Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission u/s 21(b) of the Act is akin to revisional jurisdiction conferred under CPC...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission - NCDRC can interfere with order of State Commission if it finds that State Commission has exercised jurisdiction not vested in it by law or has failed to exercise its jurisdiction so vested or acted in exercise of its jurisdiction illegally or with material irregularity...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission - Order of NCDRC does not show that any of parameters contemplated u/s 21 of the Act were satisfied to exercise its revisional jurisdiction to set aside order passed by State Commission - Even, NCDRC has exercised jurisdiction examining the question of fact again as a Court of..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - If a person buys goods for commercial purpose or avails services for commercial purpose, though ordinarily he would have been out of ambit of term `consumer' by virtue of Explanation, which is common to both Ss.2(1)(d)(i) and 2(1)(d)(ii) of the Act - However, he would still come within ambit of term `consumer',..........
Consumer Protection Act, 1986, Section 2(1)(e) -- Consumer Dispute - Act provides for `business-to-consumer' disputes and not `business-to-business' disputes...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Appellant had opened an account with respondent Bank, took overdraft facility to expand his business profits - Relations between appellant and respondent is purely `business to business' relationship - Transactions will clearly come within ambit of `commercial purpose' - It cannot be said that services were..........
Consumer Protection Act, 1986, Section 2(c) -- Complaint - Cannot be returned unadjudicated with liberty to file fresh complaint as complaint can be filed within period of limitation and once period of limitation expires, complainant cannot file second complaint...........
Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Striking of surveyor from array of parties - Would not make complaint disjoined as it is duty of NCDRC to strike of unnecessary party...........
Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Impleadment of a necessary party - Appellant made allegations against Surveyor and loss assessor - Therefore, opportunity be given to such person to rebut the allegations - Surveyor and loss assessor is in fact a necessary party - However, it is upon Surveyor to appear or not to appear before NCDRC - Order..........
Consumer Protection Act, 1986, Section 11, Telegraph Act, 1885, Section 7B -- Jurisdiction of Consumer Forum - Dispute between Telecom company and consumer - Existence of an arbitral remedy will not oust jurisdiction of consumer forum - District Forum thus, has jurisdiction to entertain and try consumer complaint regarding dispute between Telecom company and consumer...........
