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 insured item. In a country like India this is normally done to pay a lesser premium. This is, in fact, harmful to the policy holder … Continue reading I.C. Sharma Vs. The Oriental Insurance Company Ltd [SC 2018 January]

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 already been sold to someone else. It would also be pertinent to mention that before the District Forum statement had been made by the counsel … Continue reading Kusum Agarwal & ANR. Vs. M/s. Harsha Associates Pvt. Ltd.[2017SC]

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 connotation. It has not been defined in the Act. According to dictionary it means, ‘compensating or being compensated; thing given as recompense;’. In legal sense … Continue reading Ghaziabad Development Authority Versus Balbir Singh[SC 2004 March]

Jose Philip Mampillil Versus M/s. Premier Automobiles Ltd. and another[SC 2004 January]

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 repairs Jose Philip Mampillil Versus M/s. Premier Automobiles Ltd. and another Keywords:-Mental agony– In our view, it is shameful that a defective car was sought to be sold as a brand new car. Had this … Continue reading Jose Philip Mampillil Versus M/s. Premier Automobiles Ltd. and another[SC 2004 January]

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 the vehicle in good condition as per the warranty after deduction towards the use of the vehicle. Challenge: Vindicate the principle on which the damages … Continue reading Tata Engineering and Locomotive Co. Ltd. and another vs Gajanan Y. Mandrekar[SC 1997 March]

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 dealer there may be an implied warranty that it is reasonably fit for, or adapted to, the uses for which it is made and sold; … Continue reading Maruti Udyog Ltd. Versus Susheel Kumar Gabgotra and another

when the deficiency began to manifest themselves it was the duty of the suppliers to attend to such deficiencies immediately and if the supplier was unable to attend to the deficiencies and malfunctioning of the system soon after installation, it would amount to “deficiency of service”.

24-02-2006 Indochem Electronic and another vs Addl. Collector of Customs   Keywords:-Period of warranty-System installed-Sale of Goods-Compensation Where a stipulation in a contract of sale is a warranty, its breach may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated; but, where a stipulation in a contract of sale is a condition, its … Continue reading when the deficiency began to manifest themselves it was the duty of the suppliers to attend to such deficiencies immediately and if the supplier was unable to attend to the deficiencies and malfunctioning of the system soon after installation, it would amount to “deficiency of service”.

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 had been replaced. we direct that if the independent technical expert is of the opinion that there are inherent AIR 2011 SC 523 : JT 2011 … Continue reading C.N. Anantharam Versus Fiat India Ltd. and OTHERS-

Misleading Advertisement and Consumer complaint

Keywords:-Media-Food safety-Real Estate Misleading Advertisement ♣Misleading advertisement Complaint filing with The Advertising Standards Council Of India( ASCI) ASCI serves as an effective pre-emptive step to statutory provisions in the sphere of media regulation for TV and radio programs in India. Laws Governing Media, Society and the Consumer The Press Council Act 1978 Cable Television Network Rules, 1994 Code for Commercial Advertising on Doordarshan and All India Radio … Continue reading Misleading Advertisement and Consumer complaint