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Oct 16 2003

Megacity Builders Vs. A.P. State Consumer Dispute Redressal Commission ...

Court : Andhra Pradesh

Decided on : Oct-16-2003

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 17, 21, 27 and 27A; Consumer Protection (Amendment) Act, 2002; Code of Criminal Procedure (CrPC) , 1974; Constitution of India - Article 226; Code of Civil Procedure (CPC) - Sections 115

Reported in : AIR2004AP49; 2003(6)ALD834; 2004(1)ALT345

for the fact that the Parliament itself has intervened and accordingly inserted Section 27-A of the Act by Consumer Protection (Amendment) Act 62 of 2002 which has come into effect with effect from 17-12-2002 which provides that notwithstanding anything contained

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May 19 2005

Arati Das Vs. State and ors.

Court : Orissa

Decided on : May-19-2005

Subject : Service

Acts : Consumer Protection Act, 1986 - Sections 9, 10, 10(1), 10(1A), 10(2), 24B, 24B(1) and 24B(2); Consumer Protection (Amendment) Act, 2002; Orissa General Clauses Act - Sections 17; Orissa Consumer Protection Rules, 1987 - Rules 3, 3(5), 3(6), 6 and 6(7)

Reported in : AIR2006Ori13; 100(2005)CLT169

:Provided also that a person appointed as the President or as a member, before the commencement of the Consumer Protection (Amendment) Act, 2002, shall continue to hold such office as President or member, as the case may be, till the completion … of appointment is exclusively within the domain of the State Govt. without any role of Selection Committee.According to Section 17 of the Orissa General Clauses Act, the authority having power to make any appointment shall also have power

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Nov 20 2009

George Joseph, General Secretary Vs. S. Chandramohan Nair, Member,

Court : Kerala

Decided on : Nov-20-2009

Subject : Service

Acts : Consumer Protection Act, 1986 - Section 16, 16(1), 16(1A) and 16(3); ;Kerala Consumer Protection Rules, 2005 - Rules 16 and 17; ;Consumer Protection (Amendment) Act, 2002; ;Constitution of India - Articles 217 and 226

Reported in : AIR2010Ker68,2009(4)KLT853

in Sub-section (3), a person appointed as the President or as a member, before the commencement of the Consumer Protection (Amendment) Act, 2002, shall continue to hold such office as President or member, as the case may be, till the completion … his claim as well- founded, was to be ousted. In Corpus Juris Secundum, (Volume 74, para 1, page 174 )quo warranto is defined thus:Quo warranto is a proceeding to determine the right to the exercise of a

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Feb 22 2007

K. Kanakachandran Vs. State of Kerala and ors.

Court : Kerala

Decided on : Feb-22-2007

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 2, 16(1) and 16(3); Consumer Protection (Amendment) Act, 2002; Kerala Consumer Protection Rules, 2005 - Rules 16 and 17; Representation of People Act; Representation of People Rules - Rule 119

Reported in : AIR2007Ker155

of the petitioner. The learned Counsel brought to my notice the statement of objects and reasons of the Amendment Act, 2002, introduced to the provisions of the Consumer Protection Act. The learned Counsel submitted that having regard to the … eligible to be considered as a person having a judicial background. Rule 17 of the Kerala Consumer Protection Rules says that persons who are having … ORDERK. Balakrishnan Nair, J.1. The point that arises for decision in this case is concerning the interpretation of Section 16(1)(b) of the Consumer Protection Act, 1986. The brief facts leading to the case are the following:2. The

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Aug 04 2008

Mr. Reju Thomas Vs. the National Insurance Co. Ltd. and ors.

Court : Kerala

Decided on : Aug-04-2008

Subject : Consumer

Acts : Consumer Protection Act - Sections 13, 13(2), 13(3), 13(4), 15, 17, 17(1) and 22A; Consumer Protection (Amendment) Act, 2002; Income Tax Act - Sections 35; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) , 1908 - Order 9, Rule 9(1)

Reported in : AIR2009Ker5

13(2)(b) of the Act. This omission cannot be ignored. Section 22A of the Act was inserted by the Consumer Protection Amendment Act (Act 62 of 2002) empowering the National Commission to set aside an ex parte order. Section 22A provides … is an appealable order as provided under Section 15. It was also pointed out that as provided under Section 17(1)(b) of the Act, State Commission has jurisdiction to call for records and pass appropriate orders in any consumer

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Jul 17 2005

Mahendra Ram Vs. Ashok Kumar Singh and ors.

Court : Patna

Decided on : Jul-17-2005

Subject : Civil

Acts : Consumer Protection Act, 1986; Code of Civil Procedure (CPC) , 1908 - Order 5, Rule 1 - Order 6, Rule 17 - Order 8, Rule 1 - Order 39, Rules 1 and 2; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 15L, 27 and 30L

Merchant v. Shrinath Chowdhary reported in : [2002]SUPP1SCR469 , which was only with regard to the provisions of Consumer Protection Act, 1986 and in which only a passing reference to the provision of Order VIII Rule 1 of … the aforesaid matter, the plaintiff again filed a petition under Order VI Rule 17 of the Code for amendment of the plaint, whereupon the defendant-petitioner was directed to file his reply. In the meantime, the plaintiff opposite … provision of the Amending Acts of 1999 and 2002 specifically provided under Section 32(L) and Section 15(L) respectively that only when a written statement is

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Jun 19 2009

Shanthiniketan Housing Foundation (A) Registered Partnership Firm) Rep ...

Court : Karnataka

Decided on : Jun-19-2009

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 25, 27, 27A, 27(1), 27(2), 27(3), 29, 37(1), 40 and 40(1); Consumer Protection (Amendment) Act, 2002 - Sections 23; Constitution of India - Articles 20, 20(1) and 21; Contempt of Courts Act; Code of Civil Procedure (CPC) - Sections 51 - Order 21, Rule 37 - Order 39, Rule 2A; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 6, 173, 200(1), 200(2), 207, 227, 238 to 240, 242, 248, 251 to 258, 260, 262, 262(2), 263, 264, 265, 289, 325, 360 and 494; Code of Criminal Procedure (CrPC) , 1892 - Sections 349 and 562; Code of Criminal Procedure (CrPC) , 1872 - Sections 4; Code of Criminal Procedure (CrPC) , 1898 - Sections 4; Indian Penal Code

Reported in : ILR2009KAR2589; 2009(6)KarLJ205

while taking note of the aforesaid amendment, observed as under:4. It is to be noted that by the Consumer Protection (Amendment) Act, 2002 (62 of 2002), as contained in Section 23 of the Amending Act, the proviso which was struck down … Forum, Mysore, complaining of deficiency of service and the same came to be dismissed by an order dated 17.5.2006. Respondents filed Appeal Mo. 1504/2006 before the State Commission which was disposed of by an order dated 26.3.2007

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Aug 07 2003

Ashish Mohan Gupta Vs. T.V. Sundram Iyenger and Sons Ltd. (Tools and G ...

Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh

Decided on : Aug-07-2003

Subject : Land Acquisition

Matched in: Court Union Territory Consumer Disputes Redressal Commission UT Chandigarh

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May 09 2007

Dr. Prem Lata Vs. Govt. of Nct of Delhi and anr.

Court : Delhi

Decided on : May-09-2007

Subject : Service

Acts : Consumer Protection Act, 1986 - Sections 10, 10(1), 10(1A), 10(2), 17B and 24B; Consumer Protection (Amendment) Act, 2002; Constitution of India - Article 226

Reported in : 140(2007)DLT270

resigned:Provided also that a person appointed as the President or as a member, before the commencement of the Consumer Protection (Amendment) Act, 2002, shall continue to hold such office as President or member, as the case may be, till the completion … of fresh appointment. The counsel has invited my attention to Sub-clause (1)(a) and proviso of Clause (2) of Section 10 of the Consumer Protection Act, 1986 so as to distinguish the petitioner's case being that of re-appointment … Forum. 3. Counsel for the petitioner has also contended that under Sections 17-B and 24-B of the Consumer Protection Act, 1986, the administrative control over

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Feb 19 2009

Kirandevi Bansal Vs. D.G.M., Small Industries Development Bank of Indi ...

Court : Gujarat

Decided on : Feb-19-2009

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(3A), 13(4), 13(13), 17, 17(2) and 17A; Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 - Sections 13(3A); Transfer of Property Act, 1882 - Sections 69 and 69A; Companies Act, 1956 - Sections 529(1) and 529A; Industrial Disputes Act, 1947 - Sections 17(1); Consumer Protection Act, 1986 - Sections 13(2); Security Interest (Enforcement) Rules, 2002 - Rule 3A; Prevention of Food Adulteration Rules, 1955 - Rules 7(3) and 9; Constitution of India - Article 14

Reported in : AIR2009Guj100

: 2002 6 SCC 33 : AIR 2002 SC 2487 while considering the scope of Section 13(2)(a) of Consumer Protection Act, 1986 whether or not the State Consumer Disputes Redressal Commission can grant time to the respondent beyond … the Act. Consequently, Sub-section (3A) was inserted by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (30 of 2004) with effect from 11.11.2004.7. The relevant provisions which are necessary for our consideration are … The Apex Court upheld the validity of the provisions of the Act except that of Sub-section (2) of Section 17 of the Act which was declared ultra vires of Article 14 of the Constitution of India. The Apex

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