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NCDRC/SCDRC

Not following Government Guidelines issued by Health Department would constitute Medical Negligence: NCDRC

September 26, 2023 651 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC) allowed the Revision Petition on the basis of ‘medical negligence’ as the Government Guidelines issued by Ministry of Health pertaining to Swine Flu was not followed properly which have resulted into death of the patient.

NCDRC Excludes Livelihood Purpose from ‘Commercial Purpose’ Scope

August 18, 2023 1005 Views 0 comment Print

In present facts of the case, it was observed that ‘the purposes of earning livelihood by means of self-employment’, has been excluded from the purview of ‘commercial purpose’ as such purchase of commercial goods for earning livelihood by means of self-employment, will not exclude such a buyer from the purview of the “consumer”.

Benefit of ambiguity or doubt would go to Consumer under Consumer Protection Act: NCDRC

August 17, 2023 1230 Views 0 comment Print

In present facts of the case, it was held by the National Commission that Consumer Protection Act being a beneficial legislation, benefit of ambiguity/doubt needs to go to the Consumer.

Auction purchaser could not be held to be a ‘consumer’ under Consumer Protection Act

August 12, 2023 5175 Views 0 comment Print

In present facts of the case, while relying upon the Judgment of Supreme Court it was held that auction purchaser could not be held to be a ‘consumer’ and the lower for a do not have Jurisdiction to entertain issues pertaining to auction.

Neeraj Chowdhary Vs BPTP Ltd.: Consumer Victory in Property Dispute

August 11, 2023 2733 Views 0 comment Print

Neeraj Chowdhary Vs BPTP Ltd. (NCDRC Delhi) In a significant ruling, the National Consumer Disputes Redressal Commission, Delhi, has delivered a judgment in the case of Neeraj Chowdhary Vs BPTP Ltd., bringing relief to a group of home buyers who had been grappling with delays and uncertainties in the completion of their residential project. The […]

Consumer Not Liable for Bank’s Negligence in Unauthorized Transactions

August 11, 2023 2130 Views 0 comment Print

In present facts of the case, the National Commission while relying upon the RBI Circular dated July 6, 2017 observed that there will be zero liability of a customer where the unauthorized transaction occurs in events involving contributory negligence on the part of the Bank and have accordingly allowed the Petition.

Consumer Protection Act: Prioritizing Consumer Welfare Over Technicalities

August 11, 2023 1194 Views 0 comment Print

In present facts of the case, it was observed that Consumer Protection Act is a beneficial legislation, in case of any ambiguity, the clauses must be read in favour of consumer. The hyper technicalities cannot create obstacles for the Consumer.

Discontinuation of Housing Scheme Doesn’t Disentitle Consumers’ Right to Claim Initial Allotment

August 10, 2023 924 Views 0 comment Print

In present facts of the case, it was observed that discontinuance of housing scheme would not disentitle the right of the Consumer to make claim on the project which was allotted initially.

Revisional Jurisdiction cannot be invoked to reassess & reappreciate evidence on record: NCDRC

August 10, 2023 2967 Views 0 comment Print

In present facts of the case, it was held that the power of National Commission to review under section 21 of the Act is limited to cases where some prima facie error appears in the impugned order and where two interpretations of evidence are possible, concurrent findings based on evidence must be accepted and such findings cannot be substituted in revisional jurisdiction.

More beneficial clause under Insurance Policy shall be operational for Consumer: NCDRC

August 10, 2023 732 Views 0 comment Print

In present facts of the case, it was held that the Consumer was entitled to get his claim covered under the sub clause of the Insurance Policy which provides him a higher benefit.

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