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..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Consumer Protection Act, 1986, Section 19(1), 17(1)(a) - - Appeal against order of State Commission - National Commission admitted appeal and granted interim stay subject to payment of 50% of award given by State Commission - Validity - Held, a pre-deposit condition to deposit 50% of amount in terms of order of State Commission or Rs.35,000/-, whichever is less, being..........
Consumer Protection Act, 1986, Section 2, Article 19(1)(a), 21, 25, Rule 97, 32, 42 - - Food products, cosmetics and drugs, for human consumption, whether vegetarian or non vegetarian origin - Consumer has no fundamental right to know - Interim directions issued by High Court till requisite amendments are carried out by holding that consumer has such a fundamental right,..........
Consumer Protection Act, 1986, Section 17(2) -- Territorial jurisdiction - Cause of action - Complainant in his evidence had clearly asserted that he went to the office of -'B-' OP No. 5, first to collect the commercial invoice and subsequently to submit the same but after its verification he was advised by respondent/OP No. 5 to go to Mumbai - The State Commission has..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Consumer Protection Act, 1986, Section 13(3B), Electricity Act, 2003, Section 145 -- Electricity supply - Electricity charges - Nonpayment - Electricity disconnection - Interim order - Interim order by District Forum in an application u/s 13(3B) of the Act for resumption of electric connection in favour of the complainant subject to payment 1/3rd of the assessed amount -..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Ad interim order - For restoration of electric connection - Order passed on the day of admission of the complaint itself when there was only order for SR and the OPs were neither present nor available and were not heard either prior to the consideration and issue of the impugned order - Impugned order held not sustainable..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 126 -- Electricity disconnection - Interim order by State Commission for restoration of connection - Remedy of appeal before the appropriate authority under the Electricity Act available - Impugned order being violative of the statute as under the Electricity Act read with WBERC Regulation, 2007..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Advocate - Legal services - Deficiency in service - In civil suit filed by respondent on instructions of petitioner Court passed interim orders - Respondent had been appearing on each and every date of hearing - It cannot be held that there was any deficiency in service on the part of the respondent - Findings recorded by..........
