“This appeal is directed against the Final Judgment and Order dated 01.09.2009 passed by The National Consumer Disputes Redressal Commission in First Appeal No. 93 of 2004 whereby the National Commission allowed the appeal and set aside the Order dated 19.01.2004 of The State Commission, West Bengal, Kolkata. A surgeon cannot and does not guarantee […]Read more "Medical Negligence and Consumer Law I"
I was born on a 5th February. This is my Article No. 502. This blog was born on 21st December, 2014. Hon’ble Justice R.F. Nariman in The Sabarimala Temple Case, before answering the question posed, thought it is necessary to cover the ground that has been covered by previous decisions of the SC on the […]Read more "Article No. 502: The Revival of Ray VII"
Friendships & Rivalries, Losses & Victories never have an end – only a beginning. Spectacular Judges of the Supreme Court have hoped for an impactful conclusion. The irreversibly powerful ones have known more. There is never a last word. Life travels with the surety of a pendulum clock, tick tock. We remember: in Puttaswamy, [Writ Petition […]Read more "The Last Word"
“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"