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.
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 […]
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 […]
Consumer Protection (Administrative Control Over the State Commission and the District Forum) Regulations, 2018
Published vide Notification No. G.S.R. 335(E), dated 23.3.2018 G.S.R. 335(E). – In exercise of the powers conferred by section 30-A of the Consumer Protection Act, 1986 (68 of 1986), read with section […]
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 […]
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.
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.
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.
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.
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 […]
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 […]
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. […]
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.
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.
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.
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 […]
National Commission is not a Court. (See Laxmi Engineering Works v. P.S.G. Industrial Institute, (1995) 3 SCC 583; Charan Singh v. Healing Touch Hospital, (2000) 7 SCC 668; State of Karnataka v. […]
Protection provided under Consumer Protection Act to consumers is in addition to remedies available under any other Statute
The frame work for the CP Act was provided by a Resolution dated 09.04.1985 of the General Assembly of the United Nations Organization, which is commonly known as consumer Protection Resolution No. […]
The primary object behind permitting a class action such as a complaint under Section 12(1)(c) of the Consumer Protection Act being to facilitate the decision of a consumer dispute in which a large number […]
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 […]
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 […]
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 […]
27-01-2004 Appellant suffered mental agony in taking delivery of a defective car after having paid for a brand new car and in taking the car again and again to the dealer for […]
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 […]
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 […]