Showing : 21-30 of 121 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Flat purchase agreement - Delay in delivery of possession - National Commission can award just compensation and is not constrained by terms of agreement when agreement is one sided and does not provide sufficient recompense to flat purchasers as agreement provided compensation of Rs.3 per sq. ft..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Flat purchase agreement - Delay in delivery of possession - Mere fact that flat purchasers moved National Commission in a representative capacity for redressal of their grievances is no justification to deny them possession in accordance with terms of agreement...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Medical negligence - Death of patient - Compensation - Finding of Medical Council of India is on record that while treatment was administered to patient, she did not receive timely treatment - In failing to provide medical treatment in accordance with medical guidelines, respondents failed to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Medical negligence - Death of no, working spouse - Compensation - In computing compensation payable on death of a home maker spouse who is not employed, Court must bear in mind that contribution is significant and capable of being measured in monetary terms...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 2, 12, Arbitration and Conciliation Act, 1996, Section 8-- Consumer complaint - Arbitration agreement between parties - Dismissal of application filed u/s 8 of Arbitration Act - Order upheld - Consumer complaint can be proceeded with despite there being an arbitration agreement between the parties...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 2(1)(b)(iv), 12(1)(c), 13, Civil Procedure Code, 1908, Order 1, Rule 8-- Numerous consumers having same interest - Complaint - Where there are numerous consumers having the same interest a complaint can be filed with permission of District Forum, on behalf of, or for the benefit of all consumers so interested - It is O.1.R.8 CPC which applies for taking permission of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Commercial contracts - Compensation - Even under Consumer Protection Act, damages for commercial contracts are to be determined as per Contract Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Allotment of flat - Delay in handing over flat - Damages - Reckoning date - Complainants tried to execute agreement and sought for conveyance of property through National Consumer Commission - Even in first appeal, offers were being made on behalf of appellants to convey..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Allotment of flat - Delay in handing over flat - Appellants transferred property to third party despite their contractual obligation towards complainants - No reasons were given for the same - Obligation was on appellant to show that he was unable to transfer property to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Contractual breach - Damages for contractual breach is generally compensatory arising out of breach - Damages awarded therefore, should not be excessive and a Court/Tribunal needs to take a balanced approach so as to ensure right compensation - Taking into consideration of..........

Showing : 21-30 of 121 Results