Consumer Protection Act,1986, -- Real Estate (Regulation and Development) Act, 2016 - Consumer Protection Act and RERA Act neither exclude nor contradict each other - They are concurrent remedies operating independently and without primacy...........
Consumer Protection Act, 1986, Section 12, 2(e), 24A -- Agreement to sell - Specific performance - Limitation - Cause of action - Limitation to file consumer complaint accrues when vendor failed to execute Deed of Conveyance despite receiving notice from the vendee - Cause of action thus accrued for the purpose of complaint only after the expiry of period of notice...........
Consumer Protection Act, 1986, Section 12 -- Agreement to sell - Specific performance - Ready and willing - Nothing substantial was to be performed on the part of vendees - Rather essential part of performance was only the burden of vendor which he failed to discharge - Vendor received major part of sale consideration - Payments made to vendor included substantial amount..........
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...........
