The Complete Supreme Court Annual Digest- 2023 [Part-VII]

Consumer Law A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. (Para 23) Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd., 2023 LiveLaw (SC) 442 : AIR 2023 SC 2527 Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. In Re: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India v. Union of India, 2023 LiveLaw (SC) 201 Builder has obligation to seek completion certificate-It is no part of the flat owner's duty to apply for a completion certificate. (Para 18, 19) Debashis Sinha v. RNR Enterprise, 2023 LiveLaw (SC) 92 : AIR 2023 SC 840 : (2023) 3 SCC 195 Commercial enterprises can raise consumer disputes in relation to goods or services unconnected to profit generation. National Insurance Co. Ltd. v. Harsolia Motors, 2023 LiveLaw (SC) 313 Consumer Commissions can't decide complaints involving highly disputed facts, criminal or tortious acts. Chairman & Managing Director, City Union Bank Ltd. v. R. Chandramohan, 2023 LiveLaw (SC) 251 : AIR 2023 SC 1762 Consumer disputes are non-arbitrable, consumers can't be compelled into arbitration. M. Hemalatha Devi v. B. Udayasri, 2023 LiveLaw (SC) 902 Definition of 'Consumer' includes 'Consumers'; Joint complaint by multiple consumers need not be filed in representative capacity. Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd., 2023 LiveLaw (SC) 442 : AIR 2023 SC 2527 Flat owners do not forfeit the right to claim amenities promised by the developer by taking possession of the apartments- Supreme Court disapproves of NCDRC order dismissing homebuyers' claim on the ground that knowingly purchased the apartments. Debashis Sinha v. RNR Enterprise, 2023 LiveLaw (SC) 92 : AIR 2023 SC 840 : (2023) 3 SCC 195 Flat owners don't forfeit the right to claim amenities promised by builder by taking possession of apartments. Debashis Sinha v. RNR Enterprise, 2023 LiveLaw (SC) 92 : AIR 2023 SC 840 : (2023) 3 SCC 195 Flat-owners' rights - If complaints were to be spurned on the specious ground that the consumers knew what they were purchasing, the object and purpose of the enactment would be defeated-in most cases, the jurisdiction of NCDRC is invoked post-purchase-Any deficiency detected post-purchase opens up an avenue for the aggrieved consumer to seek relief before the consumer for a. (Para 11) Debashis Sinha v. RNR Enterprise, 2023 LiveLaw (SC) 92 : AIR 2023 SC 840 : (2023) 3 SCC 195 If commercial use is by purchasers themselves for earning livelihood by self-employment, they'll be 'consumers'. Rohit Chaudhary v. Vipul Ltd., 2023 LiveLaw (SC) 754 : AIR 2023 SC 4229 : (2024) 1 SCC 8 Manufacturing Defect - the Supreme Court directs Ford India Ltd. to pay Rs. 42 lakhs as compensation to a consumer who purchased a car which had manufacturing defects. Ford India Pvt. Ltd. v. Medical Eleborate Concept Pvt. Ltd., 2023 LiveLaw (SC) 515 'NCDRC acted as if they were experts' : Supreme Court sets aside order upholding insurance claim repudiation. S.S. Cold Storage India Pvt. Ltd. v. National Insurance Company Ltd., 2023 LiveLaw (SC) 619 : (2024) 2 SCC 467 Party has right to address final arguments before NCDRC despite not filing written version. ARN Infrastructure India Ltd. v. Hara Prasad Ghosh, 2023 LiveLaw (SC) 763 Party not entitled to seek relief that has not been prayed for. Rajasthan Art Emporium v. Kuwait Airways, 2023 LiveLaw (SC) 975 : (2024) 2 SCC 570 Railways not liable for theft of passenger's belongings - the theft of personal belongings of a Passenger is not “deficiency of service” by Railways. If the passenger is not able to protect his own belongings, the Railways cannot be held responsible. The Supreme court set aside orders passed by Consumer forum whereby Railways was directed to reimburse the stolen amount of cash to the Passenger. Station Superintendent v. Surender Bhola, 2023 LiveLaw (SC) 487 Rs. 2 Crore compensation for bad haircut excessive: Supreme Court asks NCDRC to decide model's claim afresh. ITC Ltd. v. Aashna Roy, 2023 LiveLaw (SC) 87 : AIR 2023 SC 827 : (2023) 5 SCC 655 SLP against NCDRC's order passed in exercise of its appellate/revisional jurisdiction cannot be entertained. Universal Sompo General Insurance Co. Ltd. v. Suresh Chand Jain, 2023 LiveLaw (SC) 567 : AIR 2023 SC 3699 Supreme Court Paves way for lawyers with 10 yrs experience to be considered for consumer commission appointments; upholds striking down of centre's rules. Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161 : AIR 2023 SC 1371 Supreme Court refuses to hold pharma company liable for not mentioning adverse reaction of vaccination, says...

The Complete Supreme Court Annual Digest- 2023 [Part-VII]

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