“In a dispute concerning a consumer, it is necessary for the Courts to take a pragmatic view of the rights of the consumer principally since it is the consumer who is placed at a disadvantage vis-à-vis the supplier of services or goods. It is to overcome this disadvantage that a beneficent legislation in the form […]Read more "The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986"
My Lord, Can a complaint be filed by a Trust under the provisions of The Consumer Protection Act, 1986? “A reading of the definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ makes it clear that a Trust cannot invoke the provisions of the Act in respect of any allegation on the basis of which a […]Read more "Trusts not Consumers"
My Lord, Does a clarificatory amendment by nature have retrospective effect? Yes. “An Explanation was added by the Consumer Protection (Amendment) Act, 1993 to the definition of the expression ‘consumer’, under Section 2(1)(d) of The Consumer Protection Act, 1986. In Laxmi Engineering Works, (1995) 3 SCC 583 the consumer complaint in question was filed before […]Read more "Section 2(1)(d) of The Consumer Protection Act, 1986"
My Lord, Is a second complaint to a District Forum under The Consumer Protection Act, 1986 maintainable when the first complaint has been dismissed for default or non-prosecution? Yes. See, New India Assurance, (2000) 3 SCC 242. “The rule of prohibition contained in Order 9 Rule 9(1) CPC cannot be extended to the proceedings before the […]Read more "Second Complaints to District Consumer Forums"
As per Section 13(2)(a) of The Consumer Protection Act, 1986 – the period of limitation for filing a written statement before a District Forum is 45 days. In J.J. Merchant, (2002) 6 SCC 635 the question arose whether the Forum can grant time beyond 45 days to the Opposite Party for filing its version. A 3-Judge Bench […]Read more "The Plea of Limitation V: Written Statements, District Consumer Forums"
May 2, 2012: Once evidence stands concluded and arguments on merit are heard, then keeping in view the ends of justice, it is incumbent upon the District Consumer Forums to issue notice of an Application, for Withdrawal of the Complaint, to the Opposite Party, before passing any order thereon. British Airways v. Anish Setia, First Appeal […]Read more "Withdrawal of Consumer Complaints"
Consumer Tribunals are creatures of a statute and derive their power from the express provisions of that statute. It is now settled law that District Consumer Forums and State Commissions have no power to recall or review their own orders [See, (2011) 9 SCC 541]. There is no provision in the Consumer Protection Act, 1986 […]Read more "Powers of Review of the NCDRC"