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.… Read More Only National Commission(Consumer)has power to review its ex-prate orders.

Consumer Forums are not Courts but are quasi-judicial bodies or authorities or agencies

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. Vishwabharathi House Building Coop. Society, (2003) 2 SCC 412. This position has been fortified recently by a decision of a Constitution Bench of… Read More Consumer Forums are not Courts but are quasi-judicial bodies or authorities or agencies

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. 39/248. India is a signatory to the said Resolution. The Act was enacted in view of the aforementioned Resolution of the General Assembly… Read More Protection provided under Consumer Protection Act to consumers is in addition to remedies available under any other Statute

Scope of class action as a complaint under Section 12(1)(c) of the Consumer Protection Act

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 of consumers are interested, without recourse to each of them filing an individual complaint, it is necessary that such a complaint is filed on behalf… Read More Scope of class action as a complaint under Section 12(1)(c) of the Consumer Protection Act

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… Read More Ghaziabad Development Authority Versus Balbir Singh[SC 2004 March]