2024 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — S. 34: Objections to the award: Law summarised relating to Court’s power to review awards under
NCDRC
NCDRC cannot rewrite terms & conditions of contract and apply its own subjective criteria: SC directs builder to refund deposited amount to buyer for delayed possession
Supreme Court said that once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them.
Decoding Legal Complexities: National Consumer Disputes Redressal Commission’s Landmark Ruling on Redevelopment Challenges
by Ashoo Gupta†
Cite as: 2024 SCC OnLine Blog Exp 4
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.
Tribunal RoundUp October and November 2023| Top Stories on Low Groundwater levels, Delhi’s Air Quality Index, Baap of Chart and more
A quick legal roundup to cover important stories from Tribunals, Regulatory Bodies, Commissions for the month of October and November 2023.
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.
Policy issued after inspection, objections of misrepresentation or non-disclosure cannot be raised after structure was gutted in fire: NCDRC
NCDRC concluded that the Insurance Company failed to establish any misrepresentation or non-disclosure of material facts while obtaining the insurance policy.
After surgery in 1991, woman suffering for 12 years finds nut-bolt inside body; NCDRC upholds compensation of Rs 13.77 lakhs
The opposite parties denied her admission or operation in the clinic and also refuted the removal of rusted nut and bolt by claiming that they ought to be stainless steel material for medical use.
Strong incriminating evidence required for application of Res Ipsa Loquitor doctrine; SC upholds NCDRC order denying medical negligence
“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”
NCDRC dismisses complaint for maintainability by applying doctrine of ‘Estoppel by Election’
“Intentional exercise of a choice between the alternatives bars the persons making the choice from the benefit of the one not selected on the principle of ‘estoppel by election’.”
What is the ambit of “Commercial Purpose” defined under Consumer Protection Act?: Supreme Court answers
Supreme Court, while going by the ordinary meaning of ‘commercial purpose’, said that ‘Commercial’ denotes “pertaining to commerce”. However, the Explanation clarifies that even purchases in certain situations for ‘commercial purposes’ would not take within its sweep the purchaser out of the definition of expression ‘consumer’
NCDRC directs developers to hand over possession of flat or refund sum of 1 crore to a buyer
NCDRC remarked that the argument of dissolution of joint venture agreement relieving obligations of one of the opposite parties was misconceived and could not be accepted.
Product Liability Focus on EV OEMs
by Bharat Anand†, Achint Kaur††, Mukul Aggarwal†††
Cite as: 2023 SCC OnLine Blog Exp 71
Supreme Court upholds NCDRC order denying compensation to complainant who failed to establish Engerix-B vaccine as cause for his ‘myositis’
Supreme Court said that the burden was on the appellant more particularly in a circumstance when all the family members had got administered the same vaccination from the same source and the appellant himself did not undergo any difficulty when the first two doses were administered.
NCDRC directs ICICI bank to pay 25 lakhs compensation over lost property documents
“The issue is not of fixing a value to a piece of real estate which the complainant is in possession of. Rather, it is one of compensation for the deficiency in service and of indemnifying the complaint against any future loss.”
How to distinguish between application of a decision as res judicata and precedent? Supreme Court elucidates
Although the instant matter was remanded back to NCDRC to decide on facts, the Supreme Court very well elaborated the cause of action, Doctrine of Merger, principle of Res Judicata and Precedents.
Marine Hull Insurance Policy| Insurer not liable to reimburse loss upon Insured’s failure to comply with warranty class; SC upholds NCDRC order
Supreme Court said that when the defects are not intimated, and the warranty class has not been complied with, the Classification Certificate automatically becomes invalid.
Consumer Dispute| Supreme Court explains the scope of maintainability of SLP under Art 136 against NCDRC orders
The Court explained that the power to special leave is an exceptional and overriding power, naturally it must be exercised sparingly and with caution and only in very exceptional situations. It will only be used to advance the cause of justice and its exercise will be governed by well-established principles.
NCDRC upholds Telangana SCDRC order fastening vicarious liability on hospital in medical negligence case
A consumer complaint was filed before the TSCDRC alleging deficiency of service/medical negligence on part of the staff performing surgery, seeking compensation of Rs 40 lakhs.