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Showing posts with the label Consumer Protection Act 1986

Whether Revision Petition is Maintainable before NCDRC against an Order passed by State Commission in an Execution Proceeding [SC JUDGMENT]

The Consumer Protection Act, 1986 - Section 21 (b) - a Revision Petition is not maintainable against the Order passed by the State Commission in an appeal arising out of execution proceedings.

One-sided Clauses in an Agreement constitutes an Unfair Trade Practice [SC JUDGMENT]

The Consumer Protection Act, 1986 - Sections 2 (r), 23 - ‘unfair trade practices’ - A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder.

Consumer Law - Default Committed by Society - Whether Imprisonment can be Ordered against Secretary [SC JUDGMENT]

Consumer Protection Act, 1986 - S. 27 - Penalties - For the default committed by the society no order for imprisonment can be ordered against the secretary.

Consumer Fora should not adopt Hyper Technical Approach while considering Amendment Application [Case Law]

Consumer Protection Act, 1986 -  Rule 14(1)(b) - Civil P.C. 1908 -  O. 1 R. 10(4) -  Merely because the, plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded.  

Whether Intending Purchaser of Flat can file Consumer Complaint against Developer / Builder [Case Law]

Consumer Protection Act, 1986 -  S. 17 - D ispute of housing construction -  I ntending purchaser against the developer / builder -  allegation of deficiency in service.

LIC could not be asked to make Payment of Claim under the Policy, if the same was lying in a Lapsed Condition at the time of Death of the Policy-Holder [Case Law]

Consumer Protection Act, 1986 -  S. 21(b) - Revision Petition - Life Insurance - LIC could not be asked to make payment of claim under the policy, if the same was lying in a lapsed condition at the time of death of the policy-holder. 

Whether Cases pending before Consumer Forum can be Transferred to any other Consumer Forum ? [Case Law]

Code of Civil Procedure, 1908 -  Section 24 -  Consumer Protection Act, 1986 - Section 17A - Transfer of cases -  General power of transfer and withdrawal -  There are no provisions engrafted in the Consumer Protection Act, 1986 which makes Section 24 of the CPC applicable in the matter of transfer of cases arising under the Consumer Protection Act, 1986