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Feb 26 2007

Dr. S.S. Prasad Vs. Sumitra Devi

Court : Jharkhand

Decided on : Feb-26-2007

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 9, 11, 12, 13, 14, 15, 19, 20, 21, 23 and 27; Code of Civil Procedure (CPC) - Sections 115; Constitution India - Articles 32, 136, 226, 227, 323A and 323B

Reported in : 2007(2)BLJR1578; [2007(3)JCR562(Jhr)]

made by the learned Counsel, I would first like to discuss some of the relevant provisions of the Consumer Protection Act, 1986 (short 'the Act') which has been enacted to provide better protection to the interests of the consumers by … shall record, in writing the reasons for the same at the time of disposing of the said appeal.8. Section 20 of the Act prescribes procedure of composition of the National Commission. According to Section 20, the National Commission

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Mar 21 2005

Hindustan Law Book Company Vs. Ganesh Srivastav

Court : Kolkata

Decided on : Mar-21-2005

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 2, 3, 12 and 21; ;Defence of India Rules - Rule 79; ;Constitution of India - Articles 226 and 227; ;Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 20

Reported in : AIR2005Cal278,2005(2)CHN554

in brief are that the opposite party Sri Ganesh Srivastav filed an application under Section 12 of the Consumer Protection Act, 1986 for an order directing the petitioner to resume supply of Calcutta High Court Notes Journal, for the year … the financial Institutions. There is hierarchy of appeal provided in the Act, namely, filing of an appeal under Section 20 against order passed by Debt Recovery Tribunal (DRT) directing sale of mortgaged property and this fast track procedure

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Feb 09 1995

Chairman, Thiruvalluvar Transport Corporation Vs. Consumer Protection ...

Court : Supreme Court of India

Decided on : Feb-09-1995

Subject : ConsumerMotor Vehicles

Acts : Consumer Protection Act, 1986 - Sections 2, 3, 12 and 21; Motor Vehicles Act, 1988 - Sections 165, 166, 168 and 175; Companies Act, 1956; Tribunal Act, 1987

Reported in : AIR1995SC1384; [1995]83CompCas82(SC); 1995(1)CTC393; JT1995(2)SC441; 1995(1)SCALE525; (1995)2SCC479; [1995]2SCR1; 1995(1)LC463(SC)

whether the National Consumer Disputes Redressal Commission (hereinafter called 'the National Commission') constituted under Section 20 of the Consumer Protection Act, 1986 (for short 'the 1986 Act') had jurisdiction to adjudicate upon a claim for compensation arising out of a

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Feb 01 2005

Virumal Ladharam Rajani Vs. Shat Aayu Hospital and Research Centre and ...

Court : Mumbai

Decided on : Feb-01-2005

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 15, 17, 17(1), 19 and 21; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 20 and 20(1); Delhi Rent Control Act - Sections 38; Constitution of India - Article 227

Reported in : 2005(2)ALLMR617; 2005(4)BomCR238; 2005(3)MhLj671

filed an affidavit on 18-12-2004 expressing his inability to approach the State Appellate Forum under Section 15 of Consumer Protection Act, 1986. He has stated that he is engaged in petty business of selling Kirana items and has a small … the State Commission. The appeals are provided against the order passed by the District forums. The provisions of Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as Recovery

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Aug 12 2002

Dr. J.J. Merchant and ors. Vs. Shrinath Chaturvedi

Court : Supreme Court of India

Decided on : Aug-12-2002

Subject : Consumer

Acts : Indian Penal Code (IPC) - Sections 201, 203 and 304A; Consumer Protection Act, 1986 - Sections 2(1), 12, 13, 13(3A), 13(4), 20(1), 20(1A), 20(1B), 22C, 22D and 24B; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 14 - Order 8, Rule 1 and 1A - Order 18, Rule 4; Consumer Protection Rules - Rule 14

Reported in : AIR2002SC2931; 2002(5)ALD43(SC); 2002(4)ALLMR(SC)605; 2002(4)AWC2865(SC); 2002(3)BLJR1899; (SCSuppl)2002(4)CHN6; (2002)4CompLJ145(SC); III(2002)CPJ8(SC); [2002(3)JCR137(SC); (2002) 6 SCC 635

accepted, apart from the fact that it would be unjust, the whole purpose and object of enacting the Consumer Protection Act, 1986 (hereinafter referred to as the 'Act') would be frustrated. One of the main objects of the Act is … reasons would be made.(v) ... (xvii).....' 27. Further proposed amendments inter alia provides that after Sub-section (1) of Section 20, Sub-section (1A)(i) and (ii) shall be inserted, which reads thus:--'(1A)(i) The jurisdiction powers and authority of the National

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Aug 06 2003

Ghaziabad Development Authority and anr. Vs. Union of India (Uoi) and ...

Court : Allahabad

Decided on : Aug-06-2003

Subject : Consumer

Acts : Constitution of India - Articles 20, 21 and 226; Consumer Protection Act, 1986 - Sections 27; Indian Penal Code

Reported in : 2003(4)AWC3078b

it was held that the proviso to Section 27 of the Consumer Protection Act is violatlve of Articles 20 and 21 of the Constitution. It was held by the Karnataka High Court therein that while the main … the petitioner and learned standing counsel.2. The petitioner has challenged the constitutional validity of Section 27 of the Consumer Protection Act, 1986.3. The petitioner, Ghaziabad Development Authority, is a statutory body constituted under the U.P. Urban Planning and Development Act,

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Dec 17 2004

Shri Ashok Tanwar and anr. Vs. State of Himachal Pradesh and ors.

Court : Supreme Court of India

Decided on : Dec-17-2004

Subject : ConstitutionService

Acts : Consumer Protection Act, 1986 - Sections 9, 10, 16, 16(1), 20 and 20(1); Constitution of India - Articles 124(2), 145(3), 217, 217(1), 223 and 224; S.P. Gupta v. Union of India, 1981 Supp. SCC 87

Reported in : AIR2005SC614; 2005(4)ALD34(SC); 2005(1)BLJR665; (SCSuppl)2005(2)CHN34; (2005)3CompLJ118(SC); I(2005)CPJ21(SC); 2005(1)CTC288; [2005(104)FLR523]; [2005(2)JCR143(SC)]; (2005)

Commission) on 4.3.2000, after attaining the age of 67 years. In accordance with the provisions contained in The Consumer Protection Act, 1986 (for short 'the Act'), a person who is or has been a Judge of High Court can be … 10 of the Act provides for composition of the District Forum, Section 16 for the State Commission and Section 20 for the National Commission. The scheme is that these three agencies constituted for redressal of consumer disputes at

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May 05 1990

Consumer Education and Research Society Vs. Canara Bank

Court : Gujarat State Consumer Disputes Redressal Commission SCDRC Ahmedabad

Decided on : May-05-1990

Subject : MRTP

business at Ahmedabad through its branch office, on account of absence of explanation in Section 11(2) of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Consumer Act'). In order to appreciate the contentions and submissions of both the … this question arisen before the Civil Court, the answer would have been simple taking recourse to explanation to Section 20 of the Civil Procedure Code (hereinafter referred to as the Code') which provides; "A Corporation shall be deemed

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Dec 04 2001

Philip Thomas and anr. Vs. the Government of Tamil Nadu Represented by ...

Court : Chennai

Decided on : Dec-04-2001

Subject : ServiceConstitution

Acts : Constitution of India - Articles 14, 19, 20, 21, 22, 165, 229, 319, 320(3), 235 and 390; Protection of Human Rights Act, 1993 - Sections 2(1), 12, 17, 18 and 21 to 29; Consumer Protection Act, 1986 - Sections 10; Protection of Human Rights Rules - Rule 3

Reported in : (2002)1MLJ1

which is to be computed, has got no relevance to the independent functions to be discharged under the Consumer Protection Act, 1986.9. In view of what is slated supra, we hold that holding of office of a Member of the … the Indian Constitution guaranteeing the Fundamental Rights and particularly Articles 14, 19, 20, 21 and 22. Chapter V consisting of Sections 21 to 29 deal … Arivudai Nambi have not projected the said facts, but based their arguments only on the Constitutional bar under Section 319(d) of the Constitution.3. Mr. T.S. Sasikumar, learned counsel for the petitioner, submits that once a person occupies

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Dec 10 2008

Cox and Kings (i) Ltd. Vs. Raj Kumar Mittal and anr. and ors.

Court : Delhi

Decided on : Dec-10-2008

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 20 and 21; Constitution of India - Articles 226 and 227

Reported in : 156(2009)DLT467

directed the respondent to take recourse to the appeal mechanism provided by the Act.8. A perusal of the Consumer Protection Act, 1986 would show that this Act has provided inbuilt mechanism of appeals and revisions and a person who suffers … the financial institutions. There is hierarchy of appeal provided in the Act, namely, filing of an appeal under Section 20 and this fast track procedure cannot be allowed to be derailed either by taking recourse to proceedings under

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