Consumer Protection Act, 1986, Section 27, Insolvency and Bankruptcy Code, 2016, Section 96 -- Stay of execution of penalty orders - Interim moratorium - Penalties imposed by NCDRC arise due to non-compliance with consumer protection laws and serve a regulatory function rather than constituting "debt recovery proceedings - Moratorium u/s 96 of IBC does not extend to..........
Consumer Protection Act, 1986, Section 23 -- Life insurance - Repudiation - Suppression of material fact - Deceased concealed material information regarding his chronic alcoholism and liver disease while subscribing to the policy - Hospitalization and subsequent death resulted from a self afflicted condition due to alcohol misuse which falls squarely within the policy's..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Transaction of obtaining a project loan by respondent have a close nexus with a profit generating activity and the dominant purpose for getting the loan was to generate profits upon successful post production of movie - Respondent cannot be said to be a consumer...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Limitation - Allotment of flat - Limitation is not meant to defeat a substantive right - Efforts, in earnestness, to secure possession of flats cannot be discounted in order to compute the applicable limitation...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Limitation - Allotment of flat - Specific talks/parlays were ongoing inter se the parties and only when escrow expressed helplessness that complaint was filed - Considering consistent efforts back and forth, inter se parties, with regard to implementation of terms of contract, there was no question of..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure of other insurance policies - Father of appellant had disclosed one other life insurance policy availed by him at the time of filing the proposal form, but failed to disclose other similar policies - Policy in question is not a Mediclaim policy, it is a life insurance cover and the..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - Truck damaged by fire on 08.06.2014 - Truck registered in the State of Bihar and caught fire on account of short circuit in the State of Bihar itself - There was a valid National Permit in existence on the date when truck caught fire - Authorisation fee was required to be paid..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Cancellation by buyer - Forfeiture of advance money - To justify forfeiture of advance money being part of earnest money terms of contract should be clear and explicit - However, if payment is made only towards part payment of consideration and not intended as earnest money then forfeiture clause..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Contractual terms which are ex facie one sided, unfair and unreasonable would constitute unfair trade practice...........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - One sided Agreements would be covered by definition of term `unfair trade practice'...........
