Consumer Cases : Some Important Legal Aspects

 Consumer Cases : Some Important Legal Aspects 

90 Days : 

According to Section 52 of Consumer Protection Act, 2019, an appeal filed before the State Commission or the National Commission, as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of 90 days from the date of its admission. Also no adjournment shall ordinarily be granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission.  Also according to S.38 (10) of Consumer Protection Act, 2019, proceedings before District Commission are deemed to be judicial proceedings. 

Costs For Adjournment Seeking : 

State Commission or the National Commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment, as may be specified by regulations. 

In that context, if we look at law laid down in New India Assurance Co. Ltd v Hilli Multipurpose Cold Storage Pvt Ltd [2020] GCtR 956 (SC), it becomes clear that Hon'ble Supreme Court has accorded enough clarity on the provisions and manner of interpretation of provisions of consumer welfare laws.  While facing real estate companies as respondents, one should utilise the law laid down by Hon'ble Supreme Court to ensure that the attempts of delayed filings or adjournments can be effectively blocked to clinch relief against real estate companies. 

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957.  

Property Buyers and Compensation : A Legal Issue

 Property Buyers and Compensation : A Legal Issue 

Many cases have been decided by Hon'ble Supreme Court. 

It has been commented at page 9 and 10 of Ghaziabad Development Authority v Balbir Singh [2004] GCtR 2720 (SC) thus : - 

"The power and duty to award compensation does not mean that irrespective of facts of the case compensation can be awarded in all matters at a uniform rate of 18% per annum." 

"The Forum or the Commission must determine that there has been deficiency in service and/or misfeasance in public office which has resulted in loss or injury. No hard-and-fast rule can be laid down, however, a few examples would be where an allotment is made, price is received/paid but possession is not given within the period set out in the brochure. The Commission/Forum would then need to determine the loss. Loss could be determined on basis of loss of rent which could have been earned if possession was given and the premises let out or if the consumer has had to stay in rented premises then on basis of rent actually paid by him. Along with recompensing the loss the Commission/Forum may also compensate for harassment/injury, both mental and physical. Similarly, compensation can be given if after allotment is made there has been cancellation of scheme without any justifiable cause."

"That compensation cannot be uniform and can best be illustrated by considering cases where possession is being directed to be delivered and cases where only monies are directed to be returned. In cases where possession is being directed to be delivered the compensation for harassment will necessarily have to be less because in a way that party is being compensated by increase in the value of the property he is getting. But in cases where monies are being simply returned then the party is suffering a loss inasmuch as he had deposited the money in the hope of getting a flat/plot. He is being deprived of that flat/plot. He has been deprived of the benefit of escalation of the price of that flat/plot. Therefore, the compensation in such cases would necessarily have to be higher."

"Compensation cannot be the same in all cases irrespective of the type of loss or injury suffered by the consumer".

 

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 17 March 2004.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.