Supreme Court Rulings on Consumer Protection Law

1
Supreme Court Digest

on
Consumer Protection Law - 1991 to 2010(1)
Abortion – Complainant had to suffer two abortions due to wrong blood group – OP directed to pay Rs. 1 lac for medical
negligence - 2009(2) CPC 698 S.C.
Abuse of process - Consumer authorities should dismiss the fresh complaint if it is proved that complainant is abusing the
process of law and causing harassment to the opposite party - 2000(1) CPC 334 S.C.
Accident claim - Complainant failed to renew insurance policy of car for 2nd year when it was damaged - Bank not liable to
pay compensation under Motor Accident Claim Act - 1999(2) CPC 571 S.C.
Acknowledgement - Cause of action arose in 1985 - Liability was acknowledged in 1991 - Complaint filed in 1992 held to be
within time - 1999(2) CPC 465 S.C.
—Delay of 4 years in filing claim petition after lodgement of claim with manufacturer - No acknowledgment of liability proved
- Petition dismissed as time barred - 2002(1) CPC 542 S.C.
Act of God - Carriers is bound to compensate the consigner for loss caused to goods due to negligence of its staff unless loss
was caused by the act of God - 2010(1) CPC 404 S.C.
Act of State - Insurance Company held to be a State within the meaning of Article 12 of Constitution which should act for
achieving economic benefit of people as a State discharging its function in a fair and reasonable manner - 2008(2) CPC 404 S.C.
Additional remedy - Consumer Protection Act provides additional remedy and not in derogation of other Acts - 1996(2) CPC
304 S.C.
—Remedy under C.P. Act is an additional remedy and not in derogation of any other provisions of law - 2003(2) CPC 539
Kerala H.C. 539
Administrative action - Denial of medical treatment to patient by Govt. doctor - State should take administrative action
against erring doctor - 1996(2) CPC 154 S.C.
Admissibility of document - Once a document has been exhibited, litigants are precluded from raising objection against its
admissibility on the principle of estoppel - 2009(3) CPC 388 S.C.
Advertisement – Institute published false advertisement – College neither affiliated nor recognized for imparting education –
Respondents lost two academic years – Deficient service proved – Institute directed to pay Rs. 1 lacs as compensation and costs of
Rs. 1 lack each - 2009(1) CPC 604 S.C.
Advertisement/hoarding – Complaint for claiming Rs. 20 lacs for removal of insured hoarding, dismissed in view of Order of
High Court having no direct bearing on the claim for compensation – Appeal allowed – Case remanded - 2009(2) CPC 725 S.C.
Affidavit - Evidence of expert can be taken on affidavit in consumer matter - 2002(2) CPC 640 S.C.
Agent - Agent of OP cannot be denied right to examine complainant provided authority is in writing - 2006(2) CPC 529 S.C.
Agent’s liability – Booking of amount of vehicle paid to agent where particulars of Principal were disclosed – Agent not liable
for deficiency in service and not liable for refund booking amount - 2009(1) CPC 57 S.C.
Agreed rate of interest - Rate of interest agreed by parties will have precedence over provision of Interest Act. - 2008(3) CPC
202 S.C.
Aided services - An Employer bearing medical expenses of an employee and his family - It is a service u/s 2 (1)(o) as it is not
free of charge - 1995(2) CPC 602 S.C.
AIDS - Patient suffering from venereal disease of AIDS - Discloser of ailment resulted in calling off patient’s marriage -
Doctor not liable for loss - 1999(1) CPC 1 S.C.
Allotment Authority - An Authority, if acts in a negligent manner in matter of allotment, it is bound to compensate the
complainant - 2004(1) CPC 660 S.C.
Allotment of flat - Flat allotted at a tentative price of Rs. 6.3 lakhs - Demand of Rs. 7.44 lakhs is not justified - 2006(1) CPC
655 S.C.
Allotment of flat - Company given unrestricted power to increase cost of flat - Allottee stopped installment after five years due
to delay in delivery of possession - Forfeiture of 50% of amount only justified - 2008(3) CPC 301 S.C.
Allotment of house - Applicant remained unsuccessful in draw of lottery of houses - Refund of deposit with 5% interest
justified - 2005(2) CPC 678 S.C.
--MRTP Commission directed DDA to hand over possession of allotted plot in existing scheme or in some other scheme -
Directions should be limited to award compensation or damages alone - Commission has exceeded its jurisdictional powers - Case
remanded for fresh decision - 2008(2) CPC 527 S.C.
Allotment of plot - Possession not delivered within promised period - Allottee entitled to refund with 18% interest - 2004(2)
CPC 648 S.C.
—Rate of interest revised from 10% to 18% on deposit by National Commission - Increase in interest unjustified - 2004(2)
CPC 354 S.C.
Allotment policy - Allotment after completing all formalities became final - Cancellation of allotment under new policy not
Allotment through lottery - Demand of extra charges for allotment of corner plot as per rules is not illegal even if it is a draw
of allotment by lottery - 2010(1) CPC 367 S.C.
Allotment - Allotment after completing all formalities became final - Cancellation of allotment under new policy not justified
- 2001(1) CPC 634 S.C.
--Alternative plot allotted to complainant after he surrendered the earlier one - GDA is entitled to get prevailing price of second
plot without payment of interest on deposited amount - 2009(1) CPC 719 S.C.
--Case remanded to HUDA for necessary relief - But Estate Officer dismissed the claim – Case remitted to Chairman HUDA to
grant relief in accordance with law with due consideration - 2009(1) CPC 709 S.C.
--Complainant society given benefit of exemption from acquisition – Undue advantage of carving 151 plots also given – Non
delivery of possession of one plot out of 151 does not constitute unfair trade practice on part of OP trust - 2009(2) CPC 220 S.C.
--Complainant was unsuccessful in draw of plots and deposited earnest money was left with PUDA voluntarily - PUDA not at
fault - Interest reduced from 18% p.a. to 10% p.a. and cost set aside - 2008(3) CPC 219 S.C.
—Award of 18% in housing services cases cannot be granted - It depends upon facts of each and every case - 12% interest held
—Award of 18% interest in cases of housing service cannot be granted in every case - 10% interest upheld - 2004(2) CPC 656
S.C.
—Balance amount with interest accepted after expiry of time Cancellation of allotment by DDA illegal - 2001(1) CPC 636
S.C.
—Complainant was unable to use the allotted plot under litigation - Development Board had already intimated to complainant
in this regard - Compensation of Rs. 3 lacs reduced to Rs. 1 lac only - 2007(2) CPC 540 S.C.
—Delay in delivery of possession - Allottee is entitled to refund with 18% interest but this rate is not applicable in each and
every case - 2004(2) CPC 649 S.C.
—Delay in possession of plot due to land acquisition proceedings - Authorities not liable to pay interest on deposit - 1996(2)
CPC 4 S.C.
—Non delivery of possession of plot by H.U.D.A. - H.U.D.A. directed to deliver possession with 15% interest - 2004(2) CPC
671 S.C.
—Non delivery of possession of plot despite entire payment - Compensation in the form of 18% interest for deficiency in
service justified - 2005(2) CPC 535 S.C.
—Possession of alternative plot offered in 1996 and possession delivered in 2002 -Award of interest at 15% for delayed
possession justified - 2004(2) CPC 654 S.C.
—Possession of eleven out of fifteen HIG houses could not be delivered due to delay on part of contractor who delayed
construction - Complainant not entitled to interest or compensation except execution of registration of sale deed - 2007(1) CPC 729
S.C.
—Rate of interest was determined at 18% per annum payable by H.U.D.A. by National Commission - Rate of interest being on
higher side reduced to 12% as per latest law - 2004(2) CPC 331 S.C.
—Undue delay in delivery of possession of plot - H.U.D.A. directed to pay 12% interest on deposited amount - T.D.S. not to be
deducted - 2004(2) CPC 622 S.C.
Alternative allotment - Alternative allotment made to complainant at original price - Other compensation/interest for mental
agony declined - 2004(2) CPC 683 S.C.
--MRTP Commission directed OP to deliver possession of allotted plot and to execute fresh lease deed - Order attained finality
- Order upheld - 2008(2) CPC 650 S.C.
Alternative remedy - Alternative remedy u/s 17 (b) not availed against order of District Forum - Relief under Article 227
declined - 2005(2) CPC 260 A.P. High Court
--Once an aggrieved party has exhausted alternative remedy under a Special Act – Complaint under CP Act is not maintainable
- 2009(3) CPC 592 S.C.
Amendment – Facts of application for amendment proved that amendment was necessary in the interest of justice – Dismissal
of application set aside – Case remanded - 2009(3) CPC 556 S.C.
Amenities – A purchaser of site in open witness cannot stop to pay balance installment in the name of lack of amenities or
other disadvantages - 2009(2) CPC 6 S.C.
Appeal - Order passed on application for execution - Appeal against such order not maintainable - 2005(1) CPC 328 S.C.
Appellant’s fault - Delay in decision due to negligence of appellant conveying information qua decision of Foreign Court -
Appellant to pay Rs. 5,000/- as costs - 2001(1) CPC 631 S.C.
Applicability - Provisions of Section 34 of CPC held not applicable to consumer proceedings except on justice and equity
principles - 1999(2) CPC 574 S.C.
--Section 36-A of MRTP Act does not deal with the situation where goods are not sold at all - 2008(3) CPC 394 S.C.
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Appointment of President - Appointment of President of State Commission with consultation of Acting Chief Justice of High
Court is legally valid - 2005(1) CPC 145 S.C.
—Name of Retired Judge of High Court approved by Chief Justice along with several other names, who was appointed
President of State Commission - Appointment held to be valid - 1996(1) CPC 274 S.C.
—Post of District Forum President lying vacant for 2 years - Government directed to nominate President within 4 months -
1998(2) CPC 96 Raj. High Court
—There is lot of difference in a constitutional appointment and Statutory appointment - Different procedure of consultation
can be adopted for making such appointments - 2005(2) CPC 143 S.C.
—While appointment of a sitting judge of High Court as President of Consumer Commission dignity of office of High Court
Judge should be maintained - 2002(2) CPC 675 S.C.
Arbitration clause - Existence of an arbitration clause in an agreement which is subject of a complaint is no bar to
entertainment of a complaint under C.P. Act - 2000(1) CPC 679 S.C.
Arbitration - By invocation of Section 34, a party does not get an automatic right to have pending proceedings stayed -
1996(2) CPC 304 S.C.
—Matter referred to arbitrator under Old Act before commencement of new Act - Matter governed by Old Arbitration Act -
2005(2) CPC 410 S.C.
--A party cannot be non-suited only on the ground that it has not availed alternative remedy under Arbitration and Conciliation
Act - 2010(1) CPC 80 S.C.
Assignment of policy – When a policy is assigned in favour of bank it amounts to transfer of actionable claim in its favour –
When decree is passed in favour of complainant bank is entitled to said amount without filing in a civil suit and obtaining decree in
its favour - 2009(1) CPC 1 S.C.
At owner’s risk - The expression does not exempt a carrier for loss of goods due to his own negligence - 2000(2) CPC 1 S.C.
Auction of truck - Delay of five years in delivery of possession of truck purchased in open auction – Complainant is a
consumer within the meaning of Section 2 (1) (d) and there is deficiency in service u/s. 2 (1) (g) of C.P. Act - 2009(3) CPC 94 S.C.
Authority to appear - Refusal to appear by authorized agent on behalf of OP held to be in contravention of rule 14(1) of
Consumer Rules, 1987 - 2006(2) CPC 529 S.C.
Automatic renewal - Where contract of insurance provides for renewal of insurance policy, there cannot be an automatic
renewal unless court strikes a balance between the rights of the parties - 2008(2) CPC 404 S.C.
Award of interest - Award of 18% interest on deposits against 5% interest permitted by relevant regulation cannot be
sustained - 5% interest is justified - 2005(2) CPC 678 S.C.
--Consumer Fora should keep in mind provision of section 3 of Interest Act while awarding higher rate of interest – 2008(3)
CPC 202 S.C.
—Award of interest in case of allotment revised from 15% to 18% by National Commission- Interest at the rate of 15% held to
be justified - 2004(2) CPC 340 S.C.
—Gram of interest and compensation should co-relate with injury or loss in each case - 2004(2) CPC 275 S.C.
Bank deposit - Deposits made with Mini Bank were never guaranteed by Apex Bank - Mini Bank alone is liable for deficiency
in service - 2008(2) CPC 358 S.C.
Bank interest - Provisions of Section 34 of CPC held not applicable to consumer proceedings except on justice and equity
principles - 1999(2) CPC 574 S.C.
Bank’s liability - Bank cheque realised but remained uncredited for 7 years with bank - Bank held liable to pay 15 % P.A.
interest on deposit - 1999(2) CPC 574 S.C.
--Deposits made with Mini Bank were never guaranteed by Apex Bank - Mini Bank alone is liable for deficiency in service -
2008(2) CPC 358 S.C.
Bank loan - Refusal to sanction Bank loan due to inadequacy of stock with applicant - Bank held not guilty of any deficiency
Bank staff - Bank Manager arrested red handed for demanding illegal gratification - Entire Bank staff cannot be said to have a
malafide attitude against loanee - 2001(2) CPC 339 S.C.
Bank - Employee’s strike - Complainant suffered loss on account of illegal strike by bank employees - Bank cannot be held
liable - 1995(1) CPC 386 S.C.
Banking service - Charging of Rs. 50/- for issuance of 50 Leaves of MICR cheques as per directive of RBI does not amount to
a deficiency of service - 2004(1) CPC 122 S.C.
-- Cheque presented on 17.4.1997 for encashment – Final denial for encashment given on 20.2.1999 by Bank Manager – Cause
of action arose on 20.2.1999 – Complaint not barred by limitation - 2009(2) CPC 668 S.C.
—Complainant availing over draft facility from the bank - Facilities rendered by bank is covered under “service” under Section
2 (1) (o) of C.P. Act - 2000(2) CPC 204 S.C.
—Complaint against Bank dismissed even without notice holding matter to be complicated - Order suffers from illegality -
2004(1) CPC 1 S.C.
--Complainant lost his cheque book containing one unused leaf – An amount of Rs. 3,52,500 was withdrawn by utilizing two
cheques – Specimen signatures on the account opening were different – Bank directed to credit withdrawn amount in complainant’s
account with interest and costs - 2010(1) CPC 305 S.C.
—Financial activities between bank and its customers - Such customers are consumers as defined under the Act - 2006(2) CPC
542 S.C.
—Joint account of F.D.R. by husband and wife - Bank cannot refuse payment to wife of her share on death of husband -
2004(2) CPC 696 S.C.
—Loanee suffered loss due to non-disbursement of loan by Bank - Bank held liable for deficiency in service - 1997(1) CPC
558 S.C.
—Various pleas regarding value of lost Jewells pledged with bank were not considered by Authorities below - Case remanded
for fresh decision - 2007(1) CPC 1 S.C.
—Proceeds could not be remitted in Dollar due to policy of foreign country of consignee - Bank acting on behalf of consigner
not liable for deficient service - 2000(1) CPC 244 S.C.
Bank’s negligence - Bank agreed to sell shares pledged with it but failed to sell causing loss to complainant - Bank held liable
for deficiency in service - 2000(2) CPC 204 S.C.
Beneficiary - Employee member of Provident Fund Scheme is a consumer and ‘service’ is for ‘consideration’ - Family
members of employee being beneficiary are consumer - 2000(1) CPC 250 S.C.
—Parents of a child patient are entitled to claim compensation for themselves as well as for the child in a case of medical
negligence - 1998(1) CPC 423 S.C.
Benefit of price of land - Houses were delivered in 1997 at a price agreed in 1986 when value of plot had gone up more than
10 time benefiting the allottee - Further compensation for delayed possession declined - 2007(1) CPC 729 S.C.
Best treatment - Requisite injection was not given to save life of patient instead of power of hearing – Doctor committed no
fault – Death of patient despite best treatment does not make doctor liable for negligence - 2009(1) CPC 619 S.C.
Bill of lading – National Commission relied on packing list of containers not reaching its destination – Bill of lading should
have been taken into consideration to determine loss of missing container - 2010(1) CPC 655 S.C.
Binding course of law - Decisions rendered under foreign law may have a persuasive but not a binding nature - Principles laid
down in the constitution law of the country must be applied - 2008(2) CPC 404 S.C.
Blanket order - Order passed with blanket observations, without going into pleadings, cannot be sustained - 1996(1) CPC 9
S.C.
Blood group mistake - Complainant had to suffer two abortions due to wrong blood group – OP directed to pay Rs. 1 lac for
medical negligence - 2009(2) CPC 698 S.C.
Blow room - Insured not apprised of protection System of Blow room by insurer - Directed to pay insurance claim with interest
- 2001(1) CPC 625 S.C.
Brickman machine - Use of machine for commercial purpose as for earning livelihood by employment is a matter of evidence
- 1997(1) CPC 231 S.C.
Builder and Purchaser - Transaction reduced in writing between builder and purchaser - Purchase price mentioned in the
deed is to be accepted in preference to other evidence - 2007(1) CPC 551 S.C.
Builders - Builders constructed houses as per sanctioned plan and agreement - Minor short fall in saleable area does not
amount to deficiency in service - 1999(2) CPC 598 S.C.
Building damaged by flood - Building with stock and machinery insured with OP covering risk of flood water etc. - Building
collapsed due to heavy floods - OP directed to make full claim of Rs.10,13,572/- as assessed by surveyor - 2007(1) CPC 265 S.C.
Burden of proof – Once appellant has denied service of notice – Burden under section 114 (e) of Evidence Act has shifted to
respondent - 2009(1) CPC 144 S.C.
Burglary/house breaking - Violence or force is necessary element to prove a case of burglary/theft given in policy -
Repudiation of claim justified - 2004(2) CPC 686 S.C.
CA’s report – Joint surveyor determined loss of insured stock of cotton without relying on account entries – CA’s report after
checking of account books rightly relied for actual loss - 2009(3) CPC 281 S.C.
Car defect - Defective car sold as new one - Defect not removed despite request - Dealer and manufacturer directed to remove
defect and pay compensation of Rs. 90,000 - 2004(1) CPC 438 S.C.
Car manufacturer - Manufacturing defect found in car purchased by complainant - Manufacturer alone held liable to
compensate the complainant - 2001(2) CPC 334 S.C.
Car Price - Charging of enhanced car price due to rise in excise duty amounts to deficiency in service - 1999(2) CPC 463 S.C.
—Intentional withholding of delivery of car to take advantage of price hike - Seller liable of deficient in service - 1995(2) CPC
1 S.C.
Carriage of Goods by Sea Act - Complaint against OP for non delivery of consignment in time – Complaint cannot be
dismissed on ground that limitation is not filed within one year prescribed by Carriage of Goods by Sea Act, 1925 - 2009(3) CPC 378
S.C.
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Carrier service - Consignment could not be delivered to new consignee as directed by consigner due to non-payment of
charges - Carrier not liable for deficient service - 2002(1) CPC 1 S.C.
Carrier’s liability – Carriers is bound to compensate the consigner for loss caused to goods due to negligence of its staff
unless loss was caused by the act of God - 2010(1) CPC 404 S.C.
Carrier’s negligence - A carrier of goods cannot escape its liability for the damaged goods merely that consigning diverted the
goods to some other godown - 2000(2) CPC 1 S.C.
Carrier’s Service - Carrier informed consignor that he was in process of locating goods for which consignor should wait - Non
issue of notice of loss under Carrier Act does not invalidate complaint - 2007(1) CPC 555 S.C.
Cause of action - Limitation starts from the date of repudiation of insurance claim - 1997(2) CPC 1 S.C.
--Cause of action arose on 7.6.1994 – Complaint filed on 5.5.1997 – No satisfactory reason given for delay – Complaint
dismissed as time barred - 2009(2) CPC 1 S.C.
--Cause of action i.e. fire broke out at Ambala where affected godown was situated – Simply that insurer has its branch office
at Chandigarh, complaint not triable by Commission at Chandigarh - 2010(1) CPC 379 S.C.
--Cheque presented on 17.4.1997 for encashment – Final denial for encashment given on 20.2.1999 by Bank Manager – Cause
Cement defect - Compensation of Rs. 95,000/- for defect in cement allowed without following mandatory procedure of
laboratory test - Order set aside - 2005(1) CPC 538 J & K H.C.
Charges for M.I.C.R. cheques - Charging of Rs. 50/- for issuance of 50 Leaves of MICR cheques as per directive of RBI does
not amount to a deficiency of service - 2004(1) CPC 122 S.C.
Charitable institution - A Charitable Institution providing free treatment to 10% patients only - Service rendered by
institution cannot be said as a free service - 2000(1) CPC 52 S.C.
Check and Balance - Check and Balance dimensions is essential of Government by court otherwise country would be
transformed in a state of repose. (per S.B. Sinha J.) - 2007(2) CPC 258 S.C.
Cheque’s dishonour – Complainant issued cheque of Rs. 9.85 lacs though he had Rs. 200/- only in his account – Cheque lost
in transit – Claim for Rs. 9.85 from bank unjustified – Matter relegated to civil court - 2009(2) CPC 679 S.C.
Civil jurisdiction - Relegating the parties to civil remedy after 3 long years not proper in the name of complicated issues -
2001(2) CPC 338 S.C.
--Complainant issued cheque of Rs. 9.85 lacs though he had Rs. 200/- only in his account – Cheque lost in transit – Claim for
Rs. 9.85 from bank unjustified – Matter relegated to civil court - 2009(2) CPC 679 S.C.
Civil/criminal negligence – Negligence in civil proceedings is not the same in criminal proceedings – Liability in criminal
matter is higher than that in civil proceedings - 2009(1) CPC 619 S.C.
Claim settlement - A claim settled on the basis of fraud or misrepresentation cannot be said to have been finally settled -
1999(2) CPC 601 S.C.
Commercial purpose - A Charitable Institution providing free treatment to 10% patients only - Service rendered by institution
cannot be said as a free service - 2000(1) CPC 52 S.C.
--Vehicle at the time of accident was carrying a marriage party being used as taxi – Repudiation of claim upheld - 2009(1) CPC
206 S.C.
—Complaint filed for non-supply of required G.P. Sheets by respondents - Sheets to be used for resale and commercial
purpose - Complaint does not lie under the Act - 1996(1) CPC 11 S.C.
—Goods purchased for earning livelihood do not dome under the definition of commercial purpose - 1995(2) CPC 2 S.C.
—Printing press purchased for commercial purpose complaint does not lie under C.P. Act - 2000(1) CPC 3 S.C.
—Use of machine for commercial purpose as for earning livelihood by employment is a matter of evidence - 1997(1) CPC 231
S.C.
Commercialization of treatment - It is well known these days that expenses of several hundreds or thousands are incurred on
medical treatment by patient which proves commercialization of medical treatment in the name of specialization - 2008(1) CPC 288
S.C.
Compensation - Award of 18% in housing services cases cannot be granted - It depends upon facts of each and every case -
12% interest held justified - 2004(2) CPC 659 S.C.
--Compensation under CP Act cannot be denied of hyper technical pleas - 2008(3) CPC 264 S.C.
--Complainant had to take premature retirement on account of loss of vision during eye treatment – OP directed to pay
enhanced compensation of Rs. 4,32,000/- with cost - 2009(2) CPC 636 S.C.
--Driver not having any driving license at the time of accident - Rejection of compensation by Accident Claim Tribunal
--In a case of third party risk insurer directed to pay compensation of Rs 13,32,000/- by Tribunal – High Court reduced it to Rs
6,96,000/- in violation of Section 170 of M.V. Act – Order set aside - 2009(1) CPC 11 S.C.
In case of medical negligence, adequate compensation should be provided keeping into view position of the claimant and
dependants of deceased patient - 2009(3) CPC 388 S.C.
--National Commission was not justified in awarding rupee equivalent of 1800 US$ - Compensation of 666.67 Special
Drawing Rights per package is justified under relevant Rules - 2010(1) CPC 655 S.C.
--Patient died due to transfusion of B+ blood group instead of A+ group resulting in death of patient during treatment of burns
injuries – OP directed to pay compensation of Rs. 2 lacs for committing medical negligence - 2009(2) CPC 209 S.C.
--Patient was operated upon for removal of tumour without any prior investigation – Insurance amount incurred on medicines
– Post Operative care lacking – Respondent directed to pay Rs. 1 crore with 6% p.a. interest - 2009(2) CPC 402 S.C.
--The Tribunal had wrongly applied multiplier of 11 instead of 12 to determine the compensation including total loss of
dependency and personal expenses - Claimant held entitled to Rs. 2,50,000/- with 9% interest by applying multiplier 12 in the case -
2008(2) CPC 449 S.C.
--Treatment of 7 years child adopting wrong diagnosis and O.P. falsely claiming to be child specialist – Doctor directed to pay
compensation of Rs. 4 lacs for death of child - 2009(1) CPC 612 S.C.
—Award of compensation given by Tribunal under MV Act can be executed like a civil court decree - 2008(1) CPC 203 S.C.
—Award of interest on compensation amount is not proper when benefit of increase in price of land is given by making
alternate allotment - 2004(2) CPC 493 S.C.
—Car purchased suffering from manufacturing defect - Manufacturer (not dealer) directed to refund price of car with 12%
interest and cost Rs. 50,000 - 2001(2) CPC 334 S.C.
—Child born despite tubectomy operation - O.P. liable to pay Rs. 90,000/- with 9% interest - 2005(1) CPC 84 Pb. & Hr. H.C.
—Compensation based upon report of two experts with wide difference - Award of compensation can not be sustained -
2001(2) CPC 335 S.C.
—Compensation cannot be held to be unrealistic or excessive without cogent reasons in a given case - 2000(2) CPC 508 S.C.
—Complainant was unable to use the allotted plot under litigation - Development Board had already intimated to complainant
in this regard - Compensation of Rs. 3 lacs reduced to Rs. 1 lac only - 2007(2) CPC 540 S.C.
—Death of employee earning Rs. 5,700/- per month at the age of 35 years - Compensation of Rs. 3,30,000/- justified - 1996(2)
CPC 7 S.C.
—Defective car sold as new one - Defect not removed despite request - Dealer and manufacturer directed to remove defect and
pay compensation of Rs. 90,000 - 2004(1) CPC 438 S.C.
—Delay in delivery of possession by H.U.D.A. despite payment of price - Directed to pay 15% interest on deposited amount
and refund T.D.S. etc., if deducted - 2005(1) CPC 228 S.C.
—Disproportionate compensation without indicating the basis of assessment, cannot be sustained - 1997(2) CPC 430 S.C.
—Electricity Board failed to give electric connection to applicant despite completion of all formalities - Board directed to give
connection with compensation - 2005(2) CPC 414 S.C.
—Houses were delivered in 1997 at a price agreed in 1986 when value of plot had gone up more than 10 time benefiting the
allottee - Further compensation for delayed possession declined - 2007(1) CPC 729 S.C.
—H.U.D.A. retaining excess amount without reason - Held liable to pay 12% interest on the amount for delayed period -
2004(2) CPC 289 S.C.
—Import of sugar from China to India duly covered under extended coverage - Cargo got burnt while stored in godown -
Insurance Co. directed to pay compensation of Rs. 4,94,22,000 - 2007(2) CPC 344 S.C.
—Insured consignment of timber logs lost on High Sea - Insurer directed to pay claim of the lost goods - 2001(1) CPC 2 S.C.
—National Commission determined the compensation for loss of goods caused by carrier - Order of National Commission
based upon evidence held to be justified - 2000(1) CPC 563 S.C.
—Non allotment of plot by HUDA for long - Award of 18% interest on deposit justified - 2000(1) CPC 259 S.C.
—Question of tomato seeds being defective depends on evidence which was scanty in the case - However, sum of Rs. 20,000/-
granted by Commission upheld - 1999(1) CPC 140 S.C.
—Reduction in compensation from Rs. 9 lacs to 4 lacs without discussing evidence by National Commission - Impugned order
not sustainable - 2001(1) CPC 632 S.C.
—Surgery for removing reproductive organs of woman aged 44 with the consent of her mother amounts to medical negligence
- Doctor directed to pay Rs. 25000/- as compensation - 2008(1) CPC 288 S.C.
—Tipper Truck, found to be defective covering more distance at the time of passing of order - 1/3 of compensation reduced in
appeal due to subsequent coverage - 1997(2) CPC 8 S.C.
—Undue delay in delivery of possession by H.U.D.A. - Allottee not liable to pay interest for delayed payment - Also entitled to
15% interest on deposited amount - 2005(1) CPC 203 S.C.
Compensation/interest - As compensation in a case of deficiency in housing service should be awarded according to loss
suffered by allottee - 12% interest held to be justified - 2004(2) CPC 652 S.C.
—Award of 15% interest in the form of compensation by State Commission for delayed possession - Order upheld - 2006(2)
CPC 659 S.C.
—Award of 18% interest in housing service cases cannot be granted in each and every case - Award of 12% interest with Rs.
25,000/- as cost - 2004(2) CPC 662 S.C.
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—Awarding interest at the rate of 18% per annum is not an uniform rule - It varies from fact to fact in each case - 2004(1) CPC
660 S.C.
Complaint against medical professionals - As number of private complaints against doctors are on increase - Government
should issue necessary guidelines and instructions for regulation of such complaints - 2005(2) CPC 515 S.C.
Complainant/complaint - Agreement between the parties was relating to residential house which cannot be termed as a joint
venture - Complaint under C.P. Act is maintainable - 2008(3) CPC 174 S.C.
Complaint - Complainant not clear as to whether complaint is filed in individual capacity or on behalf of Firm - Complaint
held not maintainable - 2000(1) CPC 244 S.C.
--A complaint about unfair trade practice to represent other consumers without permission u/s 13 (6) of the Act is not
maintainable - 2008(2) CPC 360 S.C.
Complex matter - Insured was misdescribed as being a teacher whereas she was a housewife - Complex matter involved in the
case - Relief cannot be granted under C.P. Act - 2006(2) CPC 668 S.C.
Compliance of legal provision - Name of retired Judge of High Court approved by Chief Justice - Appointment in accordance
with Section 16 even if name was initiated by State Government - 1996(1) CPC 274 S.C.
Complicated matter - Complicated issues with demand of huge amount involved in the complaint - Civil Court is competent
to decide such complicated matters - 2002(2) CPC 658 S.C.
--Complainant issued cheque of Rs. 9.85 lacs though he had Rs. 200/- only in his account – Cheque lost in transit – Claim for
Rs. 9.85 from bank unjustified – Matter relegated to civil court - 2009(2) CPC 679 S.C.
--Necessary evidence of parties recorded by National Commission with regard to medical procedure – Consumer jurisdiction
not barred – Parties should not be relegated to Civil Court in the name of complicated question of fact - 2009(2) CPC 402 S.C.
—Entertainment of complaint cannot be refused by Commission merely on raising a question of complicated matter - 2004(1)
CPC 1 S.C.
—Relegating the parties to civil remedy after 3 long years not proper in the name of complicated issues - 2001(2) CPC 338 S.C.
Computation of compensation - Perks paid by employer should be added in income of insured employee - Sale tax but not
medical reimbursement should be deducted to determine compensation - 2008(1) CPC 250 S.C.
Computation of period for interest - Where possession is delayed due to stay order interest for deposit such period can be
refused to allottee on the deposit - 2006(2) CPC 564 S.C.
Concealment of disease - Cancellation of policy due to concealment of pre-existing kidney disease – Insurer not bound to
renew the policy – Only payment of amount of premium justified - 2009(1) CPC 699 S.C.
Condonation of delay - Condonation of delay of 199 days in filing appeal declined in discretionary powers by N.C. -
Interference with order under Article 136 unwarranted - 2006(2) CPC 659 S.C.
--Delay of 12 years in filing complaint without sufficient cause for delay – Condonation of delay declined - 2009(2) CPC 432
S.C.
—Delay of two years in filing a complaint - Cause of action being in continuity condonation of delay justified - 2005(2) CPC
313 S.C.
Condonation - Delay of 29 days in filing revision - Sufficient reason given for delay - Delay condoned - 2004(2) CPC 704
S.C.
Conduct of party - Opposite Party held liable for defect in seeds on account of its own conduct - Cannot take shelter of legal
objections raised under Article 136 of Constitution - 1998(2) CPC 359 S.C.
Consent for termination - Presumption is that consent forms signed by parents of the patient should remain in custody of
doctor - 2002(1) CPC 112 S.C.
Consent of patient - When a patient is adult and not mentally dearranged, consent by others on his behalf is not a valid consent
- 2008(1) CPC 288 S.C.
Consignment delivery - Claimant failed to prove basic fundamental averments including non delivery of goods or loss of
goods during transit - Insurer not liable to deficiency in service - 2008(2) CPC 603 S.C.
Consignment loss – One of the containers of consignment did not reach its destination – Carrier held liable for deficiency in
service - 2010(1) CPC 655 S.C.
Constitutional duty - Electricity Board being a State within meaning of Articles 12 and 14 should discharge its statutory
function properly in matter of electricity connections - 2005(2) CPC 414 S.C.
Constitutional law - Equality clause contained in Article 14 is a heart and soul of our Constitution - 2008(2) CPC 404 S.C.
Constitutional protection - Right of accused in criminal matter regarding admissibility of evidence is protected by Article 21
of the Constitution - 2009(3) CPC 388 S.C.
Constitutionality of Section 27 - Sub Section (2) of Section 27 introduced by Amendment Act, 2002 is not violative of Article
21 of Constitution - 2006(1) CPC 615 S.C.
Constitutionality - Provisions of Sections 25 and 27 of Consumer Protection Act not violative of Sec. 21 of the Constitution -
1997(2) CPC 279 Delhi H.C.
—The mere facts that Consumer Authorities may send the matter for execution in a contingency to Civil Court does not prove
unconstitutionality of C.P. Act - 2003(1) CPC 362 S.C.
Construction Price - Escalation in construction price may vary according to period of construction - Compensation should be
awarded according to length of period in delivery of possession - 2004(1) CPC 660 S.C.
Consultation in appointment - Consultation of the Chief Justice includes that of Acting Chief Justice - 2005(1) CPC 145 S.C.
Consumer Authorities - Power of execution - Consumer Fora are empowered to execute their orders u/s 25 - They may send
a matter for execution to Civil Court when a contingency arises in this regard - 2003(1) CPC 362 S.C.
Consumer Fora - Central or State, Government should be requested to fix salary allowances of members of Consumer Fora
instead of passing an order by court itself. - 2007(2) CPC 258 S.C.
—Consumer Forum when competent to decide the dispute, should not direct a party to approach other authorities - 1997(1)
CPC 1 S.C.
Consumer jurisdiction - As consumer Forums have been set up to grant a speedy remedy - The matter requiring elaborate
evidence for its disposal should be referred to civil court - 2006(2) CPC 664 S.C.
—Dispute between members and management of Co-op. Societies - Consumer jurisdiction not ousted by provisions of the
T.N. Coop. Societies Act - 2004(1) CPC 179 S.C.
—Existence of an arbitration clause in an agreement which is subject of a complaint is no bar to entertainment of a complaint
under C.P. Act - 2000(1) CPC 679 S.C.
—For speedy proposal of the matter jurisdiction of consumer fora should be construed liberally - Where two fora have
jurisdiction complaint can be entertained by one of them - 2007(2) CPC 1 S.C.
C.P. Act - Scope of the Act is to promote welfare of the consumer - 1996(2) CPC 304 S.C.
Consumer - A person availing medical service under an insurance scheme from ESI dispensary is a consumer and services are
covered under Section 2 (1)(o) of CP Act - 2007(2) CPC 1 S.C.
--A person-depositing amount for supply of electricity is entitled to claim compensation as a consumer – As supply of
electricity is not equivalent to sale, Complaint is maintainable - 2009(2) CPC 426 S.C.
--A purchaser of site in open auction is not a consumer – Not entitled to relief - 2009(2) CPC 6 S.C.
--Complainants contributing to the provident scheme availing service of Provident Fund Commission - Complainants are
consumer under CP Act - Relief allowed - 2008(2) CPC 518 S.C.
--Delay of five years in delivery of possession of truck purchased in open auction – Complainant is a consumer within the
meaning of Section 2 (1) (d) and there is deficiency in service u/s. 2 (1) (g) of C.P. Act - 2009(3) CPC 94 S.C.
--District Forum awarded huge compensation without deciding the issue of limitation and whether complainant was a
consumer on the basis of any evidence – Order quashed – Case remanded for fresh decision - 2009(2) CPC 425 S.C.
--Landowner agreed to provide land to builder with specific terms for consideration of certain amount - Landowner is a
consumer under CP Act - 2008(2) CPC 712 S.C.
--National Commission wrongly dismissed complaint with observation that complainants were not consumer nor the
respondent was a service provider – Order set aside – Case remanded for fresh adjudication - 2009(2) CPC 453 S.C.
—Any person getting benefit of water supply against payment of water bill is a consumer - 1997(2) CPC 260 S.C.
—Machinery purchased for commercial purpose by Charitable Institution - Institution not a consumer - 2000(1) CPC 52 S.C.
Consumer Forum – Consumer Fora have all trappings of civil court but they are not civil court - 2009(3) CPC 388 S.C.
Consumer jurisdiction - Agreement between landowner and builder for construction with some considerations - Complaint
cannot be rejected on the ground that it is a case of specific performance - 2008(2) CPC 712 S.C.
-Complaint filed by member of Chit fund decided by Consumer Forum without considering question of jurisdiction - Order
quashed - Case remanded - 2008(3) CPC 201 S.C.
--Consumer agencies have no jurisdiction in the matter of disconnection of telephone for non-payment of bill – Matter should
be decided by Arbitrator u/s 7B of the Telegraph Act - 2009(3) CPC 246 S.C.
--Necessary evidence of parties recorded by National Commission with regard to medical procedure – Consumer jurisdiction
not barred – Parties should not be relegated to Civil Court in the name of complicated question of fact - 2009(2) CPC 402 S.C.
Consumer/Service - Complaint relating to deficiency in service regarding non supply of water to residents by MC cannot be
dismissed without deciding the relevant issues - 2002(2) CPC 1 S.C.
Consumer/subscriber - ‘Consumer’ under CP Act is not the same as consumer/subscriber under the TRAI Act - TRAI
includes a consumer is who commercial subscriber but it is not so under CP Act - 2007(1) CPC 517 S.C.
Contextual relation - Before consumer fora owner of vehicle and insurer are necessary parties there being no contextual
relation between insurer and third party - 2007(2) CPC 395 S.C.
Continuing cause of action - Complaint not barred by time when there is a continuity of cause of action - 2000(1) CPC 259
S.C.
—Delay of two years in filing a complaint - Cause of action being in continuity condonation of delay justified - 2005(2) CPC
313 S.C.
Contract Act - Applicability - Contract Act apply to complaints filed under the Consumer Protection Act and not only to civil
suits - 1998(1) CPC 695 S.C.
5
Contract of service - Mere non-payment of consideration does not make a contract for service free of charge - Liability cannot
be escaped on ground that freight charges were not paid - 2007(1) CPC 555 S.C.
Contract - Consumer agencies cannot award compensation in violation of terms of agreement between parties - 1997(2) CPC
64 S.C.
—Rescinding of old contract subject to payment of certain amount - Respondent not paying said amount - Old contract not
terminated by new contract - 2000(1) CPC 259 S.C.
Contractual right - Refusal to reduce maximum load from 168 KVA to 100 KVA by Board in exercise of its right under a
contract does not constitute deficiency in service - 2001(2) CPC 336 S.C.
Contradictory negligence - Death due to accident caused by service train running without light - Complainant allowed Rs.
4,75,200/- as compensation - Plea of contradictory negligence rejected - 2004(2) CPC 404 Delhi H.C.
Converter charges – Requirement of catalytic converter in car was mandatory only in Metropolitan cities – Charges on this
count from complainant is violative of Article 14 of the Constitution - 2009(3) CPC 90 S.C.
Costly treatment - It is well known these days that expenses of several hundreds or thousands are incurred on medical
treatment by patient which proves commercialization of medical treatment in the name of specialization - 2008(1) CPC 288 S.C.
Courier service - A courier is not liable for deficiency in service exceeding the limits prescribed in the contract of parties -
1997(2) CPC 64 S.C.
Court directions - Supreme Court can give necessary direction to Consumer Fora while giving an interpretation of
Constitution in appropriate cases. (per S.B. Sinha J.) - 2007(2) CPC 258 S.C.
Court’s power - A Court is empowered to decide a question even between respondent and co-respondent, to impart full justice
under O. 41 R. 33 CPC - 2000(1) CPC 42 S.C.
Criminal negligence - In a criminal negligence elements of a mens rea are to be necessarily proved - 2009(3) CPC 388 S.C.
Criminal prosecution - If no offence is made out against accused, High Court is justified in quashing criminal proceedings
pending against him - 2004(2) CPC 422 S.C.
Critical conditions of patient - Patient when brought for treatment was in critical conditions and died due to renal failure –
Patient could not be saved despite best efforts – OP not liable for any medical negligence - 2009(2) CPC 27 S.C.
Cryptic order - A cryptic order, passed by N.C. without giving reasons - Impugned order not sustainable - 2001(1) CPC 633
S.C.
Culpable homicide – Culpable homicide not amounting to murder has been defined u/s 304 of IPC which means homicide
death by rash or negligent act without any intention - 2009(1) CPC 198 S.C.
Cumulative effect – In a case of medical negligence court should deal with the consequences faced by patient, keeping into
view cumulative effect – But the doctrine of cumulative effects not available in criminal law - 2009(3) CPC 388 S.C.
Damaged by terrorists – Insured units with stock etc. set on fire by terrorists – Claim cannot be repudiated contending that
units remained closed for about 20 months – No reduction in claim is permissible on the basis of “Pilferage Theory” - 2009(1) CPC
1 S.C.
Damages - Breach of contract of sale within warranty period - Damages can be claimed but right to reject goods not accepted
- 2006(1) CPC 517 S.C.
Date of birth - OP disputed date of birth of complainants claiming payment of pension under provident fund scheme - Date of
birth already recorded in company’s record - Payment of pension cannot be denied on the basis of alleged dispute regarding date of
birth - 2008(2) CPC 518 S.C.
DDA flat – DDA failed to prove that it had served a demand notice for payment of balance installment for the 5th flat after
denial by appellant – Burden to prove lies on DDA respondent - 2009(1) CPC 144 S.C.
Death of pillion rider - Insurance contract made for purpose of covering 3rd party risk and not to cover risk of owner or pillion
rider - Deceased pillion rider being not driver of vehicle not covered under the terms of policy - Repudiation justified - 2008(2) CPC
422 S.C.
Defective construction - Construction of allotted flat found to be defective - Allotment authority directed to refund entire
amount with 18% interest and cost of Rs. 5,000 - 2004(2) CPC 476 S.C.
Defective vehicle - Tipper Truck, found to be defective covering more distance at the time of passing of order - 1/3 of
compensation reduced in appeal due to subsequent coverage - 1997(2) CPC 8 S.C.
Deficiency in service - Refusal to reduce maximum load from 168 KVA to 100 KVA by Board in exercise of its right under a
--Charging interest on interest is not a compound interest especially interest is charged in accordance with the terms of
agreement of lease – It does not constitute deficiency in service - 2009(1) CPC 596 S.C.
--Delay of five years in delivery of possession of truck purchased in open auction – Complainant is a consumer within the
meaning of Section 2 (1) (d) and there is deficiency in service u/s. 2 (1) (g) of C.P. Act - 2009(3) CPC 94 S.C.
--Respondent failed to submit bills from authorized dealer – Corporation refused to release sanctioned loan – No deficiency in
service on part of corporation proved - 2010(1) CPC 648 S.C.
Delay in disposal - Mere delay in disposal of complaint before consumer fora is no ground to dismiss the same - 2002(2) CPC
640 S.C.
Denial of Allotment - Scheme of allotment left in midway without reason - Claimant entitled to award of 18% interest on
deposit - 2004(1) CPC 660 S.C.
Denial of relief - Case remanded to HUDA for necessary relief - But Estate Officer dismissed the claim – Case remitted to
Chairman HUDA to grant relief in accordance with law with due consideration - 2009(1) CPC 709 S.C.
Determination of compensation - Compensation should be determined in a given case with an attempt to serve needs of
justice taking all relevant factors into account - 2000(2) CPC 508 S.C.
Different claimants - There were two claimants of insurance claim – Finding given in favour of one person without
considering the matter deeply – Case remitted to National Commission for fresh decision - 2009(3) CPC 733 S.C.
Directions - In a case of compensation under Motor Vehicles Act, High Court directed appellant to deposit entire amount
contrary to directions issued by the Tribunal - Impugned order set aside - Matter remitted for fresh decision - 2008(2) CPC 446 S.C.
Directory provision - Consumer fora are competent to extend period for reply by respondent beyond 45 days - Provision of
Section 13(2)(a) are directory in nature - 2002(2) CPC 670 S.C.
Discretionary powers - Condonation of delay of 199 days in filing appeal declined in discretionary powers by N.C. -
Interference with order under Article 136 unwarranted - 2006(2) CPC 659 S.C.
Dismissal for default - The question of power of State Commission to restore complaint dismissed for default involved in the
case - Due to divergent opinions in earlier cases - Matter referred to the larger Bench - 2008(1) CPC 429 S.C.
Dismissal in Default - Consumer authorities are empowered to entertain a second complaint when earlier one is dismissed in
default on good reasons only - 2000(1) CPC 334 S.C.
—Revision petition dismissed in default due to fault of National Commission not intimating next date of hearing - Recalling of
order and restoring revision held to be justified - 2000(2) CPC 581 S.C.
Dismissal in limine - Dismissal of complaint in limine without deciding relevant issues raised in complaint by MC is improper
- 2002(2) CPC 1 S.C.
Distinction of services - Contract of services differs from contract of service - Details explained - 2007(2) CPC 1 S.C.
District Forum - Government is duty bound to set up District Forums for implementation of the provision of the Act - 1993
CPC 87 S.C.
Doctor’s liability - Requisite injection was not given to save life of patient instead of power of hearing – Doctor committed no
fault – Death of patient despite best treatment does not make doctor liable for negligence - 2009(1) CPC 619 S.C.
Doctor’s negligence - Doctor left the mop in patient’s abdomen at the time of operation - Held liable for tortuous act - 1996(1)
CPC 464 S.C.
Doctor’s protection – Doctors deserves to be protected by civil society against unnecessary harassment by fictitious litigation
- 2010(1) CPC 460 S.C.
Doctrine of legitimate expectation - Complainant accepted allotment for nursing home at Rs. 3600/- per square meter -
Allotment cannot be made at old rate of Rs. 2750/- on doctrine of legitimate expectation - 2008(2) CPC 216 S.C.
Drafting of Law - Although drafting of law is the function of legislature but at the same time a role of court is not non-existent.
(per S.B. Sinha J.) - 2007(2) CPC 258 S.C.
Driving by minor - Vehicle being driven by minor resulting in death of third person – Insurer cannot be held liable for
reimbursing the sufferer - 2009(1) CPC 407 S.C.
Driving Licence - Insurer bound to prove fakeness of a driving licence - Once it is so proved renewal thereof can not cure
inherent defect of licence - 2007(2) CPC 395 S.C.
—Person driving the vehicle was not having a valid driving licence - License not renewed within time - Complaint dismissed -
2005(1) CPC 529 S.C.
—Weight of insured vehicle less than weight of a LMV - Driver having licence for LMV - Licence held to be valid -
Repudiation of claim set aside - 2000(1) CPC 14 S.C.
--As soon as, it is proved by insured that fakeness of driving license was within the knowledge of owner of insured vehicle,
insured is absolved of its liability of claim - 2009(1) CPC 46 S.C.
--Driver not having driving license when accident occurred – Repudiation of claim upheld - 2009(1) CPC 206 S.C.
--Driver of the vehicle was not having a valid license at the time of accident – Repudiation of claim justified - 2009(3) CPC 12
S.C.
--Impugned order allowing the claim based upon driving license alleged to be in the name of other person – Case remanded for
fresh adjudication - 2009(1) CPC 698 S.C.
--Insurer cannot be exonerated from liability merely on the ground that driver was not holding a valid driving license unless it
was in the knowledge of owner of vehicle - 2008(2) CPC 438 S.C.
--It is statutory liability of owner of vehicle to see that driver is holding a valid driving license - 2008(2) CPC 432 S.C.
Driving license - Repudiation of claim set aside by District Forum – Genuineness of driving license not proved – Matter requires
reconsideration – Case remanded - 2009(2) CPC 590 S.C.
—A person having license to drive light Motor Vehicle is not entitled to drive Heavy Transport Vehicle - Repudiation of claim
upheld - 2008(1) CPC 239 S.C.
6
—Fakeness or absence of driving license can be a good defence for insurer only if it constitutes a contributory cause of
accident of vehicle - 2008(1) CPC 203 S.C.
—In the absence of evidence pertaining to issuance of driving license by licensing authority - Insurance Company not liable to
pay insurance amount - 2008(1) CPC 421 S.C.
—Renewal of driving license cannot cure inherent defect where original license is fake one - 2008(1) CPC 1 S.C.
Duty of appellate Court - Once it is held that a Court does not have jurisdiction it is the obligation of the appellate court to set
aside the order under appeal irrespective of the amount involved therein - 1996(2) CPC 313 S.C.
Duty of Examiner and Education Board - It is the duty of board to give paramount consideration to ability of examiner who
should award marks to examinee in a fair manner - 2007(1) CPC 2 S.C.
Education - Admission - Student of X class of the same school cannot be denied admission to XI class by his school on the
basis of low percentage of marks even if the school is unaided recognised school - 1995(2) CPC 311 S.C.
--Bihar Educational Board delayed result of complainant’s son – Forum directed OP to pay Rs. 12,000/- with interest for delay
in result – As Board is not a service provider, impugned order was set aside - 2009(3) CPC 217 S.C.
--Institute published false advertisement – College neither affiliated nor recognized for imparting education – Respondents lost
two academic years – Deficient service proved – Institute directed to pay Rs. 1 lacs as compensation and costs of Rs. 1 lack each -
2009(1) CPC 604 S.C.
—Examiner recorded 654 marks in High School Certificate Examination whereas actual marks were 690 - Board directed to
pay Rs. 20,000/- out of which Rs. 15,000/- may be recovered from computer firm - 2007(1) CPC 2 S.C.
Electricity bill - Demand for electric consumption should be divided into two parts (i) for the period when meter was burnt and
(ii) when the meter was incorrect - In first case demand can be based on consumption but in another case matter should be referred to
Electric Inspector - 2006(1) CPC 111 S.C.
—Demand of electricity bill by Board even after expiry of 3 years prescribed for filing a suit is not against law and Board’s act
does not amount to a deficiency in service - 1997(1) CPC 251 S.C.
Electricity connection – A consumer is bound to pay minimum charges for six months counted from date of disconnection -
2010(1) CPC 80 S.C.
Electricity Load - Refusal to reduce maximum load from 168 KVA to 100 KVA by Board in exercise of its right under a
Electricity rate - Fixation of flat rate for pumping set by Government is a policy which must be followed by Electricity Board
- 1996(2) CPC 20 S.C.
Electricity - Concessional tariff to the agriculturists does not violate Article 14 - 1996(2) CPC 20 S.C.
—Consumer authority before granting any relief are bound to decide the question as to whether consumer of electricity is a
consumer under C.P. Act - 2007(2) CPC 713 S.C.
—Electricity Board failed to give electric connection to applicant despite completion of all formalities - Board directed to give
connection with compensation - 2005(2) CPC 414 S.C.
—Technical points including unauthorised consumption and tempering of meter were raised but not decided by State
Commission - Matter remitted for fresh adjudication - 2006(2) CPC 146 S.C.
--Supply of electricity is not a sale of goods – Complaint filed by consumer for delay in supply of electricity is maintainable
under CP Act - 2009(2) CPC 426 S.C.
Employee/apprentice – An apprentice is not an employee in common parlance - 2009(1) CPC 255 S.C.
Employer’s liability - Employer after undertaking to pay premium failed to pay in time - Claim on death of insured deceased
repudiated for non-payment of premium - Employer directed to compensate the complainant - 2000(1) CPC 42 S.C.
Employees quota - Two plots under general quota and employees quota – Old plot surrendered – Other cancelled due to
technical objection – HUDA directed to allot plot under employees quota - 2009(1) CPC 662 S.C.
Enhanced Price - Charging of enhanced car price due to rise in excise duty amounts to deficiency in service - 1999(2) CPC
463 S.C.
Enhancement of claim - Amount of claim, accepted under coercion - Enhancement can be allowed provided claim is proved
to have been accepted under coercion - 2008(2) CPC 1 S.C.
Erring Officials - Allotment Authority should recover amount of compensation from erring officials - 2004(1) CPC 660 S.C.
Erroneous order - An order based upon wrong interpretation treating “Remitting bank” as Collecting bank, cannot be
sustained - 1996(2) CPC 287 S.C.
—Reduction in compensation from Rs. 9 lacs to 4 lacs without discussing evidence by National Commission - Impugned order
not sustainable - 2001(1) CPC 632 S.C.
Error of judgment - Simple lack of care or error of judgment cannot be made the basis of negligence on the part of medical
professional - 2005(2) CPC 515 S.C.
--An error of judgement for treatment of patient is not negligence per se on the part of medical professional - 2009(1) CPC 198
S.C.
--Doctor cannot be held liable simply that things went wrong due to error of judgement - 2009(1) CPC 619 S.C.
--Doctors should not be penalized except on gross medical negligence on their part – Mere error of judgement does not
constitute a medical negligence - 2010(1) CPC 460 S.C.
ESI dispensary - Medical services availed from ESI dispensary under an insurance scheme - Consumer jurisdiction on
medical negligence not barred - 2007(2) CPC 1 S.C.
Estoppel - Allottee kept mum for 14 years about allotment of flat - Estopped to claim allotment as land was utilised for public
purpose - 1997(1) CPC 6 S.C.
--Once a document has been exhibited, litigants are precluded from raising objection against its admissibility on the principle
of estoppel - 2009(3) CPC 388 S.C.
Evidence - Price of flat recited in agreement - No oral evidence is permissible against the recited price - 2007(1) CPC 551 S.C.
--Bald statement of medical negligence is not sufficient to prove a case of medical negligence unless allegations are proved by
cogent evidence - 2009(2) CPC 598 S.C.
--Once appellant has denied service of notice – Burden under section 114 (f) of Evidence Act has shifted to respondent -
2009(1) CPC 144 S.C.
--Provisions of Evidence Act are not applicable to consumer proceedings which are governed by its own provision like S. 13
(4) or by principle of natural justice - 2009(3) CPC 388 S.C.
--Without appreciating proper documentary evidence, Consumer Fora cannot reach at a right conclusion regarding treatment of
a patient - 2010(1) CPC 1 S.C.
—Res ipsa loquitur is rule of evidence which is applicable in cases of tort - 2005(2) CPC 515 S.C.
Exclusion of claim - Entire stock of show room insured for Rs. 2 crore comprising basement level damaged by mob riots -
Loss to stock in basement level cannot be excluded - Full claim of Rs. 2 crores allowed - 2006(2) CPC 669 S.C.
Exclusionary clause - Exclusionary clause not disclosed to insured - Repudiation of insurance claim not justified - 1996(2)
CPC 310 S.C.
—Goods purchased for resale - Exclusionary clause of Section 2 (1) (d) (ii) attracted - 1996(1) CPC 11 S.C.
—The clause of policy must be read down so as to serve the main purpose of policy - 1996(2) CPC 1 S.C.
Execution - Order passed on application for execution - Appeal against such order not maintainable - 2005(1) CPC 328 S.C.
Exercise of power - Consumer Forum when competent to decide the dispute, should not direct a party to approach other
authorities - 1997(1) CPC 1 S.C.
Expert evidence - Evidence of expert can be taken on affidavit in consumer matter - 2002(2) CPC 640 S.C.
Expert opinion - Court is not bound by expert opinion regarding facts of reasonable care taken by doctor in treatment of
patient - 2002(1) CPC 112 S.C.
Expert report - Mere allegation that Word “Not” was added in report subsequently has no substance - Report cannot be
ignored - 2005(1) CPC 648 S.C.
Ex parte order – Ex parte order passed against appellant – Notice was issued to Advocate of appellant who had already
returned the brief and no information was conveyed to the appellant – Ex parte order set aside – Case remanded for fresh
adjudication - 2009(1) CPC 611 S.C.
Exemption from acquisition - Complainant society given benefit of exemption from acquisition – Undue advantage of
carving 151 plots also given – Non delivery of possession of one plot out of 151 does not constitute unfair trade practice on part of
OP trust - 2009(2) CPC 220 S.C.
Exhibited document – Once a document has been exhibited, litigants are precluded from raising objection against its
admissibility on the principle of estoppel - 2009(3) CPC 388 S.C.
Expert opinion – Courts are bound to accept expert opinion provided it is not limited to a mere advice - 2009(3) CPC 388 S.C.
Expert opinion – Opinion given by the expert without support of relevant record and scientific criteria, cannot be relied on -
2010(1) CPC 1 S.C.
Expert witness/ordinary witness – There is a lot of difference between the two - Court should rely on their statement with a
distinction - 2009(3) CPC 388 S.C.
Expiry of limitation - Demand of electricity bill by Board even after expiry of 3 years prescribed for filing a suit is not against
law and Board’s act does not amount to a deficiency in service - 1997(1) CPC 251 S.C.
Explanation - Explanation added to section 2 (1) (d) by amending Act, 1993 has not changed the law but has clarified it -
1995(2) CPC 2 S.C.
Extended terms of policy - Import of sugar from China to India duly covered under extended coverage - Cargo got burnt
while stored in godown - Insurance Co. directed to pay compensation of Rs. 4,94,22,000 - 2007(2) CPC 344 S.C.
Extension of period - Consumer fora are competent to extend period for reply by respondent beyond 45 days - Provision of
Section 13(2)(a) are directory in nature - 2002(2) CPC 670 S.C.
Extension of time - Balance price of plot with interest accepted by DDA after expiry of time - Deemed extension of time can
be inferred - 2001(1) CPC 636 S.C.
Extra charges for corner plot – Demand of extra charges for allotment of corner plot as per rules is not illegal even if it is a
draw of allotment by lottery - 2010(1) CPC 367 S.C.
7
Extraordinary powers - Apex Court can pass any order under its powers even independent of the Statutes under Articles 142
& 129 of Constitution - 2000(1) CPC 42 S.C.
Fair contract - Contract between a medical practitioner and his patient is not a contract of personal service - 1995(2) CPC 602
S.C.
Fake license - Insured vehicle damaged when it was being driven by a person having a fake driving license – Repudiation of
claim justified - 2010(1) CPC 334 S.C.
False affidavit - Complainant gave false affidavit stating that he had no flat in the locality - Not entitled to alternative flat -
1997(1) CPC 6 S.C.
Final settlement - Amount of claim, accepted under coercion - Enhancement can be allowed provided claim is proved to have
been accepted under coercion - 2008(2) CPC 1 S.C.
Financier’s liability – Vehicle subjected to hire purchase, person in possession of vehicle and not the financier is owner of
vehicle – Financier not liable for damage to vehicle - 2009(1) CPC 140 S.C.
Financier rights - In PIL request for determination of right of financer company, possession of vehicle was demanded -
Direction issued to RBI to frame necessary guideline - 2007(2) CPC 10 S.C.
Financial Services - Compensation granted by State Commission with 18% interest ignoring the rate of exchange and rate of
interest a matter relating to deposit in FCNR account - Matter remanded for reconsideration - 2006(2) CPC 542 S.C.
Finding of fact - Finding of fact given by authorities below against appellant - Interference in appeal declined - 2005(2) CPC
683 S.C.
Flammable articles - Flammable articles carried in insured truck against terms of policy - Repudiation of claim justified -
2000(1) CPC 5 S.C.
Flat and Plot - Delay in delivery of possession of flat is not relevant for escalation in construction price - 2004(1) CPC 660
S.C.
Foreign bank - Proceeds could not be remitted in Dollar due to policy of foreign country of consignee - Bank acting on behalf
of consigner not liable for deficient service - 2000(1) CPC 244 S.C.
Forfeiture of earnest money - Estate Officer ordered forfeiture of earnest money ignoring the fact that appellant had applied
for transfer of plot and had undertaken to deposit the amount on demand - Order of forfeiture is set aside - 2008(3) CPC 151 S.C.
Fracture in hand - Respondent/complainant suffered due to wrong treatment of his fractured hand due to medical negligence
- Doctor held liable to pay a sum of Rs. 80,000/- as compensation - 2005(2) CPC 313 S.C.
Fraud and justice - Fraud and justice never dwell together - 1996(2) CPC 287 S.C.
Fraud/Forgery - Fraud is an essential ingredient of forgery - 1996(2) CPC 287 S.C.
Free service - Services rendered by Government servant being services free of charge are excluded from the purview of the
Consumer Protection Act - 1996(2) CPC 24 S.C.
Gas connection - Indian Oil Corporation not liable for deficiency in service when an unauthorised Gas connection is given by
a dealer to a customer - 1994(1) CPC 477 S.C.
General Clauses Act - No person can be penalized for non performance of an act which is beyond his control - 2005(1) CPC
171 S.C.
Generating set defect - Diesel generating set broken down after purchase – Set purchased for Rs. 45,25,000/- but insured for
Rs. 35,00,000/- with element of under insurance – Claim of Rs. 3,71,509.50 on pro rata basis justified - 2009(2) CPC 202 S.C.
Goods - Shares for allotment of which an application is made are not goods within the meaning of Section 2 (1) (i) of the Act
- 2006(2) CPC 664 S.C.
Gross negligence – Doctors should not be penalized except on gross medical negligence on their part – Mere error of
judgement does not constitute a medical negligence - 2010(1) CPC 460 S.C.
--Medical negligence becomes a criminal negligence when elements of gross carelessness are involved therein - 2009(3) CPC
388 S.C.
Gunny stock - Stock of gunny worth Rs. 12 lacs destroyed in fire- Factory owner entitled to a claim of Rs. 11,69,994/- even
ignoring report of surveyor - 2001(2) CPC 332 S.C.
Hire purchase agreement - Hirer defaulting in making payments of installment under the agreement - Relief granted subject
to depositor of certain amount - 2007(2) CPC 10 S.C.
Hospital’s liability - Hospitals are responsible for acts of their staff in cases of medical negligence - 2004(2) CPC 675 S.C.
House allotment - Complainant making default in payment of instalments not entitled to compensation for delay in possession
of flat - 1997(1) CPC 6 S.C.
House construction - Service regarding construction of a house or a flat is a service covered under the Consumer Protection
Act - 1994(1) CPC 1 S.C.
Housing Board - Housing Board cannot be burdened with a disproportionate compensation by consumer Fora - 1997(2) CPC
430 S.C.
—The MRTP Commission based it is finding on unfair trade practice against Housing Board on no evidence - Order of
Commission set aside - 2000(2) CPC 499 S.C.
Housing - Builders constructed houses as per sanctioned plan and agreement - Minor short fall in saleable area does not
amount to deficiency in service - 1999(2) CPC 598 S.C.
H.U.D.A. plot - Allottee informed H.U.D.A. for surrender of plot within stipulated period - Delay caused due to clouser of
office - Allottee cannot be penalized for delay - 2005(1) CPC 171 S.C.
--Two plots under general quota and employees quota – Old plot surrendered – Other cancelled due to technical objection –
HUDA directed to allot plot under employees quota - 2009(1) CPC 662 S.C.
—Allottee paid substantial amount but possession was delayed by H.U.D.A. - Allottee entitled to 15% interest on deposits -
Deduction of T.D.S. by H.U.D.A. unjustified - 2004(2) CPC 692 S.C.
—Allottees allotted shop at old rate - Award of interest at the rate of 12% justified which is payable on deposits due to delay in
delivery of possession - 2005(1) CPC 246 S.C.
—Award of compensation for escalation in cost unjustified when allottee is compensated by rise in cost of land - Other
compensation upheld - 2004(2) CPC 486 S.C.
—Delay in possession despite payment of amount - H.U.D.A. directed to pay 18% interest on deposited amount - 2005(1) CPC
239 S.C.
—District Forum awarded 15% interest on deposits as possession was delayed by H.U.D.A. - Increase in rate of interest from
15% to 18% by National Commission unjustified - 2004(2) CPC 326 S.C.
—H.U.D.A. cancelled allotment forfeiting deposits unlawfully - Directed to refund amount with 15% interest and cost of Rs.
15,000 - 2004(2) CPC 317 S.C.
—H.U.D.A. failed to deliver possession despite substantial payment - Directed to pay 18% interest on deposited amount and
not to deduct T.D.S. amount - 2004(2) CPC 695 S.C.
—H.U.D.A. is not liable to pay interest on earnest money if delay in refund thereof is due to administrative exigencies and not
on account of mala fide - 1997(1) CPC 569 S.C.
—Payment of interest on deposit should be decided by Consumer Fora on the principles laid down in G.D.A. v. Balbir Singh’s
Case 2004 (1) C.P.C. 660 (S.C) - 2004(2) CPC 684 S.C.
—Possession not delivered despite payment of all dues - Compensation and cost of Rs. 52,000/- with 18% interest upheld -
2004(2) CPC 276 S.C.
—Possession not delivered despite payment of substantial amount - Allottee entitled to refund of deposited amount with 15%
interest and deducted T.D.S. with 12% interest - 2004(2) CPC 694 S.C.
—Possession not delivered despite payment - H.U.D.A. cannot charge interest on delayed payment till date of offer of
possession - 2005(1) CPC 212 S.C.
—Possession not delivered despite substantial payment - H.U.D.A. to pay 15% interest without deducting T.D.S. - 2004(2)
CPC 685 S.C.
—Rate of interest awarded at 10% per annum revised to 18% by National Commission - Rate of interest restored to 10% only
- 2004(2) CPC 360 S.C.
—Undue delay in delivery of possession by H.U.D.A. - Directed to refund the amount with 18% interest - 2005(1) CPC 223
S.C.
—Undue delay in delivery of possession despite substantial payment - H.U.D.A. directed to pay 15% interest on deposited
amount without deduction of T.D.S. - 2004(2) CPC 702 S.C.
—Undue delay in delivery of possession of plot by H.U.D.A. - H.U.D.A. made to pay compensation to Rs. 26,000/- with 15%
interest - 2004(2) CPC 308 S.C.
—Undue delay in delivery of possession of plot - H.U.D.A. directed to pay 12% interest on deposits - 2004(2) CPC 336 S.C.
Heart and soul of Constitution - Equality clause contained in Article 14 is a heart and soul of our Constitution - 2008(2) CPC
404 S.C.
Impleadment of party - No relationship of consumer and service provider between complainant and National Clearing Cell of
R.B.I. - Impleadment of cell set aside - 2004(2) CPC 311 T.N. H.C.
Increase in price - If reduction is allowed in price of land by Court - Allottee should be given the benefit - 2004(2) CPC 662
S.C.
Indemnity bond - Withdrawal of amount from complainant’s account by a wrong person - Complainant not bound to furnish
an indemnity bond before the bank for drawing decreed amount - 2001(1) CPC 2 S.C.
Independence of judiciary - In appointment of a sitting High Court Judge as President of Consumer Commission dignity and
independence of judiciary not to be ignored - 2002(2) CPC 675 S.C.
Infection – Hospital is not the place where patient is taken to become victim of infection instead of treatment - 2009(3) CPC
388 S.C.
--Measure to prevent infection not taken by doctors – It amounts to a medical negligence on their part - 2009(3) CPC 388 S.C.
8
Inference – Before drawing an inference of medical negligence court should take into account act of omission or commission
which could be the cause of death of patient - 2009(3) CPC 388 S.C.
--Balance price of plot with interest accepted by DDA after expiry of time - Deemed extension of time can be inferred - 2001(1)
CPC 636 S.C.
Infrastructure - Govt. should provide proper infrastructure for quick disposal of consumer matter - 2002(2) CPC 640 S.C.
Inherent powers - These powers spring not from legislation but from Constitution of the Tribunals to enable them to maintain
their dignity - 1996(2) CPC 287 S.C.
Injunction - There is no power of granting an ad-interim injunction under Section 14 of the Consumer Protection Act - 1994(2)
CPC 1 S.C.
Insurance claim - Claim decided on 8.4.1994 and payment was made on 8.6.1994 - Payment cannot be said to be belated to
claim any interest on insurance amount - 2007(1) CPC 6 S.C.
—Amount of claim can not exceed the price of insured stock admitted by the owner of factory - 2001(2) CPC 332 S.C.
—An insurer cannot claim to be a complainant on the basis of a letter of subrogation executed in its favour - 2000(1) CPC 304
S.C.
--Amount of claim, accepted under coercion - Enhancement can be allowed provided claim is proved to have been accepted
under coercion - 2008(2) CPC 1 S.C.
--Boiler damaged due to fire and flashover caused by short circuit – The plea that there was no sustained fire not acceptable
because even a fraction of a second in fire case is sufficient to cause a damage - 2010(1) CPC 85 S.C.
--Claim filed within prescribed period of 3 months – Repudiation of claim as barred by limitation set aside - 2009(3) CPC 555
S.C.
--Claim not pressed within prescribed period of 12 months from the date of loss – Insurer not liable to compensate the claimant
- 2009(1) CPC 274 S.C.
--Claimant failed to prove basic fundamental averments including non delivery of goods or loss of goods during transit -
Insurer not liable to deficiency in service - 2008(2) CPC 603 S.C.
--Damage caused to six poly houses only – All poly houses not covered under the policy – Claim for damage to six poly houses
--Driver of the vehicle was not having a valid license at the time of accident – Repudiation of claim justified - 2009(3) CPC 12
S.C.
--Insurance company should not disowns accepted value of insured goods of one pretext another - Depreciation of value -
Insured vehicle used for seven months - Reduction of Rs. 10,000/- from total price of Rs. 3,54,000/- held to be justified - 2008(3)
CPC 264 S.C.
--Insured concealed fact of thyroid operation at the time of policy and died within six months - Repudiation of claim justified -
2008(3) CPC 248 S.C.
--Insured gold stolen – Claim repudiated as gold was stolen from custody of apprentice who is not an employee – Repudiate
justified as apprentice is not an employee under the contract or in common parlance - 2009(1) CPC 255 S.C.
--Insured sailing vessel sank with entire cargo – Loss assessed Rs. 21,50,000 by surveyor which was accepted by National
Commission with 12% interest – Order upheld - 2009(3) CPC 103 S.C.
--Insured units set on fire by terrorists – Insured offered claim of Rs. 31,373 - Claimant entitled to compensation of Rs.
25,81,600/- on the basis of loss assessed by surveyor - 2009(1) CPC 1 S.C.
--Insured vehicle damaged when it was being driven by a person having a fake driving license – Repudiation of claim justified
- 2010(1) CPC 334 S.C.
--Insured vehicle stolen - Fora below directed insurer to pay 75% of claim amount on non-Standard basis - Order is justified as
nature of use of vehicle cannot be looked into - 2008(3) CPC 559 S.C.
--Limitation - Insured tobacco stock caught fire – Criminal proceedings against appellant dismissed in 1992 – Claim petition
filed in 1997 – Petition barred by limitation which was 2 years u/s 24-A of the Act - 2009(3) CPC 1 S.C.
--Repudiation of claim set aside by District Forum – Genuineness of driving license not proved – Matter requires
reconsideration – Case remanded - 2009(2) CPC 590 S.C.
--There were two claimants of insurance claim – Finding given in favour of one person without considering the matter deeply
– Case remitted to National Commission for fresh decision - 2009(3) CPC 733 S.C.
--Vehicle at the time of accident was carrying a marriage party being used as taxi – Repudiation of claim upheld - 2009(1) CPC
206 S.C.
--Vehicle being driven by minor resulting in death of third person – Insurer cannot be held liable for reimbursing the sufferer -
2009(1) CPC 407 S.C.
--Violation of conditions of insurance contract by owner of vehicle – Insurer cannot be held liable for deficiency in service –
However, claimant being a poor fellow, Insurer directed to pay the amount and realize the same from vehicle’s owner - 2008(3) CPC
1 S.C.
—Appellant was made to pay for medical negligence in matter duly covered by insurance policy - Insurer is liable to
compensate the appellant - 2006(2) CPC 379 S.C.
—Building with stock and machinery insured with OP covering risk of flood water etc. - Building collapsed due to heavy
floods - OP directed to make full claim of Rs.10,13,572/- as assessed by surveyor - 2007(1) CPC 265 S.C.
—Claimant could not prove that loss was caused by burglary/theft involving element of violence as given in terms of policy -
Repudiation of claim justified - 2004(2) CPC 686 S.C.
—Commission should not relegate a claimant to a civil suit on extraneous ground but should decide claim on merits - 2001(2)
CPC 373 S.C.
—Complainant failed to rebut the admission made by his brother that insured car was damaged by falling of tree due to storm
- Matter remitted for fresh adjudication -, 2005(2) CPC 310 S.C.
—Complainant failed to renew insurance policy of car for 2nd year when it was damaged - Bank not liable to pay
compensation under Motor Accident Claim Act - 1999(2) CPC 571 S.C.
—Entire stock of show room insured for Rs. 2 crore comprising basement level damaged by mob riots - Loss to stock in
basement level cannot be excluded - Full claim of Rs. 2 crores allowed - 2006(2) CPC 669 S.C.
—Exclusionary clause not disclosed to insured - Repudiation of insurance claim not justified - 1996(2) CPC 310 S.C.
—Flammable articles carried in insured truck against terms of policy - Repudiation of claim justified - 2000(1) CPC 5 S.C.
—If owner of vehicle knows that driver is not holding any license, he would be held liable and not the insurer for deficient
—In the absence of evidence pertaining to issuance of driving license by licensing authority - Insurance company not liable to
pay insurance amount - 2008(1) CPC 421 S.C.
—Insurance Company obtaining letter of subrogation after compensating consignor - Company being an assignee, in effect, is
not a consumer - 2001(2) CPC 1 S.C.
—Insurance Co. was directed to pay 18% on delayed payment - Direction of S.C. in its interim order to pay lesser interest does
not absolve the Co. from payment of 18% interest - 2001(1) CPC 280 S.C.
—Insured consignment of timber logs lost on High Sea - Insurer cannot be penalised for delay in settlement of claim due to
delay in production of documents - 2001(1) CPC 2 S.C.
--Diesel generating set broken down after purchase – Set purchased for Rs. 45,25,000/- but insured for Rs. 35,00,000/- with
element of under insurance – Claim of Rs. 3,71,509.50 on pro rata basis justified - 2009(2) CPC 202 S.C.
—Insured goods reached destination before assignment of right to recover loss was assigned - Insurer not liable for deficiency
—Insured trucks destroyed by terrorists - Claim not covered “Malicious Act” under the policy as insured trucks were destroyed
by terrorists in a disturbed area - Repudiation of claim upheld - 2000(1) CPC 598 S.C.
—Mere carrying of passengers in insured truck not sufficient to repudiate the claim - 1996(2) CPC 1 S.C.
—National Commission accepting Insurance claim by ignoring the Surveyor’s report - Non consideration of report resulting in
miscarriage of justice - Order set aside - 2001(2) CPC 340 S.C.
—Perks paid by employer should be added in income of insured employee - Sale tax but not medical reimbursement should be
deducted to determine compensation - 2008(1) CPC 250 S.C.
—Policy lapsed because of non-payment of premium - Claimant only entitled to paid up value of policy - 2004(2) CPC 303
S.C.
—Property insured against destruction due to impact by rain or road vehicle - Bulldozer moving on road caused destruction to
building - Insured held entitled to benefit of policy - 2004(1) CPC 468 S.C.
—Property loss by “Impact” by rain, road vehicle or animal covered under policy - Damage caused by roadside bulldozer -
Loss covered under policy - 2004(1) CPC 470 S.C.
—Where different interpretation are reasonally possible, one which favoured the policy-holder should be accepted - 1995(2)
CPC 14 S.C.
—Renewal of driving license cannot cure inherent defect where original license is fake one - 2008(1) CPC 1 S.C.
—Repudiation of claim by insurer taking a wrong plea of exclusionary clause is not valid - 2000(1) CPC 596 S.C.
—State Commission and High Court failed to go into objections regarding investigation report - Case remanded to State
Commission for fresh decision - 2005(2) CPC 317 S.C.
—Suppression of fact by insured not proved - Insurance claim of Rs. 1,20,77614/- for loss to mill by fire accepted - 2001(1)
CPC 625 S.C.
—Weight of insured vehicle less than weight of a LMV - Driver having licence for LMV - Licence held to be valid -
Repudiation of claim set aside - 2000(1) CPC 14 S.C.
—Where interest is not payable under the contract of insurance or any statute including Interest Act - Payment of interest on
settlement of claim unjustified - 2006(2) CPC 161 S.C.
—Wife, children and mother of assured deceased are entitled to insurance claim in equal shares as they are Class I heir under
Hindu Succession Act - 1997(1) CPC 5 S.C.
9
—Wife of deceased husband clearly stated that her assured deceased husband had committed suicide by consuming poison
which was supported by medical certificate - Repudiation of claim justified - 2006(2) CPC 662 S.C.
Insurance contract - Both parties to contract are duty bound to disclose the material facts to each other to make a contract
legally valid - 1996(2) CPC 310 S.C.
--Insurance contract made for purpose of covering 3rd party risk and not to cover risk of owner or pillion rider - Deceased
pillion rider being not driver of vehicle not covered under the terms of policy - Repudiation justified - 2008(2) CPC 422 S.C.
--Period of limitation which is shorter than that prescribed under statutory period of Limitation Act can be prescribed by parties
consenting for enforcement of an insurance contract - 2010(1) CPC 75 S.C.
Insurance Corporation - Action of Insurance Corporation in settlement of claim should be fair, just and equitable - 2008(3)
CPC 248 S.C.
Insurance policy – Cancellation of policy due to concealment of pre-existing kidney disease – Insurer not bound to renew the
policy – Only payment of amount of premium justified - 2009(1) CPC 699 S.C.
Insurance Policy - Amount of balance premium sent when assured was alive but it reached Insurer after death of assured -
Revival of Policy not allowed - Relief declined - 2008(1) CPC 419 S.C.
—As per term of insurance policy goods lying inside the premises were covered - Complainant for loss of goods lying outside
cannot be compensated - 2005(1) CPC 1 S.C.
—Difference between date of issuance of policy and its enforcement - Policy deemed to be effective from issuance of policy -
1999(1) CPC 10 S.C.
—Insured failed to pay amount of premium before due date or within grace period - L.I.C. rightly negatived the claim for
non-payment of premium in time - 2005(2) CPC 422 S.C.
Insurance Scheme - Employer after undertaking to pay premium failed to pay in time - Claim on death of insured deceased
repudiated for non- payment of premium - Employer directed to compensate the complainant after death of insured - 2000(1) CPC
42 S.C.
Insurance/equity – In contract of insurance rights of the parties are strictly governed by insurance policies and no exception or
relaxation can be made on the ground of equity - 2009(1) CPC 374 S.C.
Insurance/repudiation - Driver not having driving license when accident occurred – Repudiation of claim upheld - 2009(1)
CPC 206 S.C.
Insured truck - Insurance claim was repudiated as truck was carrying 3 passangers - Repudiation of claim unjustified as no
fare was charged by the truck owner - 1999(1) CPC 139 S.C.
Insurer as complainant – Insurer authorized by insured to file complaint against carrier – Compensation granted in favour of
insurer upheld upto the level of the National Commission – Grant of relief upheld - 2010(1) CPC 404 S.C.
Insurer’s liability - As soon as, it is proved by insured that fakeness of driving license was within the knowledge of owner of
insured vehicle, insured is absolved of its liability of claim - 2009(1) CPC 46 S.C.
--Insurer cannot be made liable automatically merely by relying on Swaran Singh’s case where a person is not third party -
2008(2) CPC 438 S.C.
--Where owner of vehicle has reimbursed third party, insurer is bound to compensate the owner of vehicle - 2009(1) CPC 140
S.C.
Interest - Consumer Fora are empowered to award interest in insurance claim in appropriate cases - 1999(2) CPC 601 S.C.
—Interest @ 12% p.a. is reasonable one on insurance amount for the delayed period - 1996(2) CPC 310 S.C.
—Question of payment of any interest on the amount paid for purchase of shares does not arise, merely that money was
deposited quite long back - 2006(2) CPC 664 S.C.
--Authorities can charge interest on balance at the rate prevailing at the time of purchase of site - 2009(2) CPC 6 S.C.
--Charging interest on interest is not a compound interest especially interest is charged in accordance with the terms of
agreement of lease – It does not constitute deficiency in service - 2009(1) CPC 596 S.C.
Interest on deposit - Scheme of allotment left in midway without reason - claimant entitled to award of 18% interest on
--Alternative plot allotted to complainant after he surrendered the earlier one - GDA is entitled to get prevailing price of second
plot without payment of interest on deposited amount - 2009(1) CPC 719 S.C.
Interim order - Consumer Forum has no jurisdiction to pass an interim order during pendency of complaint - 1996(2) CPC
602 S.C.
Interlocutory order - Revision against an interlucotory order passed by Forum is maintainable before State Commission U/s
17 (b) of C. P. Act - 2005(2) CPC 260 A.P. High Court
Interpretation - Consultation with members of Selection Committee which is destructive of judicial independence is not
mandatory in matter of appointment of President - 2005(2) CPC 143 S.C.
--Interpretation of commercial transaction should be construed like any other contract with a view to the extent of liability of
insurer - 2009(2) CPC 593 S.C.
—Provisions of an Act to be harmoniously construed to promote its objects and spirit - 1996(2) CPC 602 S.C.
—The provisions of the Consumer Protection Act have to be construed in favour of the consumer as it is a social benefit
oriented legislation - 1994(1) CPC 1 S.C.
—Two interpretations possible - One in favour of insured to be accepted - 2004(1) CPC 470 S.C.
—When two interpretations are possible, one in favour of insured should be accepted by authorities- 2004(1) CPC 468 S.C.
—While interpreting a Statute court should resort to historical, contextual and purposive interpretation including true
intentions of Legislature - 2007(2) CPC 395 S.C.
Invalid order - A standard order without discussing evidence by State Commission is not legally valid - 2000(2) CPC 586 S.C.
Judicial independence - Consultation with members of Selection Committee which is destructive of judicial independence is
not mandatory in matter of appointment of President - 2005(2) CPC 143 S.C.
Judicial review - Where action of insurance company is found to be arbitrary, judicial review of such action is permissible -
2008(2) CPC 404 S.C.
Jurisdiction - A party should not be relegated to civil jurisdiction in the name of complex issues - 2002(2) CPC 640 S.C.
--Dismissal of complaint by Commission without prior notice relegating parties to Civil Court without proper opinion as per
pleadings – Impugned Order quashed – Case remanded - 2009(1) CPC 410 S.C.
--MRTP Commission directed DDA to hand over possession of allotted plot in existing scheme or in some other scheme -
Directions should be limited to award compensation or damages alone - Commission has exceeded its jurisdictional powers - Case
remanded for fresh decision - 2008(2) CPC 527 S.C.
--Once an aggrieved party has exhausted alternative remedy under a Special Act – Complaint under CP Act is not maintainable
- 2009(3) CPC 592 S.C.
—Arbitration - Consumer Commission cannot refer a dispute for adjudication by a third party - 2000(1) CPC 679 S.C.
—Civil suit filed after filing of complaint seeking different type of relief - Consumer jurisdiction not ousted on this ground -
1999(2) CPC 468 S.C.
—Compensation claimed before Accident Claims Tribunal - Medical negligence also alleged before National Commission -
Case remitted to National Commission for proper adjudication - 2004(2) CPC 283 S.C.
—Complaint should be filed where the Regd Office of a Company is situated or where business of company is carried -
1994(2) CPC 1 S.C.
—Complicated issues with demand of huge amount involved in the complaint - Civil Court is competent to decide such
complicated matters - 2002(2) CPC 658 S.C.
—Employees of Co-operative-Bank member of Financial Scheme - Payment delayed - Complaint under Consumer Protection
Act maintainable - 2005(1) CPC 95 Kerala H.C.
—High Court gave direction to State Government to appoint five Consumer Fora in the State - Order held beyond jurisdiction
and hence set aside. (per Markandey Katju J.) - 2007(2) CPC 258 S.C.
—Insured was misdescribed as being a teacher whereas she was a housewife - Complex matter involved in the case - Relief
cannot be granted under C.P. Act - 2006(2) CPC 668 S.C.
—Insurer’s defence based on policy term and period of validity - Matter cannot be said to be of complicated nature - 1998(1)
CPC 21 S.C.
—It was alleged that matter being covered under Seed Act, consumer jurisdiction is barred - Matter left open - Liability upheld
on account of conduct of appellant - 1998(2) CPC 359 S.C.
—Motor Vehicle Act overrides the provisions of C.P. Act in motor accident cases - 1995(1) CPC 381 S.C.
—National Commission’s jurisdiction is barred in accident cases covered under the Motor Vehicle Act, 1988 - 1995(1) CPC
381 S.C.
—No provision in lease deed about maintenance of building by landlord - Matter not covered under C.P. Act - 2001(1) CPC
624 S.C.
—Non-issuance of a permit under Rice Procurement Levy Order is not a consumer dispute - 1995(2) CPC 412 S.C.
—Once it is held that a Court does not have jurisdiction it is the obligation of the appellate court to set aside the order under
appeal irrespective of the amount involved therein - 1996(2) CPC 313 S.C.
—Redressal Forums are entitled to exercise administrative jurisdiction in their respective areas of control even if there is no
provision to that effect in the Act - 1992 CPC 253 S.C.
—The Consumer Protection Act is not in derogation of any other law - Pendency of similar matter in Civil Court does not
exclude jurisdiction of Consumer Forum - 1996(1) CPC 15 S.C.
Justice delayed - Complainant relegated to civil remedy after case remained pending for 4 years - Denial of relief of such a late
stage is not proper - 1999(1) CPC 328 S.C.
10
Laboratory test - Agriculture Officer found on spot that sunflower seed had not germinated - Laboratory test of seeds is not
necessary to prove defect - 1998(2) CPC 359 S.C.
—Sample of cement sent for laboratory test - Mandatory procedure not followed - Test report cannot be relied - 2005(1) CPC
538 J & K H.C.
Landlord/tenant - No provision in lease deed about maintenance of building by landlord - Matter not covered under C.P. Act
- 2001(1) CPC 624 S.C.
Lapse of policy - Insured failed to pay amount of premium before due date or within grace period - L.I.C. rightly negatived the
claim for non-payment of premium in time - 2005(2) CPC 422 S.C.
Learner’s license - Holder of learner’s license is a ‘duly licensed’ person under MV Act - Its conditions are statutory like a
valid license - 2008(1) CPC 203 S.C.
Legal heirs - In case of medical negligence on the death of victim right to sue for compensation to survives in the legal heirs -
2006(2) CPC 667 S.C.
Legal proceedings - Proceedings initiated before the Consumer Forums are legal proceedings - Authorities under the Act have
trapping of judicial authority - 1996(2) CPC 304 S.C.
Legislation - Court cannot add or substract something while interpreting provision of a Statute - 2007(2) CPC 395 S.C.
Lesser risk – Doctors are expected to adopt a procedure which involves a lesser risk in treatment - 2010(1) CPC 460 S.C.
Liability of Insurer - In case of third party risk, insurer has to indemnify in the amount and may recover the same from the
insured - 2007(2) CPC 395 S.C.
Liability of Municipality - A Scooter rider died due to fall of banch of dangerous tree standing on road side - Municipal
Corporation directed to pay Rs. 1,44,000/- for negligence - 1999(2) CPC 442 S.C.
Liability - Complainant failed to renew insurance policy of car for 2nd year when it was damaged - Bank not liable to pay
compensation under Motor Accident Claim Act - 1999(2) CPC 571 S.C.
--It is the duty of court to judge the liability of medical staff whether it is a joint or individual in a case of medical negligence -
2009(3) CPC 388 S.C.
—Defective car sold as new one - Defect not removed despite request - Dealer and manufacturer directed to remove defect and
pay compensation of Rs. 90,000/- - 2004(1) CPC 438 S.C.
—If the act of a public servant results in harassment to any person such functionary would be personally responsible for it and
not the State - 1994(1) CPC 1 S.C.
Light Motor Vehicle - License to drive light vehicle does not include license to drive Heavy Transport Vehicle - 2008(1) CPC
239 S.C.
Limitation - Cause of action arose in 1992 complaint filed within 3 years held to be within time when Section 24-A was not
applicable - 1999(2) CPC 465 S.C.
--Cause of action arose on 7.6.1994 – Complaint filed on 5.5.1997 – No satisfactory reason given for delay – Complaint
dismissed as time barred - 2009(2) CPC 1 S.C.
--Cheque presented on 17.4.1997 for encashment – Final denial for encashment given on 20.2.1999 by Bank Manager – Cause
--Claim filed within prescribed period of 3 months – Repudiation of claim as barred by limitation set aside - 2009(3) CPC 555
S.C.
--Claim repudiated in 1988 but complaint filed in 1994 when limitation period was 3 years – Complaint dismissed as time
barred - 2009(1) CPC 274 S.C.
--Complaint against OP for non delivery of consignment in time – Complaint cannot be dismissed on ground that limitation is
not filed within one year prescribed by Carriage of Goods by Sea Act, 1925 - 2009(3) CPC 378 S.C.
--Complaint dismissed on ground of limitation even without notice to complainant – Order set aside – Case remanded for fresh
decision - 2009(3) CPC 99 S.C.
--Delay of 62 days mentioned in office order but in the main order, it was reported as barred by 240 days without explanation –
Order set aside – Case remanded - 2009(1) CPC 581 S.C.
--Insurance – Insured tobacco stock caught fire – Criminal proceedings against appellant dismissed in 1992 – Claim petition
filed in 1997 – Petition barred by limitation which was 2 years u/s 24-A of the Act - 2009(3) CPC 1 S.C.
--Period of limitation which is shorter than that prescribed under statutory period of Limitation Act can be prescribed by parties
consenting for enforcement of an insurance contract - 2010(1) CPC 75 S.C.
—Complaint filed after delay of one decade - Complaint liable to be dismissed on point of limitation - 2000(1) CPC 244 S.C.
—Complaint filed within two years from date of receipt of letter intimating loss of goods to consignor - Complaint not barred
by limitation - 2007(1) CPC 555 S.C.
—Complaint not barred by time when there is a continuity of cause of action - 2000(1) CPC 259 S.C.
—Delay of 29 days in filing revision - Sufficient reason given for delay - Delay condoned - 2004(2) CPC 704 S.C.
—Delay of 4 years in filing claim petition after lodgement of claim with manufacturer - No acknowledgment of liability proved
- Petition dismissed as time barred - 2002(1) CPC 542 S.C.
—Limitation for filing an appeal against order of District Forum starts from the date of delivery of copy of order and not from
its pronouncement - 1995(2) CPC 277 S.C.
—Limitation for filing complaint for insurance claim was 3 years before the Amending Act, 1993 i.e. 18.6.1993 - 1997(2) CPC
1 S.C.
—Period for filing a claim against municipality for committing negligence is 2 years under Act 82 of Limitation Act - 1999(2)
CPC 442 S.C.
—Period spent between filing of claim before consumer forum and disposal of matter by the highest court should be excluded
when civil court is approached for relief - 2006(2) CPC 664 S.C.
—Time spent in consumer proceedings should be excluded for seeking relief from a Civil Court - 1995(2) CPC 2 S.C.
Loan for Industry – Respondent failed to submit bills from authorized dealer – Corporation refused to release sanctioned loan
– No deficiency in service on part of corporation proved - 2010(1) CPC 648 S.C.
Loss and injury - Type of loss and injury under different heads should be taken into consideration for determination of
compensation - 2004(1) CPC 660 S.C.
Loss by fire - Suppression of fact by insured not proved - Insurance claim of Rs. 1,20,77614/- for loss to mill by fire accepted
- 2001(1) CPC 625 S.C.
Loss of vision – Complainant had to take premature retirement on account of loss of vision during eye treatment – OP directed
to pay enhanced compensation of Rs. 4,32,000/- with cost - 2009(2) CPC 636 S.C.
Mala fide act - Collector not taking action against registering officer treating a conveyance deed as a will - Collector not liable
to any legal action unless act of officer is found to be mala fide - 1996(1) CPC 1 S.C.
Malicious prosecution – Malicious prosecution of doctors should be discarded by the civil society - 2010(1) CPC 460 S.C.
Manufacturer’s liability - Delay of one year in informing about bursting of pressure cooker - Manufacturer held not liable -
2000(1) CPC 1 S.C.
—No price printed on the Kodak Film package - Manufacture/distributor held liable for deficient service - 2000(1) CPC 9 S.C.
Manufacturing defect - Appellant dealer carried necessary repairs free of charge during warranty period - Replacement of
vehicle cannot be directed - Only the defective parts to be replaced - 2006(1) CPC 652 S.C.
—Defect in a EPABX Telephone system found during extended period for warranty - OP directed to refund price of system
with 12% interest - 2006(1) CPC 517 S.C.
Mechanical order - Order passed with blanket observations, without going into pleadings, cannot be sustained - 1996(1) CPC
9 S.C.
Medical ethics - A doctor is duty bound to keep secrecy of disease of a patient - But this rule is not absolute - Public interest
cannot be ignored - 1999(1) CPC 1 S.C.
Medical negligence - A Homeopathy applying Allopathic system of treatment - Held guilty of medical negligence - 1996(2)
CPC 7 S.C.
—A person availing medical service under an insurance scheme from ESI dispensary is a consumer and services are covered
under Section 2 (1)(o) of CP Act - 2007(2) CPC 1 S.C.
—Allegations of medical negligence in performance of operation - At the time of discharge patient was not suffering from
ailment - No case of negligence made out against hospital - 2006(1) CPC 394 S.C.
--Complainant had to suffer two abortions due to wrong blood group – OP directed to pay Rs. 1 lac for medical negligence -
2009(2) CPC 698 S.C.
--Complainant had to take premature retirement on account of loss of vision during eye treatment – OP directed to pay
enhanced compensation of Rs. 4,32,000/- with cost - 2009(2) CPC 636 S.C.
--Displacement of fracture due to muscular spasm and not due to rough handling by medical staff – No case of medical
negligence proved - 2009(2) CPC 598 S.C.
--Patient died due to transfusion of B+ blood group instead of A+ group resulting in death of patient during treatment of burns
injuries – OP directed to pay compensation of Rs. 2 lacs for committing medical negligence - 2009(2) CPC 209 S.C.
--Patient suffering disease of Toxic Epidermal Necrolysis (TEN) was given wrong injection and steroid continuously for three
days, resulting in death of patient – OP is guilty of medical negligence - 2009(3) CPC 388 S.C.
--Patient suffering from blood pressure – Surgery was conducted after abdominal tumor was detected after report of ultrasound
and CT scan – Patient could not be saved despite best treatment – Order of National Commission dismissing complaint, upheld -
2010(1) CPC 460 S.C.
--Patient was operated upon for removal of tumour without any prior investigation – Insurance amount incurred on medicines
– Post Operative care lacking – Respondent directed to pay Rs. 1 crore with 6% p.a. interest - 2009(2) CPC 402 S.C.
--Patient when brought for treatment was in critical conditions and died due to renal failure – Patient could not be saved despite
best efforts – OP not liable for any medical negligence - 2009(2) CPC 27 S.C.
--Requisite injection was not given to save life of patient instead of power of hearing – Doctor committed no fault – Death of
patient despite best treatment does not make doctor liable for negligence - 2009(1) CPC 619 S.C.
--Sudden death of patient after administration of three injections by doctor – Offence under section 304A of IPC established
where accused can be summoned by the court - 2009(1) CPC 198 S.C.
11
--Treatment of 7 years child adopting wrong diagnosis and O.P. falsely claiming to be child specialist – Doctor directed to pay
compensation of Rs. 4 lacs for death of child - 2009(1) CPC 612 S.C.
--Treatment of teeth of complainant’s daughter was left in midway causing pain and mental agony – In the absence of expert
evidence only sum of Rs. 14,000 was granted as compensation - 2009(2) CPC 229 S.C.
—Appellant was made to pay for medical negligence in matter duly covered by insurance policy - Insurer is liable to
compensate the appellant - 2006(2) CPC 379 S.C.
—Child born after sterilisation of respondent woman - Director held liable for medical negligence - 2000(1) CPC 574 S.C.
—Child born despite tubectomy operation - O.P. liable to pay Rs. 90,000/- with 9% interest - 2005(1) CPC 84 Pb. & Hr. H.C.
—Compensation claimed before Accident Claims Tribunal - Medical negligence also alleged before National Commission -
Case remitted to National Commission for Proper adjudication - 2004(2) CPC 283 S.C.
—Complainant with serious head injuries refused admission in Govt. Hospital due to non availability of bed - State held liable
for deficiency in service - 1996(2) CPC 154 S.C.
—Complaint regarding medical negligence is not barred by mere raising plea of complex issue in the case - 2002(2) CPC 640
S.C.
—Consumer Forums are competent to decide the cases of medical negligence - 1994(2) CPC 533 M.P. High Court
—Criminal proceedings against doctor quashed without affording proper opportunity to complainant - Order quashed -
2004(1) CPC 468 S.C.
—Death of patient due to medical negligence in performance of operation - Doctor cannot be prosecuted for criminal liability
- Proper course is to seek compensation in Civil Court - 2004(2) CPC 422 S.C.
—Doctor cannot conduct operation without prior consent of patient with the plea that it is beneficial to patient except where the
life of patient is in danger - 2008(1) CPC 288 S.C.
—Doctor committed medical negligence causing paralysis in body and removing kidney illegally - Complainant held entitled
to a reasonable compensation in the case - 2000(2) CPC 508 S.C.
—Doctor delegated work of injection to unqualified nurse resulting permanent disability to minor patient - Doctor cannot
escape liability for medical negligence - 1998(1) CPC 423 S.C.
—Government doctors cannot be immuned from tortuous act on the ground of being employee of Sovereign State - 1996(1)
CPC 464 S.C.
—In case of medical negligence on the death of victim right to sue for compensation to survives in the legal heirs - 2006(2)
CPC 667 S.C.
—Non appearance of doctor in the case proved medical negligence in the case - Doctor rightly directed to pay Rs. 7 lacs as
compensation in ex parte order - 1999(1) CPC 595 S.C.
—Patient died due to non-availability of oxygen gas cylinder - Hospital can be tried in civil law - Prosecution of doctor under
IPC not justified - 2005(2) CPC 515 S.C.
—Pregnancy case - Removal of uterus - The doctor performed operation for removal of uterus of woman with reasonable care
using traditional method of carrying abortion - Doctor not liable for deficiency in service - 2002(1) CPC 112 S.C.
—Respondent/complainant suffered due to wrong treatment of his fractured hand due to medical negligence - Doctor held
liable to pay a sum of Rs. 80,000/- as compensation 2005(2) CPC 313 S.C.
—Treatment by a person not possessing medical qualification - Deficiency in service proved - 1996(2) CPC 7 S.C.
—Treatment given to wife of railway employee in Railways Hospital which resulted in her death - As Medical treatment is part
of Railway service, it does not amount to free service - Case remanded - 2006(2) CPC 527 S.C.
Medical opinion - Difference of medical opinion amongst the experts on procedure to be adopted, does not constitute a
medical negligence - 2002(1) CPC 112 S.C.
Medical practice - Service rendered by Govt. Hospital or other doctors even if service is rendered free of charge where
charges are require to be paid come within purview of ‘service’ under the Act - 1995(2) CPC 602 S.C.
Medical professionals - Simple lack of care or error of judgment cannot be made the basis of negligence on the part of medical
professional - 2005(2) CPC 515 S.C.
Medical service - Service rendered by a medical practitioner to a patient is a service under Section 2 (1)(o) of C.P. Act -
1995(2) CPC 602 S.C.
Medi-claim policy - High Court committing error in directing appellant to take fresh policy in contradiction of it is own order
- Impugned order set aside by Supreme Court - 2001(2) CPC 477 S.C.
--Insured concealed chronic disease of diabetes of renal failure when taking the policy – Repudiation of claim in medi-claim
policy justified - 2009(3) CPC 6 S.C.
Mens rea – In a criminal negligence elements of a mens rea are to be necessarily proved - 2009(3) CPC 388 S.C.
Militant activities – Insured units could not operate due to militant activities – No fault can be found with complainant for
suspending operation of units – Claim allowed - 2009(1) CPC 1 S.C.
Miscarriage of justice - National Commission accepting Insurance claim by ignoring the Surveyor’s report - Non
consideration of report resulting in miscarriage of justice - Order set aside - 2001(2) CPC 340 S.C.
Misleading advertisement - National Commission issued direction regarding corrective advertisement relating to cigarette
advertisement by film star - No injury suffered by complainant due to the advertisement - Order set aside - 2008(2) CPC 360 S.C.
Natural justice - Termination of an agreement without serving proper show cause notice regarding unfair trade practice held
to be unjustified - 2001(1) CPC 403 S.C.
Necessary equipment – When necessary equipment in hospital are not available, it cannot be claimed that he committed
negligence in not using the necessary equipment - 2009(1) CPC 619 S.C.
Negligence – Negligence is an omission to do something which a reasonable and prudent man would not do - 2009(1) CPC 198
S.C.
--A Scooter rider died due to fall of banch of dangerous tree standing on road side - Municipal Corporation directed to pay Rs.
1,44,000/- for negligence - 1999(2) CPC 442 S.C.
—The expression does not exempt a carrier for loss of goods due to his own negligence - 2000(2) CPC 1 S.C.
New plea - National Commission accepting a new plea in appeal allowed the appeal giving relief to appellant - Impugned order
not legally sustainable - 2000(1) CPC 596 S.C.
Non compliance - Six months’ imprisonment for non-compliance of order - Mere deposit of amount with full compliance of
order is of no consequence - 2006(2) CPC 657 S.C.
Non compliance of order - MRTP Commission is empowered to investigate in the facts of a case where order has not been
complied with - 2008(2) CPC 650 S.C.
Non-joinder - Non-joinder or mis-joinder of parties alone is no ground to dismiss a petition under C.P. Act keeping into view
protection of consumer’s interest - 2004(2) CPC 675 S.C.
Non prosecution of case - Appellant not appearing due to old age and ill health - Appeal dismissed for non prosecution of the
case - 2001(1) CPC 1 S.C.
Non release of loan - Respondent failed to submit bills from authorized dealer – Corporation refused to release sanctioned
loan – No deficiency in service on part of corporation proved - 2010(1) CPC 648 S.C.
Non standard claim – Even where there is a violation of terms of policy, claimant is entitled to 75% payment of total claim on
non-standard basis - 2010(1) CPC 653 S.C.
--Insured vehicle stolen - Fora below directed insurer to pay 75% of claim amount on non-Standard basis - Order is justified as
nature of use of vehicle cannot be looked into - 2008(3) CPC 559 S.C.
Notice of loss - Carrier informed consignor that he was in process of locating goods for which consignor should wait - Non
issue of notice of loss under Carrier Act does not invalidate complaint - 2007(1) CPC 555 S.C.
N.S.C. - Mistake in printed N.S.C. form about rate of interest - Non payment of interest is not a deficient service - 1995(2) CPC
316 S.C.
Offence/negligence - Act of negligence under CP Act does not constitute an offence u/s 304A where standard of proof is
different - 2009(3) CPC 388 S.C.
Offer of possession - Where allottee does not take possession of plots after offer of possession and not assign any reason then
interest will be payable from date of deposit upto date of offer of possession - 2006(2) CPC 564 S.C.
Onus - Burden of proving a fact regarding negligence by carriers lies upon the insurer which could be shifted to the carriers by
applying provisions of common law - 2000(1) CPC 562 S.C.
--Onus lies on claimant to prove medical negligence which can be discharged only by leading cogent evidence - 2009(2) CPC
598 S.C.
—Goods entrusted to carrier damaged causing loss to plaintiff - It is not necessary for plaintiff to establish the fact of
negligence when the case is covered under Carriers Act - 2000(1) CPC 563 S.C.
—Insurer bound to prove fakeness of a driving licence - Once it is so proved renewal thereof can not cure inherent defect of
licence - 2007(2) CPC 395 S.C.
—Onus lies on insurer to prove that invalidity of driving license was the main cause of accident - 2008(1) CPC 203 S.C.
Opportunity - Criminal proceedings against doctor quashed without affording proper opportunity to complainant - Order
quashed - 2004(1) CPC 468 S.C.
Order - Validity - National Commission failed to decide disputed question as pleaded in petition - Matter requires fresh
adjudication - Case remanded - 2000(2) CPC 1 S.C.
Order/decree - District Forum permitted allottee to remove defects of flat leaving the quantification of the amount to
executing court - Order not legally sustainable as it amounts to a decree - 2006(2) CPC 568 S.C.
Passengers in truck - Insurance claim was repudiated as truck was carrying 3 passengers - Repudiation of claim unjustified as
no fare was charged by the truck owner - 1999(1) CPC 139 S.C.
Passenger’s loss - Unruly mob looted complainant’s valuables on Amedkar’s day which was a part of recurring phenomenon
every year - Railway is at fault for not taking precautionary measure - 2004(1) CPC 673 S.C.
Payment of interest - Delay in possession of plot due to land acquisition proceedings - Authorities not liable to pay interest on
12
—Direction of National Commission to pay 18% on delayed payment by Insurance Company is justified - 2001(1) CPC 280
S.C.
—HUDA is not liable to pay interest on earnest money if delay in refund thereof is due to administrative exigencies and not on
account of mala fide - 1997(1) CPC 569 S.C.
—Interest on insurance amount directed to be paid from date of filing of complaint instead from date of order of Commission
- 2001(2) CPC 332 S.C.
—Payment of interest on interest is not legally sustainable - Also interest @ 18% on deposit for electric connection is on higher
side and reduced to 7% only - 2006(2) CPC 666 S.C.
—Where allottee does not take possession of plots after offer of possession and not assign any reason then interest will be
payable from date of deposit upto date of offer of possession - 2006(2) CPC 564 S.C.
—Where interest is not payable under the contract of insurance or any statute including Interest Act - Payment of interest on
settlement of claim unjustified - 2006(2) CPC 161 S.C.
Payment of premium - Insured failed to pay amount of premium before due date or within grace period - L.I.C. rightly
negatived the claim for non-payment of premium in time - 2005(2) CPC 422 S.C.
Pecuniary jurisdiction - After amendment of C. P. Act claims of Rs. 10 lacs comes within the pecuniary of State Commission
- 2005(2) CPC 317 S.C.
Penal costs - Delay in decision due to negligence of appellant conveying information qua decision of Foreign Court -
Appellant to pay Rs. 5,000/- as costs – Prestigehm - 2001(1) CPC 631 S.C.
Penal interest - Amount lying as bank guarantee for 7 years - Bank not liable to pay penal interest - Only 15% P.A. interest
allowed - 1999(2) CPC 574 S.C.
Penalty - Six months’ imprisonment for non-compliance of order - Mere deposit of amount with full compliance of order is of
no consequence - 2006(2) CPC 657 S.C.
—Penalty and sentence imposed for non-compliance of order - Penalty paid - Order of sentence stayed by Appellate Court -
1998(1) CPC 1 S.C.
Pendency of litigation - Jurisdiction Civil suit filed after filing of complaint seeking different type of relief - Complaint under
C.P. Act maintainable - 1999(2) CPC 468 S.C.
Period of settlement - Mere delay of few months in settlement of claim by insurer, does not constitute a deficiency in service
- 1999(2) CPC 601 S.C.
Permanent disability - Minor child suffered permanent disability due to wrong injection given by unqualified nurse - Both
parents and child entitled to be compensated - 1998(1) CPC 423 S.C.
Personal service - A service is personal service where contract of service can be enforced under the Specific Relief Act -
1995(2) CPC 602 S.C.
—Personal service is a service where the rights to seek enforcement of such a contract can be enforced under the Specific
Relief Act - 1996(2) CPC 24 S.C.
—Service rendered to the patient by a doctor, other than para medical service is a personal service and is outside of the ambit of
the Consumer Protection Act - 1994(2) CPC 661 Madras H.C.
Pleading - No plea of fraud taken in complaint about final settlement of claim - Insurer not liable to pay additional claim -
1999(2) CPC 601 S.C.
Plot cancellation - Two plots under general quota and employees quota – Old plot surrendered – Other cancelled due to
technical objection – HUDA directed to allot plot under employees quota - 2009(1) CPC 662 S.C.
Post operative ailments - Patient not suffering ailment at the time of discharge - Hospital not liable for post operation ailment
suffered by patient - 2006(1) CPC 394 S.C.
Post operative care - Patient was operated upon for removal of tumour without any prior investigation – Insurance amount
incurred on medicines – Post Operative care lacking – Respondent directed to pay Rs. 1 crore with 6%p.a. interest - 2009(2) CPC
402 S.C.
Power of MRTP Commission - Object of MRTP Act is to ensure proper operation of economic system and to prohibit
restrictive trade practices against pubic interest - 2008(2) CPC 650 S.C.
Practice – Period of limitation of one year under Carriage of Goods by Sea Act is not applicable to CP Act which prescribes 2
years as period of limitation u/s 24-A - 2009(3) CPC 378 S.C.
Practice and procedure – Insurer filed appeal under M.V. Act without obtaining leave u/s. 170 of the Act - Reduction in
compensation by High Court suffers from illegalities - 2009(1) CPC 11 S.C.
--Consumer fora are competent to extend period for reply by respondent beyond 45 days - Provision of Section 13(2)(a) are
directory in nature - 2002(2) CPC 670 S.C.
—Relegating the parties to civil remedy after 3 long years not proper in the name of complicated issues - 2001(2) CPC 338 S.C.
—The Commission referring the matter to a third party for adjudication and putting its own seal without applying its mind,
practice is unwarranted and unjustified - 2000(1) CPC 679 S.C.
Precedent - Order passed by co-ordinate Bench should not be criticised by Bench dealing with the matter. (per Markandey
Katju J.) - 2007(2) CPC 258 S.C.
Premature decision - A decision on nature of case without calling Opposite Parties in a premature decision and not
sustainable - 2004(1) CPC 1 S.C.
President of State Commission - Chief Justice of H.C. can initiate process in appointment of President of State Commission
without consulting Secretaries of Govt. - 2005(2) CPC 143 S.C.
Pressure Cooker - Delay of one year in informing about bursting of pressure cooker - Manufacturer held not liable - 2000(1)
CPC 1 S.C.
Presumption of death - Presumption of date and time of a person not heard for seven years cannot be drawn - Onus lies upon
person who asserts it - 2004(2) CPC 303 S.C.
Presumption - Court is not bound by expert opinion regarding facts of reasonable care taken by doctor in treatment of patient
- 2002(1) CPC 112 S.C.
Prevailing price - Alternative plot allotted to complainant after he surrendered the earlier one - GDA is entitled to get
prevailing price of second plot without payment of interest on deposited amount - 2009(1) CPC 719 S.C.
Price List - Dealers are duty bound to mention in the price list that goods will not be sold lower than those shown in the price
list so that consumers may not be misled - 1993 CPC 264 S.C.
Price on package - No price printed on the Kodak Film package - Manufacture/distributor held liable for deficient service -
2000(1) CPC 9 S.C.
Printing press - Replacement of defective printing press after three years not permissible where warranty had expired -
2000(1) CPC 3 S.C.
Procedure - An order passed by members of Commission in the absence of President does not become invalid - Commission
does not become non functional in his absence - 1996(2) CPC 602 S.C.
—Name of retired Judge of High Court approved by Chief Justice - Appointment in accordance with Section 16 even if name
was initiated by State Government - 1996(1) CPC 274 S.C.
—Provisions of C.P.C. are applicable to consumer proceedings only to a limited extent - 2000(1) CPC 334 S.C.
Pro-rata basis – Diesel generating set broken down after purchase – Set purchased for Rs. 45,25,000/- but insured for Rs.
35,00,000/- with element of under insurance – Claim of Rs. 3,71,509.50 on pro rata basis justified - 2009(2) CPC 202 S.C.
Prosecution - Mere reckless performance of surgery is no ground to start prosecution against doctor - But compensation for
civil liability can be claimed - 2004(2) CPC 422 S.C.
Provident Fund - Employee member of Provident Fund Scheme is a consumer and ‘service’ is for ‘consideration’ - Family
members of employee being beneficiary are consumer - 2000(1) CPC 250 S.C.
Public interest - Doctor disclosing patients ailment of AIDS - Disclosure in public interest - Doctor committed no fault -
1999(1) CPC 1 S.C.
Public utility service - The contract of insurance services does not fall within the purview of pubic utility service in view of
section 20 of Legal Services Act, 1987 - 2008(2) CPC 404 S.C.
P.U.D.A. plot - Allotment made on the basis of tentative price - Demand of increased price by PUDA not unjustified - 2006(1)
CPC 655 S.C.
fault - Interest reduced from 18% p.a. to 10% pa. and cost set aside - 2008(3) CPC 219 S.C.
--PUDA could not deliver possession of plots due to order of status quo passed by the High Court – Relief in interest for
delayed possession un-warranted - 2009(3) CPC 92 S.C.
Quack - A person doing medical practice without requisite qualification is a quack - 1996(2) CPC 7 S.C.
Quantum of compensation – Patient became permanently disabled confined to wheelchair for whole life due to negligent
operation of tumour – Complainant aged 40 yrs earning Rs. 28 lacs p.a. – Quantum of compensation at Rs. 1 crore justified - 2009(2)
CPC 402 S.C.
Quasi-judicial Tribunal - Consumer Forums/Commissions are quasi judicial tribunals empowered to deliver a speedy justice
to consumer - 1995(2) CPC 2 S.C.
Railway Journey - Complainant’s valuable luggage looted by violent mob - State Commission rightly awarded compensation
of Rs. 1,41,756 - Order of National Commission set aside - 2004(1) CPC 673 S.C.
Railways - Death due to accident caused by service train running without light - Complainant allowed Rs. 4,75,200/- as
compensation - Plea of contradictory negligence rejected - 2004(2) CPC 404 Delhi H.C.
Rate of interest - 12% p.a. interest on amount of claim on higher side - Reduced to 9% only - 2005(2) CPC 414 S.C.
—Allottee itself defaulter in payment of installments - Claim of interest or compensation for delayed possession unjustified -
2007(1) CPC 729 S.C.
—Allottees allotted shop at old rate - Award of interest at the rate of 12% justified which is payable on deposits due to delay in
delivery of possession - 2005(1) CPC 246 S.C.
fault - Interest reduced from 18% p.a. to 10% pa. and cost set aside - 2008(3) CPC 219 S.C.
13
--In allotment cases rate of interest may be different from that stipulated in allotment letter - The different rate of interest can be
imposed on defaulter in cases of allotment by HUDA, but interest should not be unreasonable – 2008(3) CPC 202 S.C.
—Amount lying as bank guarantee for 7 years - Bank not liable to pay penal interest - Only 15% P.A. interest allowed -
1999(2) CPC 574 S.C.
—As compensation in a case of deficiency in housing service should be awarded according to loss suffered by allottee - 12%
interest held to be justified - 2004(2) CPC 652 S.C.
—Award of 18% in housing services cases cannot be granted - It depends upon facts of each and every case - 12% interest held
—Award of 18% interest in cases of housing service cannot be granted in each case - 10% interest upheld - 2004(2) CPC 656
S.C.
—Award of interest at the rate of 15% was revised to 18% by National Commission - Interest reduced to 15% only - 2004(2)
CPC 346 S.C.
—Delay in possession despite payment of amount - H.U.D.A. directed to pay 18% interest on deposited amount - 2005(1) CPC
239 S.C.
—District Forum awarded 15% interest on deposits as possession was delayed by H.U.D.A. - Increase in rate of interest from
15% to 18% by National Commission unjustified - 2004(2) CPC 326 S.C.
—Enhancement of rate of interest to 18% per annum in each and every case of allotment is not proper - 2004(2) CPC 286 S.C.
—H.U.D.A. cancelled allotment forfeiting deposits unlawfully - Directed to refund amount with 15% interest and cost of Rs.
15,000/- - 2004(2) CPC 317 S.C.
—H.U.D.A. committed fault by not delivering possession of plot - Directed to pay 18% interest on deposited amount -2005(1)
CPC 241 S.C.
—H.U.D.A. retaining excess amount without reason- Held liable to pay 12% interest on the amount for delayed period -
2004(2) CPC 289 S.C.
—If a Scheme of Allotment is cancelled, Appellants to hand over proper calculation sheet of interest is bound amount to his
satisfaction - 2004(2) CPC 460 S.C.
—In award of compensation by consumer agency, rate of interest should be 12% p.a. instead of 18% p.a. - 2008(1) CPC 434
S.C.
—Insurance Co. directed to pay 18% on delayed payment - Direction of S.C. in its interim order to pay lesser interest on
principal amount at 12% does not absolve the Co. from payment of 18% interest - 2001(1) CPC 280 S.C.
—Interest at the rate of 18% per annum on deposits cannot be granted in all cases of allotment - 2004(2) CPC 275 S.C.
—Non allotment of plot by HUDA for long - Award of 18% interest on deposit justified - 2000(1) CPC 259 S.C.
—Non-delivery of possession by H.U.D.A. despite payment - Directed to pay 15% interest on deposited amount - 2005(1)
CPC 212 S.C.
—Non-delivery of possession of plot by H.U.D.A. - H.U.D.A. directed to deliver possession with 15% interest on deposit -
2004(2) CPC 671 S.C.
—Opposite party directed to pay compensation of Rs. 17,500/- for defect in paddy seeds - Interest reduced from 18% to 12%
per annum only - 2004(2) CPC 1 S.C.
—Payment of interest at the rate exceeding 12% P.A. on amount deposited by allottee is not justified - 2006(2) CPC 662 S.C.
—Payment of interest at the rate of 18% per annum on deposit by allottee allowed - No T.D.S. can be deducted on the interest
amount - 2004(2) CPC 451 S.C.
—Payment of interest on interest is not legally sustainable - Also interest @ 18% on deposit for electric connection is on higher
side and reduced to 7% only 2006(2) CPC 666 S.C.
—Possession not delivered despite payment of substantial amount - Allottee entitled refund of deposited amount with 15%
interest and deducted T.D.S. with 12% interest - 2004(2) CPC 694 S.C.
—Rate of interest allowed at 15% by District Forum on deposited amount and revised to 18% per annum by National
Commissioner - 10% interest held to be justified - 2004(2) CPC 367 S.C.
—Rate of interest awarded at 10% per annum revised to 18% by National Commission - Rate of interest restored to 10% only
- 2004(2) CPC 360 S.C.
—Rate of interest revised from 10% to 18% on deposit by National Commission - Increase in interest unjustified - 2004(2)
CPC 354 S.C.
—Rate of interest revised from 15% to 12% by National Commission in a case of allotment - Rate of interest reduced to 12% as
per latest law on the subject - 2004(2) CPC 321 S.C.
—Undue delay in delivery of possession by H.U.D.A. - Directed to refund the amount with 18% interest - 2005(1) CPC 223
S.C.
—Undue delay in delivery of possession by H.U.D.A. - Payment of 15% interest on deposit justified - 2004(2) CPC 684 S.C.
—Undue delay in delivery of possession of plot by H.U.D.A. - H.U.D.A. made told pay compensation to Rs. 26,000/- with
15% interest - 2004(2) CPC 308 S.C.
—Undue delay in delivery of possession of plot - H.U.D.A. directed to pay 12% interest on deposited amount - T.D.S. not to be
deducted - 2004(2) CPC 622 S.C.
—Undue delay in delivery of possession of plot - H.U.D.A. directed to pay 12% interest on deposits - 2004(2) CPC 336 S.C.
—Undue delay in delivery of possession - Interest on deposit at the rate of 18% per annum - Enhancement of rate of interest
from 12% to 18% not sustainable - 2004(2) CPC 486 S.C.
—Where matter relates to recovery of debt or damages awarding of interest at current rate is justified - 2004(1) CPC 660 S.C.
—Where offer of possession is belated rate of interest should not exceed 12% p.a. but in case of non-delivery of possession
interest can be awarded in excess of 12% p.a. - 2006(2) CPC 564 S.C.
Re-allottee – Re-allottee of plot is not entitled to same relief as granted to original allottee for delay of allotment - 2009(1) CPC
727 S.C.
Recovery - If a decree is passed against Insurance Company, then Company should satisfy the decree first - Subsequently
amount can be recovered from owner/driver of the vehicle according to law - 2008(1) CPC 203 S.C.
Reference to Electrical Inspector - In case of tampering with the meter of electricity reference to the Electrical Inspector is
not warranted by provision of Sec. 26 (6) of Electricity Act, 1910 -, 2009(1) CPC 714 S.C.
Refund - Refund of interest to allottee due to misreading of relevant clause - Order of refund quashed - 1996(2) CPC 4 S.C.
Refusal to Allotment - Others allotted plots ignoring complainants interest - Demand of higher price for alternative plot -
Claimant entitled to 18% interest on deposits - 2004(1) CPC 660 S.C.
Registration of document - A person presenting document for registration with stamp duty and registration fee is neither a
consumer nor hirer of a service - 1996(1) CPC 1 S.C.
Relief - Claim supported by original vouchers, bills and receipts – Surveyor’s report should not be taken as a last and final
word – Relief granted upheld in appeal - 2010(1) CPC 387 S.C.
--Re-allottee of plot is not entitled to same relief as granted to original allottee for delay of allotment - 2009(1) CPC 727 S.C.
--State Commission granted minimum relief by directing allotment of alternative plot with nominal compensation of Rs.
5,000/- to suffering litigant – Relief held to be justified - 2010(1) CPC 424 S.C.
Relief in interest - PUDA could not deliver possession of plots due to order of status quo passed by the High Court – Relief in
interest for delayed possession un-warranted - 2009(3) CPC 92 S.C.
Remand - Compensation granted by State Commission with 18% interest ignoring the rate of exchange and rate of interest a
matter relating to deposit in FCNR account - Matter remanded for reconsideration - 2006(2) CPC 542 S.C.
--Case remanded to HUDA for necessary relief - But Estate Officer dismissed the claim – Case remitted to Chairman HUDA to
grant relief in accordance with law with due consideration - 2009(1) CPC 709 S.C.
--Complaint filed by member of Chit fund decided by Consumer Forum without considering question of jurisdiction - Order
quashed - Case remanded - 2008(3) CPC 201 S.C.
--Complaint for claiming Rs. 20 lacs for removal of insured hoarding, dismissed in view of Order of High Court having no
direct bearing on the claim for compensation – Appeal allowed – Case remanded - 2009(2) CPC 725 S.C.
--Respondent/complainant prayed fraud with appellant/company by violating terms of insurance policy – Contents of case
diary were ignored by Fora below – Matter remanded for fresh decision - 2009(2) CPC 722 S.C.
—National Commission failed to decide disputed question as pleaded in petition - Matter requires fresh adjudication - Case
remanded - 2000(2) CPC 1 S.C.
—Order of National Commission dismissing appeal without considering the case on merit - Case remitted for re-decision -
2002(1) CPC 285 S.C.
—Various pleas regarding value of lost Jewells pledged with bank were not considered by Authorities below - Case remanded
for fresh decision - 2007(1) CPC 1 S.C.
—Treatment given to wife of railway employee in Railways Hospital which resulted in her death - As Medical treatment is part
of Railway service it does not amount to free service - Case remanded - 2006(2) CPC 527 S.C.
Remedy - Complainant relegated to civil remedy after case remained pending for 4 years - Denial of relief of such a late stage
is not proper - 1999(1) CPC 328 S.C.
Removal of reproductive organs - Unauthorised surgery for removing reproductive organs of woman aged 44 with the
consent of her mother amounts to medical negligence - Doctor directed to pay Rs. 25000/- as compensation - 2008(1) CPC 288 S.C.
Renewal of driving licence - Insurer bound to prove fakeness of a driving licence - Once it is so proved renewal thereof can
not cure inherent defect of licence - 2007(2) CPC 395 S.C.
14
Repatriation - Petitioner was repatriated and relieved of the charge against rules - Respondents directed to allow the petitioner
to join his duties and pay consequential benefits of service - 2005(2) CPC 636 Pb. & Hr. H.C.
Repudiation of claim - A person having license to drive light Motor Vehicle is not entitled to drive Heavy Transport Vehicle
- Repudiation of claim upheld - 2008(1) CPC 239 S.C.
--Respondent/complainant prayed fraud with appellant/company by violating terms of insurance policy – Contents of case
diary were ignored by Fora below – Matter remanded for fresh decision - 2009(2) CPC 722 S.C.
Resale of goods - Complaint filed for non supply of required G.P. Sheets by respondents - Sheets to be used for resale and
commercial purpose - Complaint does not lie under the Act - 1996(1) CPC 11 S.C.
Reservation of plot - Reservation of plot subject to final allotment through lottery - Appellant unsuccessful in draw of lots -
Appellant cannot claim allotment of plot except interest on deposit - No unfair trade practice proved - 2008(3) CPC 284 S.C.
Restoration of petition - Revision petition dismissed in default due to fault of National Commission not intimating next date
of hearing - Recalling of order and restoring revision held to be justified - 2000(2) CPC 581 S.C.
Restoration - There is no prohibition of entertaining a second complaint under C.P.Act when earlier one is not decided on
merit - 2000(1) CPC 334 S.C.
Review - Courts are empowered to recall their orders if obtained by fraud - 1996(2) CPC 287 S.C.
Revision - Penalty imposed for non-compliance of undertaking given to National Commission - Rejection of revision against
impugned order justified - 2006(2) CPC 657 S.C.
Revival of Policy - Lapsed Policy can be revived only if balance premium is received by Insurer during life time of assured and
not after his death - 2008(1) CPC 419 S.C.
Re-decision - Order of National Commission dismissing appeal without considering the case on merit - Case remitted for
re-decision - 2002(1) CPC 285 S.C.
Right of accused – Right of accused in criminal matter regarding admissibility of evidence is protected by Article 21 of the
Constitution - 2009(3) CPC 388 S.C.
Right of information – A patient has a right of information in medical cases qua risk involved in method of treatment – Failure
to inform constitutes a medical negligence - 2009(3) CPC 388 S.C.
Right to life - Failure to provide timely medical treatment to a person by Govt. Hospital violates right to life given under Art.
21 of Constitution -1996(2) CPC 154 S.C.
Right to marry - A person suffering from venereal disease (AIDS) cannot legally enforce a right to marry as it may affect
public interest - 1999(1) CPC 1 S.C.
Right to privacy - Right to privacy is a right to life but not an absolute right - Disclosure of venereal disease of patient - No
infringement of legal right - 1999(1) CPC 1 S.C.
Rules of interest - Rules of grant of compensation do not apply to grant of interest - 2004(1) CPC 660 S.C.
Salaries of member - Court can only recommend the case of fixing salaries of Consumer Fora - But final authority is the
Government to take a decision on this matter (per Markandey Katju J.) - 2007(2) CPC 258 S.C.
Sale of pledged shares - Bank agreed to sell shares pledged with it but failed to sell causing loss to complainant - Bank held
liable for deficiency in service - 2000(2) CPC 204 S.C.
School admission - Student of X class of the same school cannot be denied admission to XI class by his school on the basis of
low percentage of marks even if the school is unaided recognised school - 1995(2) CPC 311 S.C.
Scope - A Government body or a local authority is as much amendable to the C.P. Act as any private body rendering similar
—Remedy under Consumer Protection Act is in addition to and not in derogation of other remedies under any Statute - 2004(1)
CPC 179 S.C.
Second Surveyor – Appointment of second surveyor to determine actual loss is not prohibited by law - 2009(3) CPC 281 S.C.
Seeds Act - It was alleged that matter being covered under Seed Act, consumer jurisdiction is barred - Matter left open -
Liability upheld on account of conduct of appellant - 1998(2) CPC 359 S.C.
Seeds - Wheat seeds alleged to be defective - Expert Committee report cannot be ignored which found cause of poor
germination was due to other factors - Relief declines - 2005(1) CPC 648 S.C.
Seed’s defect - Paddy seeds proved to be defective - Land remained uncultivated - Opposite party directed to pay
compensation of Rs. 17,500 - Interest reduced from 18% to 12% per annum only - 2004(2) CPC 1 S.C.
Separation of power - Three organs (Judiciary, Legislature and Executive) should confine them in their sphere to avoid
reaction - However judiciary has power to determine the limit of their jurisdiction. (per Markendey Katju J.) - 2007(2) CPC 258 S.C.
Service and Insurance - Medical service rendered under an insurance policy for medicare, falls within ambit of service -
1995(2) CPC 602 S.C.
Service hired or availed - The word avails in Section 2 (1) (o) were added by amending Act only to clarify than to add
anything new in the Act - 1994(1) CPC 1 S.C.
Service - Activities relating to functions of Statutory bodies and the bank are covered under the term of the service defined
under CP Act - 2006(2) CPC 542 S.C.
—Medical service rendered free of charge or a service under contract of personal service are excluded from definition of
service u/s. 2(1)(o) of the Act - 1995(2) CPC 602 S.C.
—A person availing medical service under an insurance scheme from ESI dispensary is a consumer and services are covered
under Section 2 (1)(o) of CP Act - 2007(2) CPC 1 S.C.
Service provider - Bihar Educational Board delayed result of complainant’s son – Forum directed OP to pay Rs. 12,000/- with
interest for delay in result – As Board is not a service provider, impugned order was set aside - 2009(3) CPC 217 S.C.
--Builder agreed to raise construction on land of landowner with certain terms - Builder is a service provider - Complaint is
maintainable under CP Act - 2008(2) CPC 712 S.C.
Share - Allotment of shares does not fall under the term “goods” - A perspective investor in the shares is not a “Consumer”
under Act - 1994(2) CPC 1 S.C.
Shares purchase - Shares not purchased by O.P. as instructed by complainant nor transferred to his account - O.P. liable to
refund utilized amount with interest - 2005(1) CPC 110 Jharkhand H.C.
Short fall in area - Builders constructed houses as per sanctioned plan and agreement - Minor short fall in saleable area does
not amount to deficiency in service - 1999(2) CPC 598 S.C.
Simple/gross negligence – Meaning of both terms explained in Jacob Mathew’s case 2005 (2) CPC 515 S.C. - 2009(1) CPC
619 S.C.
Sinking of sailing vessel – Insured sailing vessel sank with entire cargo – Loss assessed Rs. 21,50,000 by surveyor which was
accepted by National Commission with 12% interest – Order upheld - 2009(3) CPC 103 S.C.
So called child specialist - Treatment of 7 years child adopting wrong diagnosis and O.P. falsely claiming to be child specialist
– Doctor directed to pay compensation of Rs. 4 lacs for death of child - 2009(1) CPC 612 S.C.
Sovereign function - A statutory body is not a sovereign authority in discharge of its function - It can be held liable for
rendering deficient service of negligence - 2000(1) CPC 250 S.C.
Specialization of treatment - It is well known these days that expenses of several hundreds or thousands are incurred on
medical treatment by patient which proves commercialization of medical treatment in the name of specialization - 2008(1) CPC 288
S.C.
Specific performance - Agreement between landowner and builder for construction with some considerations - Complaint
cannot be rejected on the ground that it is a case of specific performance - 2008(2) CPC 712 S.C.
Speedy justice - Consumer fora should follow the procedure of doing speedy justice by directing the parties to adhere to this
principle - 2002(2) CPC 640 S.C.
Speedy remedy - Aim of C.P. Act is to provide speedy remedy to the consumer - 1998(1) CPC 423 S.C.
Spurious seeds - Order of compensation for supplying spurious cotton seeds to farmers based upon sound reasons - Apex
Court declined to grant relief to appellant - 1994(2) CPC 227 S.C.
Standard of proof – Act of negligence under CP Act does not constitute an offence u/s 304A where standard of proof is
different - 2009(3) CPC 388 S.C.
Standard order - A standard order without discussing evidence by State Commission is not legally valid - 2000(2) CPC 586
S.C.
State - Insurance Company held to be a State within the meaning of Article 12 of Constitution which should act for achieving
economic benefit of people as a State discharging its function in a fair and reasonable manner - 2008(2) CPC 404 S.C.
State/Corporation - Insurance Corporation is a State within the meaning of Article 12 of the Constitution - 2008(3) CPC 248
S.C.
States liability - State cannot avoid its constitutional obligation on the ground of financial constraint in medical negligence
committed by its officials - 1996(2) CPC 154 S.C.
Status quo order – PUDA could not deliver possession of plots due to order of status quo passed by the High Court – Relief in
interest for delayed possession un-warranted - 2009(3) CPC 92 S.C.
Statutory body - A statutory body is not a sovereign authority in discharge of its function - It can be held liable for rendering
deficient service of negligence - 2000(1) CPC 250 S.C.
Stay of sentence - Penalty and sentence imposed for non-compliance of order - During pendency of appeal penalty paid -
Order of sentence stayed by Appellate Court - 1998(1) CPC 1 S.C.
Sterilisation - Child born after sterilisation of respondent woman - Director held liable for medical negligence - 2000(1) CPC
574 S.C.
Subrogation - An insurer cannot claim to be a complainant on the basis of a letter of subrogation executed in its favour -
2000(1) CPC 304 S.C.
Subrogation/assignee - Insurance Company obtaining letter of subrogation after compensating consignor - Company being an
assignee, in effect, is not a consumer - 2001(2) CPC 1 S.C.
Subsequent events - High Court is competent to take into consideration subsequent events in a particular case in view of Order
47 Rule 1 of CPC - 2008(3) CPC 151 S.C.
Succession - Wife, children and mother of assured deceased held entitled to insurance claim in equal shares as they are Class I
heirs under Hindu Succession Act - 1997(1) CPC 5 S.C.
15
Sufficient reason - Cause of action arose on 7.6.1994 – Complaint filed on 5.5.1997 – No satisfactory reason given for delay –
Complaint dismissed as time barred - 2009(2) CPC 1 S.C.
Suicide by insured - Assured girl committed suicide - Only ex gratia payment was allowed to claimant - 1999(1) CPC 10 S.C.
Suit - Proceedings before National Commission relating to provisions of Carriers Act comes within the definition of a suit -
2000(1) CPC 563 S.C.
Summary trial - Even a complicated matter can be decided by a Consumer Fora in the summary trial under Consumer
Protection Act - 2004(1) CPC 1 S.C.
Summoning of accused – Magistrate is competent to summon an accused guilty of committing a medical negligence even as
per police report no offence is made out - 2009(1) CPC 198 S.C.
Sunflower seed - No response of letter written by Agricultural Officer about defect in seeds - Dealer cannot escape liability for
non-testing of seeds in laboratory - 1998(2) CPC 359 S.C.
Suppression of material fact – Insured concealed chronic disease of diabetes of renal failure when taking the policy –
Repudiation of claim in mediclaim policy justified - 2009(3) CPC 6 S.C.
--Insured concealed fact of thyroid operation at the time of policy and died within six months - Repudiation of claim justified -
2008(3) CPC 248 S.C.
--Insured was misdescribed as being a teacher whereas she was a housewife - Complex matter involved in the case - Relief
cannot be granted under C.P. Act - 2006(2) CPC 668 S.C.
Surgery – Allegation that hemiarthroplasty is carried on patient aged 60 yrs only is not correct – It depends upon condition of
the patient - 2009(2) CPC 598 S.C.
--Patient suffering from blood pressure – Surgery was conducted after abdominal tumor was detected after report of ultrasound
and CT scan – Patient could not be saved despite best treatment – Order of National Commission dismissing complaint, upheld -
2010(1) CPC 460 S.C.
Surgery of tumour – Surgery of tumour conducted by OP doctor without involving neuro surgeon resulting in permanent
disablement of patient – OP held liable to pay Rs.1 crore as compensation - 2009(2) CPC 402 S.C.
Surveyor’s report – Claim supported by original vouchers, bills and receipts – Surveyor’s report should not be taken as a last
and final word – Relief granted upheld in appeal - 2010(1) CPC 387 S.C.
--Insurance Company is empowered to go into question of correctness of Surveyor’s report - 2001(1) CPC 633 S.C.
—National Commission accepting Insurance claim by ignoring the Surveyor’s report - Non consideration of report resulting in
miscarriage of justice - Order set aside - 2001(2) CPC 340 S.C.
Sustained fire - Boiler damaged due to fire and flashover caused by short circuit – The plea that there was no sustained fire not
acceptable because even a fraction of a second in fire case is sufficient to cause a damage - 2010(1) CPC 85 S.C.
Tampering with meter – In case of tampering with the meter of electricity reference to the Electrical Inspector is not
warranted by provision of Sec. 26 (6) of Electricity Act, 1910 - 2009(1) CPC 714 S.C.
Technical objection - Compensation under CP Act cannot be denied of hyper technical pleas - 2008(3) CPC 264 S.C.
Technicalities - Complainant relegated to civil remedy after case remained pending for 4 years - Denial of relief of such a late
stage is not proper - 1999(1) CPC 328 S.C.
Telephone connection – Consumer agencies have no jurisdiction in the matter of disconnection of telephone for non-payment
of bill – Matter should be decided by Arbitrator u/s 7B of the Telegraph Act - 2009(3) CPC 246 S.C.
Tentative Price - Allotment made on the basis of tentative price - Demand of increased price by PUDA not unjustified -
2006(1) CPC 655 S.C.
Terms of policy - Both the parties accepting the terms of policy - Compensation beyond terms of policy is not justified -
2005(1) CPC 1 S.C.
Territorial jurisdiction - Mere filing of civil suit for recovery of an amount of loan by Bank does not oust jurisdiction of
Consumer Forum - 1997(1) CPC 558 S.C.
--Cause of action i.e. fire broke out at Ambala where affected godown was situated – Simply that insurer has its branch office
at Chandigarh, complaint not triable by Commission at Chandigarh - 2010(1) CPC 379 S.C.
Third party contract – In a case of third party risk insurer directed to pay compensation of Rs 13,32,000/- by Tribunal – High
Court reduced it to Rs 6,96,000/- in violation of Section 170 of M.V. Act – Order set aside - 2009(1) CPC 11 S.C.
Third party insurance – Ratio laid down in Swaran Singh’s case 2008 (1) CPC 203 SC is applicable in relation to third party
risk only not to own damaged cases – Dismissal order of District Forum restored - 2009(1) CPC 46 S.C.
Third party risk - Insurance contract made for purpose of covering 3rd party risk and not to cover risk of owner or pillion rider
- Deceased pillion rider being not driver of vehicle not covered under the terms of policy - Repudiation justified - 2008(2) CPC 422
S.C.
--If a decree is passed against Insurance Company, then Company should satisfy the decree first - Subsequently amount can be
recovered from owner/driver of the vehicle according to law - 2008(1) CPC 203 S.C.
Time for settlement - A period of 2 months is reasonable time for settlement of an insurance claim - 1996(2) CPC 310 S.C.
Tipper Truck - Tipper Truck, found to be defective covering more distance at the time of passing of order - 1/3 of
compensation reduced in appeal due to subsequent coverage -, 1997(2) CPC 8 S.C.
Tomato seeds - Question of tomato seeds being defective depends on evidence which was scanty in the case - However, sum
of Rs. 20,000/- granted by Commission upheld - 1999(1) CPC 140 S.C.
Tort - A Scooter rider died due to fall of branch of dangerous tree standing on road side - Municipal Corporation directed to
pay Rs. 1,44,000/- for negligence - 1999(2) CPC 442 S.C.
Trade - Intentional delay in delivery of tractor adopting pick and choose policy - Deficiency in service proved - 1994(2) CPC
15 S.C.
TRAI Act/CP Act - Both Acts are not pari materia but were enacted under different purposes even words and phrases used
under both Acts are not interchangeable - 2007(1) CPC 517 S.C.
Train Violence - Unruly mob looted complainant’s valuables on Amedkar’s day which was a part of recurring phenomenon
every year - Railway is at fault for not taking precautionary measure - 2004(1) CPC 673 S.C.
Transfer - State Government being an employer is competent to transfer President/ Member of Consumer Fora within District
with recommendation of Committee constituted under Section 10 (1-A) of Consumer Protection Act - 2004(2) CPC 295 S.C.
Transfusion of wrong blood group - Patient died due to transfusion of B+ blood group instead of A+ group resulting in death
of patient during treatment of burns injuries – OP directed to pay compensation of Rs. 2 lacs for committing medical negligence -
2009(2) CPC 209 S.C.
Treatment – Without appreciating proper documentary evidence, Consumer Fora cannot reach at a right conclusion regarding
treatment of a patient - 2010(1) CPC 1 S.C.
Tubectomy operation - Child born despite tubectomy operation - O.P. liable to pay Rs. 90,000/- with 9% interest - 2005(1)
CPC 84 Pb. & Hr. H.C.
Tumour operation - Patient was operated upon for removal of tumour without any prior investigation – Insurance amount
incurred on medicines – Post Operative care lacking – Respondent directed to pay Rs. 1 crore with 6% p.a. interest - 2009(2) CPC
402 S.C.
Turning Central Machine - Machine purchased for commercial use - Complaint under Consumer Protection Act not
maintainable - 1995(2) CPC 2 S.C.
Typographical mistake – Typographical mistake cannot be made a ground for repudiation of a claim - 2009(1) CPC 274 S.C.
T.D.S. deduction - Allotment authorities cannot deduct T.D.S. from interest amount to which allottees are entitled -, 2004(2)
CPC 466 S.C.
—Allottee paid substantial amount but possession was delayed by H.U.D.A. - Allottee entitled to 15% interest on deposits -
Deduction of T.D.S. by H.U.D.A. unjustified - 2004(2) CPC 692 S.C.
—H.U.D.A. committed deficiency in service by delaying possession - H.U.D.A. not entitled to deduct T.D.S. amount from
refundable amount - 2004(2) CPC 684 S.C.
—H.U.D.A. deducted T.D.S. from amount of interest payable to allottee on deposits - Deduction disallowed - 2005(1) CPC
241 S.C.
—H.U.D.A. delaying possession of plot - Deduction of T.D.S. amount unjustified - 2005(1) CPC 239 S.C.
—H.U.D.A. failed to deliver possession despite substantial payment - Directed to Pay 18% interest on deposited amount and
not to deduct T.D.S. amount - 2004(2) CPC 695 S.C.
—H.U.D.A. failed to delivery possession of allotted plot despite payment of substantial amount - Held guilty of deficiency in
service and directed to refund T.D.S. with interest - 2004(2) CPC 701 S.C.
—H.U.D.A. recovering T.D.S. amount from allottee directed to refund the same with 15% interest - 2005(1) CPC 212 S.C.
—Possession not delivered despite substantial payment - H.U.D.A. to pay 15% interest without deducting T.D.S. - 2004(2)
CPC 685 S.C.
Unauthorized surgery - Unauthorised surgery for removing reproductive organs of woman aged 44 with the consent of her
mother amounts to medical negligence - Doctor directed to pay Rs. 25000/- as compensation - 2008(1) CPC 288 S.C.
Unconstitutional charges – Requirement of catalytic converter in car was mandatory only in Metropolitan cities – Charges on
this count from complainant is violative of Article 14 of the Constitution - 2009(3) CPC 90 S.C.
Undue Harassment - Consumer authorities should dismiss the fresh complaint if it is proved that complainant is abusing the
process of law and causing harassment to the opposite party - 2000(1) CPC 334 S.C.
Under insurance – Diesel generating set broken down after purchase – Set purchased for Rs. 45,25,000/- but insured for Rs.
35,00,000/- with element of under insurance – Claim of Rs. 3,71,509.50 on pro rata basis justified - 2009(2) CPC 202 S.C.
Unfair Trade Practice - Alleged unfair trade practice having no effect of preventing or restricting competition in any manner
- Housing Board not guilty of unfair trade practice by mere delay in delivery of possession of allotted house - 2000(2) CPC 499 S.C.
--Company given unrestricted power to increase cost of flat - Allottee stopped installment after five years due to delay in
delivery of possession - Forfeiture of 50% of amount only justified - 2008(3) CPC 301 S.C.
16
--Complainant accepted refund of money paid in 1993 - Fresh allotment letter was issued to complainant in 1996 on his request
- Complainant not entitled to allotment at old rate but at prevailing rate - 2008(2) CPC 216 S.C.
--Customer suffered due to non - supply of promised goods - Act of supplier amounts to unfair trade practice even without
actual sale of goods - 2008(3) CPC 394 S.C.
--Institute published false advertisement – College neither affiliated nor recognized for imparting education – Respondents lost
two academic years – Deficient service proved – Institute directed to pay Rs. 1 lacs as compensation and costs of Rs. 1 lack each -
2009(1) CPC 604 S.C.
--Reservation of plot subject to final allotment through lottery - Appellant unsuccessful in draw of lots - Appellant cannot
claim allotment of plot except interest on deposit - No unfair trade practice proved - 2008(3) CPC 284 S.C.
—Amendment of “Unfair trade practice” cannot be applied retrospectively - 1994(2) CPC 15 S.C.
—An order of “Cease and desist” without a categorical finding and proper notice by Commission cannot be sustained - 2001(1)
CPC 403 S.C.
—Car purchased suffering from manufacturing defect - Manufacturer (not dealer) directed to refund price of car with 12%
interest and cost Rs. 50,000/- - 2001(2) CPC 334 S.C.
—Charging of enhanced car price due to rise in excise duty amounts to deficiency in service - 1999(2) CPC 463 S.C.
—Demand of penal interest due to delay in payment of instalment by allottee does not amount to unfair trade practice on part of
Allotment Authority - 2000(2) CPC 505 S.C.
—Intentional withholding of delivery of car to take advantage of price hike - Seller liable of deficient in service 1995(2) CPC
1 S.C.
Unnecessary litigation – State Authority should not indulge in unnecessary litigation which clogs the wheels of justice –
Public Improvement Trust directed to advise its officers to avoid unnecessary litigation instead of removing genuine grievances of
litigants - 2010(1) CPC 424 S.C.
--Insurance Company is advised not to spend public money in unnecessarily litigation - 2010(1) CPC 387 S.C.
Unqualified nurse - Doctor delegated work of injection to unqualified nurse resulting permanent disability to minor patient -
Doctor cannot escape liability for medical negligence - 1998(1) CPC 423 S.C.
Use of steroid - Patient suffering from disease of Toxic Epidermal Necrolysis (TEN) was given wrong injection and steroid
continuously for three days, resulting in death of patient – OP is guilty of medical negligence - 2009(3) CPC 388 S.C.
UTI cheques - Cheques sent by UTI through registered post were not delivered to payee - Post office being an agent of UTI is
liable for deficiency in service - 2005(2) CPC 683 S.C.
Validity of order - An order passed by members of Commission in the absence of President does not become invalid -
Commission does not become non functional in his absence - 1996(2) CPC 602 S.C.
Valued policy - A policy where agreed value of consignment is not mentioned is not a valued policy - Order of National
Commission accepting insurance claim upheld - 2001(1) CPC 2 S.C
Vehicle on hire – Vehicle given out of good gesture for few hours when it was damaged in accident – Claim on non-standard
basis should be paid as no documentary evidence regarding hiring of vehicle was on the record - 2010(1) CPC 653 S.C.
Vehicle’s owner responsibility - It is statutory liability of owner of vehicle to see that driver is holding a valid driving license
- 2008(2) CPC 432 S.C.
Vehicle’s ownership – Vehicle subjected to hire purchase, person in possession of vehicle and not the financier is owner of
vehicle – Financier not liable for damage to vehicle - 2009(1) CPC 140 S.C.
Violation of conditions - Violation of conditions of insurance contract by owner of vehicle – Insurer cannot be held liable for
deficiency in service – However, claimant being a poor fellow, Insurer directed to pay the amount and realize the same from
vehicle’s owner - 2008(3) CPC 1 S.C.
Void contract - Rate of interest wrongly printed in violation of notification - Contract based upon erroneous terms is void -
1995(2) CPC 316 S.C.
Water bill - Consumer paying water bills to Jal Sansthan for supply of water are consumers under the Consumer Protection
Act - 1997(2) CPC 260 S.C.
Water supply - Water not supplied despite payment of Water Tax - Water Supply Authorities held liable for deficiency in
Words and Phrases - “Impact” - Property loss by “Impact” by rain, road vehicle or animal covered under policy - Damage
caused by roadside bulldozer - Loss covered under policy - 2004(1) CPC 470 S.C.
—Meaning of “Either or survivor” explained - 2004(2) CPC 696 S.C.
—Meaning of “Judgment passed silentio” explained - 2007(2) CPC 258 S.C.
--Meaning of “joint venture” and “collaboration” explained - 2008(2) CPC 712 S.C.
--Meaning of “Trade Practice” & “Unfair Trade Practice” explained - 2008(2) CPC 650 S.C.
—"Subsidence" - The word means “the gradual caving in or sinking of an area of land” - 2007(1) CPC 265 S.C.
—"Terrorism" - It means an “act of terrorising people by unlawful acts of violence and to overthrow a Government” - 2000(1)
CPC 598 S.C.
Writ jurisdiction - High Court can exercise its jurisdiction where apparent error has been committed by Consumer Forum -
1996(2) CPC 524 Madras H.C.
—High Court should interfere in Consumer matter, only if there is a compelling necessity - 1995(1) CPC 513 Cal. H.C.
—When a question of jurisdiction of Forum goes to the root of the case, High Court can invoke its power under Art. 226 of
Constitution - 2000(1) CPC 621 Raj. H.C.
—Where impugned order is not found to be without jurisdiction remedy under Art. 226 cannot be availed - 1997(2) CPC 699
Kerala H.C.
Writ remedy - Alternative remedy against interlocutory order available to petitioner under C.P. Act - Writ petition before
High Court not maintainable - 1998(2) CPC 582 Allahabad H.C.
—District Forum directing H.U.D.A. to allot alternative plot where H.U.D.A. was not at fault - Impugned order quashed -
1998(2) CPC 1 Pb. & Hr. High Court
—High Court can invoke its jurisdiction under Article 227 against order of any Court or Tribunal to undo a wrong -
Availability of alternative remedy is no bar - 2000(2) CPC 359 P. & H. High Court
—Remedy of Writ petition under Article 226 cannot be availed without availing remedy of appeal under C.P. Act - 2001(1)
CPC 514 Madras H.C.
—Remedy under Article 226 of the Constitution cannot be resorted to, against the proceedings initiated under the Consumer
Act - 1992 CPC 259 Kerala H.C.
—Writ remedy is not maintainable under Art. 227 when alternative remedy of appeal is available - 1996(2) CPC 106 Cal. H.C.
*****

Supreme Court Rulings on Consumer Protection Law

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