Tribunals/Commissions/Regulatory Bodies Archives | Page 7 of 90

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBC| NCLAT deems CoC’s rejection of Section 12A proposal unjustified; orders remittance of deposited amount for creditor distribution

Section 12A was introduced in the Insolvency and Bankruptcy Code, 2016, allowing the withdrawal of CIRP with the approval of 90% voting share of the CoC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Air India to compensate flyer for re-routing his Jodhpur bound flight without any prior information

The complainant had booked a flight from Chennai to Jodhpur via Mumbai; however, his flight from Chennai to Mumbai was re-routed via Hyderabad without any prior information from the airlines.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Demand of service tax u/s 73-A of Finance Act, 1994 incorrect when broadcaster’s service tax is collected and not retained: CESTAT reiterates

“With coming into force of interest provisions, the revenue neutrality concept has undergone a change, so as to consider duty neutrality different from revenue (Duty+interest) neutrality. Latter at time may not exist, even if former is present.”

District Consumer Disputes Redressal Commission

Tribunals/Commissions/Regulatory Bodies

Not providing free drinking water facility thereby compelling patrons to buy packaged mineral water; DCDRC finds Foresta Café liable for unfair trade practices

The Commission stated that restaurants and cafes have a moral and legal obligation to provide free drinking water to their patrons, and failure to do so constitutes deficiency in services.

Tribunals/Commissions/Regulatory Bodies

Securities Appellate Tribunal directs restitution of shares pledged in favour of Axis Bank, ICICI Bank, Bajaj Finance, HDFC Bank and IndusInd Bank

The appropriate process was not done and like a highway robber NSDL through illegal directions from SEBI transferred the pledged shares which were fungible, to the clients of Karvy which action was without any authority of law.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Arsenic and Fluoride in Groundwater| NGT directs various States, CGWB and MoEF&CC for urgent protective steps; rebukes CGWB for shirking away from its statutory responsibility

Arsenic has been detected in ground water in parts of 230 Districts and 25 States and fluoride in 469 Districts and 27 States.

Karan Thapar Bitcoin Facebook Meta Get Rich Quick

Case Briefs Tribunals/Commissions/Regulatory Bodies

GAC directs Facebook (Meta) to immediately remove Karan Thapar’s purported interview promoting get-rich-quick schemes and bitcoin platforms

GAC directed Meta to deal with the complaints/appeals received after applying due diligence and act promptly on the Committee’s directives and confirm the action taken to the Committee.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Manufacturers failing to provide spare parts required for product’s proper functioning in its anticipated lifespan, constitutes unfair trade practice: DCDRC

Holding Samsung India liable for deficiency in service, DCDRC stated that often companies fail to provide spare parts required for a product’s proper functioning, thereby eventually compelling consumers to discard still-functional products.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CM Anna Bhagya Scheme | NHRC directs road repairs in MM Hills villages for food grain delivery

NHRC promptly intervened, directing repairs for crucial roads, pivotal for tribal families’ access to essential food grains under the Anna Bhagya Scheme in Male Mahadeshwara Hills, Karnataka, securing their well-being and safety.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC holds hotel liable for deficiency in service for carelessness and negligence which resulted in a car being stolen from its valet parking

“Despite having CCTVs installed and full proof of inward and outward register, the car was stolen from the premises of hotel itself is a proven incident of carelessness and negligence on part of the hotel staff”.

Abu Dhabi ports company Delanord Investments acquisition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI approves acquisition of shareholding in Delanord Investments by Abu Dhabi Ports Company

The Commission stated that the precise delineation of relevant markets can be left open as irrespective of the delineation, the Proposed Combination will not cause any appreciable adverse effect on competition in India.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Securities Appellate Tribunal directs SEBI to pay 5 lakhs for its lackadaisical approach in defreezing of shares

The present case speaks volumes of the functioning of SEBI in reacting to matters at the last moment.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation Period | NCDRC dismisses home buyers’ complaints due to delay

NCDRC also highlighted that the housing society which the complainants were members of was not arrayed as a party in the instant matter.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Why DCDRC found Cloud Nine Hospital to be guilty of severe deficiency in service while conducting a Code Pink Mock Drill for infant abduction?

DCDRC was of the view that the manner of conducting the mock drill by the hospital was not only a severe deficiency in service but also as an extreme type of unfair trade practice.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC finds hotel liable for causing mental agony to a customer who was sold Biryani Rice at the price of Chicken Biryani

The complainant had ordered a parcel of Chicken Biryani and paid for the same, however, when he reached home and opened the parcel, it was just Biryani Rice.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Unscrupulous coaching institutes should not have the right to retain fees of students who leave course midway due to dissatisfaction with the services”: DCDRC

VLCC failed to deliver on their promise by not conducting the courses as per the agreed terms. Furthermore, their suggestion to adjust the course fees against the enrolment of a relative was found to be unfair and contrary to consumer protection principles by DCDRC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Proceedings before DCDRC must be mandatorily decided in presence of its President and not just the Members: SCDRC

Uttarakhand SCDRC sets aside the impugned order of DCDRC passed in a consumer complaint as its President was not part of the proceedings, thereby disregarding the mandate in S. 36 of Consumer Protection Act, 2019.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC reiterates importance of consumer’s right to legible and durable receipts; Poorly printed receipts may amount to deficiency of service

The District Consumer Commission observed that issuance of poorly printed bills to consumers may constitute ‘deficiency of service’ and an ‘unfair trade practice’ as per directives issued by Kerala State Department of Consumer Affairs.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Pollution from stubble burning a serious issue arising every year”; NGT directs Punjab and Haryana to prepare action plan for 2024

“The preparation of a comprehensive plan and remedial action for controlling this problem in 2024, needs to start now, including preventive steps.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Speed post sender is a consumer under Consumer Protection Act; Postal Dept. cannot escape liability by virtue of S 6 of Indian Post Office Act, 1898, SCDRC reiterates

State Commission relying on NCDRC precedents, upheld District Consumer Commission’s decision to hold the Postal Department liable for delayed delivery of a speed post by 19 days which resulted the complainant’s son to miss his chance to get admission in JNU.