Consumer Protection Act, 1986, Section 21(b) , 22(2) -- Review - Revision - Locus standi - The basic amount awarded by the District Forum did not carry any interest - There was no appeal filed by the petitioner before the State Commission - The applicant had no locus standi to file any revision petition before the National Commission as the order of the District Forum were..........
Consumer Protection Act, 1986, Section 22B -- Supervisory jurisdiction - National Consumer Redressal Commission - In addition to the appellate and revisional jurisdiction NCDRC is having supervisory jurisdiction under Section 24 - B over Consumer Fora - Unless there is a contrary judgment by the Apex Court, the State Commission is bound to follow the decision rendered by..........
Housing -- Earnest money - Refund - Interest - After draw of lots earnest money remained with PUDA - Refund not asked by respondents and earnest money allowed to remain with PUDA - Respondents permitted to participate in draw of lots held for second time - After remaining unsuccessful in second draw of lots also respondents moved consumer court contenting that they are..........
Consumer Protection Act, 1986, Section 11 -- Pecuniary jurisdiction - Amendment in statute - Held that amendment brought by the CP Amendment Act, 2002 was prospective in nature - Complaints which have already been filed before the State Commission and National Commission shall continue to be heard and disposed of by respective State Commissions and the National Commission..........
Consumer Protection Act, 1986, Section 21(a)(ii) -- Revision petition - Maintainability - Against the original order passed by the District Forum, no appeal filed by the petitioner/complainant before the State Commission - The State Commission's order does not modify the order passed by the District Forum - The complainant is estopped from filing revision petition before..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing - Plot - Non allotment of plot by Improvement Trust - Costs - Mismanagement, lack of transparency and high - handedness on the part of Improvement Trust - Complainant had been harassed for over 26 years for allotment of plot - Response not improved in spite of contempt petition and many interim orders passed by..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) -- Airlines - Unfair trade practice - Defective seat - Not having reclining facility - Foot rest did not work and seat belts got struck not retrieved - Complainant a senior citizen aged 72 years travelled without safety belt in non reclining seat - Malfunctioning of seat within the knowledge of OP - OP adopted unfair..........
Consumer Protection Act, 1986, Section 17 -- Review/recall of order - Jurisdiction - State Commission - Section 17 of the CP Act does not empower a State Commission to review or recall its own final order on a complaint - State commission exceeds its jurisdiction in recalling/reviewing its own order which had attained finality in view of National Commission's order...........
Consumer Protection Act, 1986, Section 2(1),(o) -- Service - Housing - Price fixation - When the advertisement was issued for the purpose of registration of intending purchasers of flats, they were clearly intimated that the price shown was merely a 'tentative price' - Again when the scheme was altered the intending purchasers were informed that the price was tentative and..........
Consumer Protection Act, 1986, Section 2(1),(g),(r),14(h),(b) -- Damages - Deficiency in service - Unfair trade practice - Credit Card - Credit card insurance benefit - Denial of - Accidental insurance benefit provided on credit card - In addition to National Insurance Company there is mention of association of HSBC with TATA AIG Insurance as well - To the consumer card..........
