firms or individuals that violate the law.
Ghaziabad Development Authority Versus Balbir Singh[SC 2004 March]-Keywords:- Compensation Concept that King can do no wrong has been abandoned in England itself and the State is now held responsible for tortuous act of its servants. Ghaziabad Development Authority Versus Balbir Singh The word ‘compensation’ is again of very wide
H.V.P.N.L. Vs Mahavir-21/07/2000-The Appellate Forum is bound to refer to the pleadings of the case, the submissions of the counsel, necessary points for consideration, discuss the evidence and dispose of the matter by giving valid reasons.
I.C. Sharma Vs. The Oriental Insurance Company Ltd [SC 2018 January]-KEYWORDS :- Consumer-Insurance policy- DATE :-January 10, 2018- Under-insurance basically means that the insured has taken out an insurance policy in which he has valued the insured items for a sum which is less than the actual value of the
If expert evidence is required, Civil Court be approached over Consumer Court for proper Relief-s the Act preserves the right of the consumer to approach the civil court in complicated cases of medical negligence for necessary relief. But this Court held that cases in which complicated questions do not arise the Forum can give redressal to an aggrieved consumer on the basis of a summary trial on affidavits.
INDIAN MEDICAL ASSOCIATION Vs V.P. SHANTHA AND OTHERS-13/11/1995-whether and, if so, in what circumstances, a medical practitioner can be regarded as rendering 'service' u/s 2(1)(o) of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'). Connected with this question is the question whether the service rendered at a hospital/nursing home can be regarded as 'service' u/s 2(1)(o) of the Act.
Jiten K. Ajmera & ANR. Vs. M/s. Tejas Cooperative Housing Society – 06/05/19-Consumer Complaint - Additional evidence before State Consumer Commission - Section 107(1) (d) r.w. Rule 27 of Order XLI, CPC - Under Order XLI Rule 27, CPC a party can produce additional evidence at the appellate stage, if it establishes that notwithstanding the exercise of due diligence, such evidence was not within its knowledge, or could not even after the exercise of due diligence, be produced by it at the time when the decree appealed against was passed.
Kusum Agarwal & ANR. Vs. M/s. Harsha Associates Pvt. Ltd.[2017SC]-the conduct of the respondent clearly shows that he had not come to court with clean hands. In fact, in December, 2004 when a letter was written to the appellants offering them the commercial space in question, the same had
Law of Consumer Protection In India-The Consumer Protection Act The Consumer Protection Rules The Consumer Protection Regulations The Consumer Protection (Procedure for regulation of allowing appearance of Agents or representatives or Non-Advocates or Voluntary Organisations before the Consumer Forum) Regulations The National Consumer Disputes Redressal
Maruti Udyog Ltd. Versus Susheel Kumar Gabgotra and another-29-03-2006 Keywords:-Financial loss-Warranty Obligation- If the manufacturing defect was established, then replacement of the entire item or the replacement of the defective parts, is only called for. Principle adopted: On a sale of a motor vehicle by a manufacturer to
Misleading Advertisement and Consumer complaint-ContentsKeywords:-Media-Food safety-Real EstateMisleading Advertisement♣Misleading advertisement Complaint filing with The Advertising Standards Council Of India( ASCI)Laws Governing Media, Society and the Consumer♥FSSAI signs an MOU with ASCI♣MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY Keywords:-Media-Food safety-Real Estate Misleading Advertisement ♣Misleading advertisement Complaint filing with The Advertising Standards
National Insurance Co.Ltd vs Sri. Tinku Ghosh-we are of the opinion that the delay in filing the instant appeal has not been explained properly as required and the same is also not bona fide Tripura State Consumer Disputes Redressal Commission, Agartala. National Insurance Co.Ltd vs Sri.
ONGC LTD. & ORS. Vs CONSUMER EDUCATION RESEARCH SOCIETY & ORS- 09/12/2019-Consumer- whether any amount is being paid by the employees for contribution to the services rendered by the Trust, it is apparent that the service, if any, is being rendered by the Trust and not by the ONGC. Therefore, we have no hesitation in coming to the conclusion that there is no relationship of consumer and service provider between the claimants and the ONGC.
Only National Commission(Consumer)has power to review its ex-prate orders.-The legislature chose to give the National Commission power to review its ex prate orders. Before amendment, against dismissal of any case by the Commission, the consumer had to rush to this Court. The amendment in Section 22 and introduction of Section 22A were done for the convenience of the consumers. We have carefully ascertained the legislative intention and interpreted the law accordingly.
Product liability action under Consumer Protection Act 2019-Product Liability Chapter six shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or
SUPREME COURT RULES RELEVANT TO CONSUMER PROTECTION ACT-GSR 409, DATED 3-7-1990 In exercise of the powers conferred by Article 145 of the Constitution and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President, the following rules further
Tata Engineering and Locomotive Co. Ltd. and another vs Gajanan Y. Mandrekar[SC 1997 March]-Keywords:-Damages-Proportionate deduction- Proportionate deduction for use of the vehicle would have been given in Consumer case When the vehicle was being used with the same defects as pointed out, necessarily the purchaser is required to be compensated for not delivering
Telecom Consumers Protection (Eleventh Amendment) Regulations, 2020-The International Mobile Roaming (IMR) is a service that allows customer of a mobile operator in one country to obtain service (voice, SMS or data) from an operator in another country using the same handset and mobile number, facilitated by a common technology and a wholesale inter-operator contract
THE CONSUMER PROTECTION RULES, 1987-Central Government Rules 1. Short title, extent and commencement 2. Definitions 2A. State Governments to recognise a laboratory as an appropriate Laboratory 3. The Constitution of the Central Consumer Protection Council and the Working Groups 4. Procedure of the Central Council 5.
The definition of consumer u/s 2(1)(d) does include the services rendered by Advocate – Madras High Court-Even if the section is declared to be unconstitutional the other sections of the Act will continue to be intact and if the services of the advocate fall within the definition of service u/s 2(o) of the Act, then, it will be certainly open to a client to proceed against, the advocate before the Consumer Redressal Forum.
The Direct Selling Guidelines 2016-hese guidelines, may be called the Direct Selling Guidelines 2016. These are issued as guiding principles for State Governments to consider regulating the business of "Direct Selling" and Multi-Level Marketing (MLM) and strengthen the existing regulatory mechanism on Direct Selling and MLM, for preventing fraud and protecting the legitimate rights and interests of consumers.
The Direct Selling Guidelines 2016-Any direct selling entity, conducting direct selling activities, shall submit an undertaking to the Department of Consumer Affairs by 9th December, 2016 stating that it is in compliance with these guidelines and shall also provide details of its incorporation. Being
The history of Consumer Movement-For the first time in 1856 a select committee recommended that a cheap and easy remedy, by a summary charge before a magistrate, should be afforded to consumers who received adulterated or falsely described food. This suggestion was taken up
The proceeding before the consumer Forum does come within the sweep of term “suit”-In common parlance, the term “suit” is taken to include all proceedings of a judicial or quasi-judicial nature in which the disputes of aggrieved parties are adjudicated before an impartial forum. Proceedings before the consumer for a fall squarely within that definition.
Unfair trade practice under Consumer Protection Act 2019-materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made
Union Govt drafted Electricity (Rights of Consumers) Rules 2020-Union Power Ministry has drafted Rules providing for Rights of Electricity Consumers for the First Time. Electricity Consumers are the most important stakeholders in the power sector. The sector exists because of them. Having provided access to electricity to all citizens, it is now important to focus on consumer satisfaction.
Vibha Bakshi Gokhale & ANR. Vs. M/s. Gruhashilp Constructions & Ors.-We have also been repeatedly observing that marginal delays are not being condoned by the NCDRC on the ground that the Consumer Protection Act 1986 stipulates a period within which a consumer complaint has to be disposed of. Though the Act stipulates a period for disposing of a consumer complaint, it is also a sobering reflection that complaints cannot be disposed of due to non-availability of resources and infrastructure. In this background, it is harsh to penalise a bona fide litigant for marginal delays that may occur in the judicial process. The consumer fora should bear this in mind so that the ends of justice are not defeated.
WEST BENGAL CONSUMER PROTECTION RULES, 1987-NOTIFICATION NO. 7811-F.S./FS/4F-25/82 PT. II, DATED 20-7-1987 In exercise of the powers conferred by sub-section (2) of section 30 of the Consumer Protection Act, 1986 (68 of 1986), the Governor is pleased hereby make the following rules: Short title and
Why ordinary people should not approach to Indian Courts-How and by which principle, the Court should decide the issue of negligence of a professional doctor-SC Explained it after 22 years of filing the original complaint in favor of the doctor and against the lady patient- complainant.
