2 Consumer Protection Act

Consumer Protection Act - Page 3

Remedy available to home buyers in Consumer Protection & RERA Act in case of delayed possession

Experion Developers Pvt. Ltd. Vs Sushma Ashok Shiroor (Supreme Court of India)

Where there was delay in handing over possession to homebuyers, there was remedy available to the Consumer under Consumer Protection Act and Real Estate Regular Act which run parallel side by side. Moreover, one sided clauses in Agreement amounted to unfair trade practice and could not govern the refund mechanism therefore, refund was all...

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PepsiCo Case: Different MRPs cannot Be Fixed for Same Product

PepsiCo India Holdings Pvt. Ltd. Vs Adithya Banavar (Karnataka State Consumer Disputes Redressal Commission)

PepsiCo India Holdings Pvt. Ltd. Vs Adithya Banavar (Karnataka State Consumer Disputes Redressal Commission) The Brief facts are: Complainants went to Mantri Mall and purchased one litre water bottle of Aquafina, a 330 ml Pepsi Tin and 350 ml bottle of Nimbooz, which costs them at the rate of Rs.20, Rs.50/- and Rs.50/-, respectively in [&...

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Analysis of Consumer Protection (Direct Selling) Rules, 2021

Direct Selling is also known as Multi Level Marketing. Government of India has passed Rules for Direct Selling Business dated 28th December, 2021. This Rule is called as the Consumer Protection (Direct Selling) Rules, 2021. Now most of the Direct Selling Entity or Direct Seller thinks that Direct Selling Business has been banned in India....

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Posted Under: Income Tax |

Consumer Dispute Resolution through Mediation under Consumer Protection Act, 2019

As you are aware that the Consumer Protection Act, 1986 is serving consumer fraternity since last three decades. This act has been promulgated to protect the interest of consumers from Unfair Trade Practices and fraudulent trade practices adopted by market players....

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Posted Under: Income Tax |

Consumer u/s 2(1)(d) covers only services availed exclusively for the purposes of earning the livelihood by means of self-employment

Shrikant G. Mantri Vs Punjab National Bank (Supreme Court of India)

It could thus be seen, that when a person avails a service for a commercial purpose, to come within the meaning of ‘consumer’ as defined in the said Act, he will have to establish that the services were availed exclusively for the purposes of earning his livelihood by means of self-employment. There cannot be any straitjacket formula ...

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Govt withdraws Direct Selling Guidelines, 2016

Notification No. G.S.R. 37(E) 21/01/2022

Central Government, having regard to the publication of the Consumer Protection (Direct Selling) Rules, 2021 withdraws the Direct Selling Guidelines, 2016 of the Government of India in the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs). MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION...

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Courts Cannot Relax Terms of Insurance Policy- NCDRF

Dharmanandan Diamonds Pvt. Ltd.  Vs. Senior Divisional Manager, New India Assurance Co. Ltd. (National Consumer Disputes Redressal Commission, New Delhi)

As you know that warranties in an insurance policy is some terms and conditions , the fulfilment of those are necessary to bind both parties on contract of insurance. It is utmost important to follow and fulfil warranty and any breach of warranty may lead to termination or avoidance of contract by he insurance company....

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Direct selling companies not banned & CS have an important role to play

Direct selling companies are not banned and the Company Secretaries (CS) are ready to hold the new responsibility entrusted to upon them by the central government. We are well aware that with the changing business environment direct selling businesses were awaiting some reform in their supervision environment so that they can well protect...

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Posted Under: Income Tax |

Centre notifies rules for Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021

G.S.R. 912(E) 30/12/2021

Centre notifies rules for Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 The revised pecuniary jurisdiction for entertaining consumer complaints shall be upto – 1) 50 lakh for District Commissions, 2) More than ₹50 lakh to ₹2 Crore for State Commissions...

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As per Consumer Protection Act losing a case on merit cannot be termed as deficiency in service by advocate: SC

As per Consumer Protection Act losing a case on merit could not be termed as deficiency in service by the advocate: Supreme Court Hon’ble Supreme Court in Nandlal Lohariya v. Jagdish Chand Purohit and Ors. [S.L.P. (C) Diary No. 24842 of 2020, decided on November 8, 2021] held that in each and every case where […]...

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Posted Under: Income Tax |

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