Consumer Protection Act - CUTS International

1 Consumer Protection Actand the supreme CourtConsumer Protection Actand the supreme CourtPublished byConsumer Unity & Trust SocietyD-217, Bhaskar Marg, Bani ParkJaipur 302 016, IndiaEmail: byPradeep S. Mehta*Citation: CUTS (2007) Consumer Protection Act and the supreme CourtCUTS, JaipurCover PhotoCourtesy byJaipur Printers P. Ltd., Jaipur 302 001 ISBN 978-81-8257-088-7 CUTS International , 2007 First Edition, 1999 Second Edition, 2007* Secretary General, CUTS International #0710 SUGGESTED CONTRIBUTION $15 ContentsFOREWORD .. iPREFACE .. iiiINTRODUCTION .. CONSTRUCTION BY STATUTORY BODY IS SERVICE UNDER COPRA AND THEIR EMPLOYEESPERSONALLY RESPONSIBLE FOR HARASSMENTTO ALLOTTERS .. THE PROVISIONS OF THE LIMITATION ACT,1963 ARE APPLICABLE TO THE PROCEEDINGS UNDERTHE COPRA?

2 PRACTISING ALLOPATHY COMMITSQUACKERY, HENCE LIABLE FOR NEGLIGENCE .. ALREADY SUB-JUDICE BEFORE CIVIL COURTNOT MAINTAINABLE IN Consumer FORAS .. HAS A RIGHT TO SEEK REDRESSALAGAINST UNFAIR TRADE PRACTICE UNDER COPRA .. THE COMPLIANANT ON FINDING THE GOODSDEFECTIVE HAS THE RIGHT TO SEEK REDRESSALUNDER THE COPRA .. COPRA A PURCHASER BUYING GOODS FOR HISLIVELIHOOD IS A Consumer DESPITE COMMERCIALUSE OF THOSE GOODS .. PRESENTING DOCUMENT FOR REGISTRATION,ALTHOUGH PAYING STAMP DUTY, IS NOT A Consumer .. AND LIMITED LIABILITY IN COURIERCONTRACT .. 1610. TRANSACTIONS OF SALE & PURCHASE SIMPLICITERNOT MAINTAINABLE .. 1811. LIMITATION STARTS FROM THE DATE THEORDER IS RECEIVED .. 2012. INTEREST NOT PAYABLE IF SUCH PROVISIONEXISTED IN CONTRACT .. 2213. DEFAULT IN PAYMENT OF LOAN AMOUNT BY BANK ISDEFICIENCY IN SERVICE.

3 2414. MERE ISSUING CHEQUES SHOULD NOT RESULT INTOAUTOMATIC RENEWAL OF INSURANCE POLICY? .. 2615. WHETHER INSURANCE POLICY PROVIDES A RIGHT TOSUE FOR LOSS? DOES IT MAKE HIM A Consumer ? .. 2816. FOR ANY CLAIM PRIVITY OF CONTRACT IS ESSENTIAL .. 3017. NATIONAL COMMISSION HAS NO JURISDICTION TOENTERTAIN CLAIM AND AWARD COMPENSATION INRESPECT OF MOTOR VEHICLE ACCIDENT .. 3218. BANK NOT LIABLE TO COMPENSATE WHEN ILLEGAL& UNRULY STRIKING EMPLOYEES FORCE BANK NOTTO WORK .. 3419. TRANSFER OF MOTOR INSURANCE ALONGWITH VEHICLE! .. 3620. TRANSFER OF MOTOR VEHICLE ALONGWITHINSURANCE WITHOUT PROVIDING INTIMATION INA PRESCRIBED FORMAT .. 3821. THE VEHICLE INSURED AS PER THE TERMS ANDCONDITIONS OF THE MOTOR VEHICLE ACT 1988, SHOULDNOT CARRY THE HIGHLY INFLAMMABLE SUBSTANCE.

4 4022. WHETHER THE INSURANCE COMPANY IS LIABLE TO PAY THECOMPENSATION, IF THE INTIMATION OF THE TRANSFEROF THE VEHICLE WAS PROVIDED TO THE INSURANCECOMPANY, THOUGH NOT IN THE PRESCRIBED FORM .. 4223. WHETHER THE INSURANCE COMPANY IS LIABLE TO PAYTHE COMPENSATION TO THE APPELLANT WHEN AT THETIME OF THE ACCIDENT THE VEHICLE WAS DRIVEN BYSOME OTHER PERSON THEN THE OWNER? .. 4424. IN WHAT CIRCUMSTANCES AND CASES MEDICALSERVICE RENDERED ON PAYMENT ALSO COVER FREESERVICE IN GOVERNMENT & NON-GOVERNMENTMEDICAL INSTITUTIONS .. 4625. WITHOUT DISCUSSION ON MERIT AND CONSIDERATIONOF QUESTION OF LAW SUMMARY DISMISSAL OFPETITION BY NATIONAL COMMISSION IS IMPROPER .. 4926. BOTH THE AILING MINOR CHILD AND HIS PARENTSARE ENTITLED TO COMPENSATION .. 5127. LIC AGENTS HAVE NO AUTHORITY TO RECEIVEINSURANCE PREMIUM ON BEHALF OF LIC.

5 5428. WHILE DECIDING A MATTER AFFECTING PUBLICINTEREST ARBITRATOR MUST GIVE REASONS .. 5729. INSURER BECOMES LIABLE TO INDEMNIFY THIRDPARTIES FOR THE RISK COVERED BY POLICY ISSUEDBY COMPETENT AUTHORITY WITHOUT RECEIPTOF PREMIUM .. 5930. MAKING SUPPLEMENTARY DEMAND FOR ESCAPEDBILLING BY ELECTRICITY BOARD IS NO DEFICIENCYIN SERVICE UNDER COPRA .. 6131. IN A CASE OF SELF EMPLOYMENT UNDER COPRACOMPLAINANT INCLUDES HIS FAMILY MEMBERS -AND THE FACTS OF EMPLOYMENT & WORKING OFLABOUR ETC. A MATTER OF EVIDENCE .. 6332. PROSPECTIVE INVESTORS ARE NOT CONSUMERS & Consumer FORUM HAS NO POWER TO GRANTANY INTERIM RELIEF .. 6533. NATIONAL COMMISSION HAS THE JURISDICTION TOADJUDICATE THE RIVAL CLAIMS OF THE PARTIESWHERE PLURALITY OF PERSONS CLAIM THE SAMERELIEF, SIMULTANEOUSLY DISPUTING EACH OTHER SRIGHT TO CLAIM THE SAID RELIEF.

6 6734. THERE IS NO DEFICIENCY IN SERVICE ON THE PART OFINSURANCE COMPANY WHEN IT DOES NOT HONOURTHE CLAIM FOR THE INSURED CONSIGNMENT LOSTDUE TO WAR .. 7035. WHETHER THE APPELLANT IS JUSTIFIED IN DEMANDINGEXTRA AMOUNT AFTER THE RECEIPT OF FULL PAYMENTAS PRICE OF THE CAR? .. 7136. WHETHER THE COMPENSATION SHOULD BE DEDUCTEDIN CASE OF THE USE OF THE VEHICLE DURING THEDISPUTED PERIOD OF TIME? .. 7337. WHETHER ANY PERSON GETTING THE BENEFITS OFWATER SUPPLY FROM THE LOCAL BODY JAL SANSTHANOR ANY NIGAM, BE A Consumer ? .. 7538. WHETHER THE INSURER COMPANY HAS LIABILITYWHEN THE POLICY WAS RENEWED AFTER 35 MINUTESOF THE ACCIDENT OCCURRED? .. 7739. WHETHER THE APPELLANT SHOULD BE PAID AN A MOUNTON EX-GRATIA BASIS AFTER THE LAPSE OF POLICY? .. 7940. THE ORDER OF THE STATE COMMISSION SETTINGASIDE ITS OWN EX-PARTE ORDER WAS ONE WITHOUTJURISDICTION.

7 8141. WHETHER THE STANDARDS OF WEIGHTS AND MEASURESRULES 1977 EXCLUDED THE DEALER FROM AFFIXING THEPRICE ON THE PACKAGE OF THE FILM ROLL? .. 8342. WHETHER APPELLANT ON NOT CREDITED FOR ALONG PERIOD IS ENTITLED TO HIGHER INTEREST? .. 8443. BY DISCLOSING THE FACT THAT THE PATIENT IS HIV-POSITIVE, THE MEDICAL OFFICER DOES NOT VIOLATETHE RULE OF CONFIDENTIALITY .. 86 List of Development Authority vs M K Gupta[1986-1995 Consumer 278 (NS)] .. B Martins and Others vs Mafaida Maria Teresa Rodrigues(Civil Appeal No. 7593 of 1995) .. Verma vs Ashwin Patel and Others[1986-1996 Consumer 2250 (NS)] .. , Jabalpur Tractors vs Sedmal Jainarain and Others[1986-1996 Consumer , 2432 (NS)] .. Prakash vs Assistant Engineer, Haryana AgroIndustries Corporation Ltd. and Others[1986-1995 Consumer 1042 (NS)].

8 Ltd. vs Jagdish Lal and Others(Civil Appeal No. 2710 of 1999) .. Engineering Works vs P S G Industrial Institute[1986-1995 Consumer 1553 (NS)] .. P Goel vs Collector of Stamps, Delhi[1986-1996 Consumer (NS)] .. Knitting Co vs DHL Worldwide ExpressCourier, Division of Airfreight Ltd.[1986-1996 Consumer 2428 (NS)] .. Water Supply & Sewage Board vs Udaipur CementWorks [1986-1996 Consumer 2838 (NS)] .. Board Haryana vs Housing Board Colony WelfareAssociation [1986-1996 Consumer 3253 (NS)] .. Urban Development Authority vs Smt Nalini Agarwal[1997 (1) CCC 265 (NS)] .. Saidharan vs Branch Manger, Syndicate Bank[1997 (1) CCC 97 (NS)] .. Kumar Jain vs Citibank and Others(Civil Appeal No. 6618 of 1995) .. India Assurance Co Ltd vs B N Sainani[1997 (2) CCC 386 (NS)].

9 Oil Corporation vs Consumer Protection Council, Keralaand Others [1986-1995 Consumer 701 (ND)] .. Chairman, Thiruvalluvar Transport Corporation vsConsumer Protection Council, Tamil Nadu[1986-1995 Consumer 1541 (NS)] .. Unity & Trust Society (CUTS), Jaipur vs TheChairman and Managing Director, Bank of Baroda, Calcutta[1986-1995 Consumer 1546 (NS)] .. Insulations (P) Ltd. vs New India Assurance Co Ltd[1986-1996 Consumer 2839 (NS)] .. Govindam vs New India Insurance Co. Ltd.(Civil Appeal No. 1816 of 1982) .. Insurance Co. Ltd. vs Sony Cheriyan(Civil Appeal No. 4913 of 1997) .. New India Insurance Co. Ltd. vs Sheela Rani and Others(Civil Appeal No. 5525 of 1995) .. Insurance Company Ltd. vs Santro Devi and Others(Civil Appeal no. 7749 of 1997) .. Medical Association vs V P Shantha and Others[1986-1995 Consumer 1569 (NS)].

10 Hybrid Seeds Co. Ltd. vs Alavalapati ChandraReddy and Others[1988 (2) CCC 5 (NS)] .. Meadows Hospital and Others vs Harjot Ahluwaliathrough K S Ahluwalia[1998 (1) CCC 23 (NS)] .. J Shah and Others vs LIC of India and Others[CPJ September 97 Part I Vol. III] .. L Jaggi vs Mahanagar Telephones Nigam Ltd. and Others[1997 (2) CCC 471 (NS)] .. Insurance Co. Ltd. vs Inderjeet Kaur and Others[1997 (2) CCC 478 (NS)] .. Swastic Industries Maharashtra Electricity Board[1997 (1) CCC 1 (NS)] .. Engineering Services vs Rajan Singh[1997 (1) CCC 88 (NS)] .. Stanley Mutual Fund vs Kartick Das[1986-1995 Consumer 609] .. Executive Officer and Vice Chairman, Gujarat MaritimeBoard vs Haji Daud Haji Harun Abu and Others[1998 (1) CCC 107 (NS)] .. Naraindas and Others vs Oriental Insurance Co.