Tribunals/Regulatory Bodies/Commissions Monthly Roundup | July 2021
Here’s a run-through of all the significant decisions covered in the month of July, 2021 under the Section of Tribunals/Commission/Regulatory Bodies. Appellate
NCDRC
NCDRC | In case a medical practitioner chooses to follow one procedure instead of another, which turned out to be a failure, Can the said act be negligent? Read on
National Consumer Disputes Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) while addressing an allegation of medical negligence, remarked that, At times,
Will a subsequent purchaser who steps into the shoes of an original allottee of a housing project have the same rights as that of the original allottee? SC explains
Supreme Court: The Bench of Uday Umesh Lalit, Hemant Gupta and S. Ravindra Bhat, JJ., while giving major relief to homebuyers, held
Can Wheelchair injuries be covered under the ambit of medical negligence? NCDRC answers
National Consumer Disputes Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) decided a matter wherein a question of whether wheelchair injuries would
NCDRC | In a case of death insurance claim, can police investigation be replaced by private agency investigation engaged by insurance company? Commission spells out
National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh (Presiding Member) addresses matter regarding claiming of insurance cover. Instant appeal was filed under
NCDRC | Can allottees refuse to accept possession of flat even after receiving Occupation Certificate, even if there is delay in said offer? Does this lead to termination of contract? Read more
National Consumer Disputes Redressal Commission (NCDRC): While dealing with a case, wherein a consumer was subjected to the agony of delayed possession
NCDRC | Selling a second-hand car, in place of a new car, after accepting full consideration price for a new car, inter alia constitutes ‘unfair trade practice’ under S. 2(1)(r) of Consumer Protection Act
National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh, Presiding Member, held that, “…selling a second-hand car, in place of a new car,
NCDRC | Consumer Protection Act, 2019 provides for hierarchy of Consumer Fora to deal with consumer complaints, depending upon pecuniary value of complaint; Complaint filed to demand disproportionate compensation only to inflate value of complaint — Dismissed
National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the complaint reiterated the settled position of law, expressed that,
COVID-19 Surge | Physical Hearing and Hybrid Hearing of cases at NCDRC to remain suspended
In view of the recent surge in the COVID-19 cases, NCDRC has taken the following decisions till further orders: Physical Hearing and
Proceedings instituted under Consumer Protection Act, 1986 not to be transferred to fora created under 2019 Act with newly prescribed pecuniary limits: Supreme Court
“One can imagine the serious hardship that would be caused to the consumers, if cases which have been already instituted before the NCDRC were required to be transferred to the SCDRCs as a result of the alteration of pecuniary limits by the Act of 2019.”
NCDRC | If a fund transfer is effected through net banking and due procedure is followed by the Bank for the transfer, Can the account holder allege deficiency of service and negligence on the Bank? Read on
National Consumer Disputes Redressal Commission (NCDRC): C. Vishwanath (Presiding Member) upheld the State Commission’s Order. Petitioner/Complainant who was an account holder of
Del HC | Where NCDRC doesn’t pronounce orders within 6 months of being reserved, and application is filed, same is to be listed before President (NCDRC) within 2 days without fail
Delhi High Court: Prathiba M. Singh, J., directed that the National Consumer Disputes Redressal Commission to pronounce judgment in a case pending
‘Reasoned Judgment must be passed alongwith the operative order’; SC asks NCDRC President to discontinue the upsetting trend of delayed reasoned orders
“The rights of the aggrieved parties are being prejudiced if the reasons are not available to them to avail of the legal remedy of approaching the Court where the reasons can be scrutinized.”
NCDRC | “Sympathy cannot substitute for conclusive evidence of medical negligence”: Can a doctor be liable for medical negligence even after performing his duty with reasonableness? Read
National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member), while addressing the
NCDRC | Will an Insurance Company be obligated to notify the insured in regard to his policy being expired? Read in light of S. 50 of Insurance Act
National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) expressed that: Section 50 of the Insurance Act imposes a statutory obligation
NCDRC | A person purchasing a constructed real estate property “with eyes wide open”, Can he subsequently claim benefits offered in the original brochure?
National Consumer Disputes Redressal Commission (NCDRC): Anup Thakur (Presiding Member), held that a person who purchases a fully constructed real estate property (a
NCDRC | What factors are to be considered to ascertain whether a discharge voucher in full and final settlement was signed voluntarily or undue influence? Commission considers
National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) observed that: “Conduct of the insured becomes relevant on the facts of
Centre establishes National Consumer Disputes Redressal Commission to be known as National Commission under Consumer Protection Act, 2019
National Consumer Disputes Redressal Commission Central Government establishes a National Consumer Disputes Redressal Commission to be known as the National Commission. The
One-Sided and Unreasonable Clauses in Apartment Buyer’s Agreement & Unfair Trade Practice: Read SC’s verdict
Supreme Court: The 3-Judge Bench of Dr Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ., observed that “Developer cannot compel the
Yearly Wrap Up | A Reflection on 2020
It’s the last day of 2020, and here we are with the 20 most-read Case Briefs of the SCC Online Blog in