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 12, Civil Procedure Code, 1908, Order 41, Rule 27 -- Consumer dispute - Additional evidence at appellate stage - Documents came into existence after filing of appeal before State Commission - Documents are relevant to establish the case of appellants - In absence of these documents, appellants would not be in a position to..........
Consumer Protection Act, 1986, Section 27 -- Penalty - Default committed by Society - Order of imprisonment cannot be passed against Secretary of Society for the default committed by Society in the absence of personal liability imposed on Secretary...........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - When decree is silent as to reckoning date of conversion of foreign currency into Indian rupees, it would first take place in accordance with contractual provision and thereafter if such explicit determination is not..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - There is specific clause in the agreement executed between parties i.e clause 17 which deals with rate of exchange - Insurer was required to pay insurance claim in accordance with said Clause which says that currency..........
Consumer Protection Act, 1986, Section 21, 27 -- Order of Consumer Forum/fora - Writ Petition - Maintainability - Writ petition against the order/orders of consumer fora, is not maintainable before High Court...........
Consumer Protection Act, 1986, Section 13, 27, Civil Procedure Code, 1908, Order 21, Rule 32, Criminal Procedure Code, 1973, Section 251, 262 -- Non compliance of order of District Forum - District Forum to execute the decree and take penal action against the respondents by following the procedure u/s 262 r/w Chapter XX and S.251 of the Code of Criminal Procedure in..........
Consumer Protection Act, 1986, Section 27 -- Housing society - Refund of amount - Respondent No.2 was chief promoter of appellant society who received necessary amount from complainant - Neither apartment was allotted nor amount refunded to complainant - Held, responsibility to refund amount primarily lies on respondent No.2 and in event of his failure on appellant..........
Criminal Procedure Code, 1973, Section 482, Consumer Protection Act, 1986, Section 27, Companies Act, 1956, Section 5 -- Complaint against Director of Company alleging deficiency of service - On death of such Direction execution proceedings initiated against petitioner, daughter of Director who was also one of the Directors for non compliance of order of Consumer Forum -..........
Consumer Protection Act, 1986, Section 21(b), 25,27,27A -- Execution proceedings - Alternative remedy - Revision maintainability - Impugned order of the State Commission has been passed in the execution proceedings u/s 25 and 27 of the Act - An appeal lies against the impugned order u/s 27A of the Act - When an equally efficacious remedy has been provided by way of an..........
