Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HC

chhattisgarh-high-court-min

Remedy available to the consumer under the Consumer Protection Act is an additional remedy, the high court observed. The Chhattisgarh High Court has held that the remedy available to the consumer under the Consumer Protection Act is an additional remedy. Other statutory remedy available to the consumer under other statutory laws would not bar the consumer to avail of that ‘additional’ remedy, it said. Justice Sanjay K Agrawal observed that district and state forums were wrong in rejecting the complaint on the ground of availability of alternative remedy under Section 7-B of the Telegraph Act. Rajesh Kumar Agrawal, had complained before the district forum alleging that his service provider adopted unfair trade practice in providing telecom services though he had paid for data service and while using the data services, balance lying in call account was deducted unauthorisedly. The district forum had relied upon the judgment of the Supreme Court in General Manager, Telecom, v. M Krishnan and another to hold that the petitioner has a special remedy of arbitration provided under Section 7-B of the Telegraph Act and that bars the complaint under the Consumer Protection Act. Apparently, the high court does not discuss this apex court decision relied upon by the forum. Rather, the high court has relied on many other apex court judgments which suggest that the complaint would not be barred. Referring to provisions in the Consumer Protection Act and the dictum in Trans Mediterranean Airways v. Universal Exports, the court observed that the remedy available to the consumer under the Act of 1986 is an additional remedy and other remedies available to the consumer under the other statutory law would not bar the consumer to avail of the remedy available under the provision of the Consumer Protection Act as such the district forum committed an illegality in rejecting the complaint filed by the petitioner on the ground of availability of alternative remedy under Section 7-B of the Telegraph Act.

Read the Judgment here –  http://www.livelaw.in/consumer-complaints-cant-rejected-citing-alternative-remedy-statutes-chhattisgarh-hc/


Patanjali fined Rs 11 lakh for misleading ads

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  • A Haridwar court imposed fine of Rs 11 lakh on Yoga guru Ramdev’s company, Patanjali Ayurved Ltd.
  • Fine was imposed on charges of misbranding and misrepresentation of its products.

In its order, the court of Lalit Narain Mishra, Haridwar’s additional district magistrate, found the company, which is currently eyeing at doubling its revenues from the current Rs 5,000 crore to almost Rs 10,000 crore by the next financial year, guilty of “releasing misleading advertisements+ by selling certain products with its labels although they were being manufactured by some other firm.”

Citing Section 52 (misbranding) and Section 53 (misleading advertisement) of the Food Safety and Standards Act, 2006 as well as Section 23.1 (5) of Food Safety and Standard (Packaging and Labelling Regulations, 2011) Act, it ordered Patanjali to pay the fine within a month. It also directed the district food safety department to “take appropriate action if there is no improvement in the products in future.”
Click Here for the full story

BMC cannot disconnect water supply as punishment

BMC cannot disconnect water supply as punishment says HC

WATER IS A BASIC NECESSITY OF LIFE AND IS COVERED UNDER ONE’S CONSTITUTIONAL RIGHT TO LIFE

http://wakeupindia-designer.blogspot.com/2016/10/bmc-cannot-disconnect-water-supply-as.html


Pull – SMS : Consumer Disputes

Pull SMS – Consumer Disputes

Now you can get case status through SMS even if you don’t have internet connection. The PULL SMS service allows you to request for and receive information about Next Hearing Date of the cases filled in NCDRC/State Commission/District Consumer Forum by sending SMS through your mobile.

Instruction for Pull SMS service:

To get the information about the case, send SMS to 7738299899 in the following format
CONFONET StateID/DistrictID/Case Number
Case number should be case sensitive and match exactly as provided by consumer forum.
Note:- For sending SMS, Charges will be applicaple as per your mobile network provider policy.

For example 1- If your case number is RP/1/2014 and filed at NCDRC, then send SMS
CONFONET 0/0/RP/1/2014

For example 2- If your case number is FA/1/2014 and filied at State Commission, Andhra Pradesh the send SMS
CONFONET 16/0/FA/1/2014

For example 3- If your case number is CC/1/2014 and filied at Guntur, Andhra Pradesh the send SMS
CONFONET 16/512/CC/1/2014

 

http://confonet.nic.in/PullSMS.html


India’s Highest Consumer Court Brings Relief To Thousands Of Home Buyers

India’s Highest Consumer Court Brings Relief To Thousands Of Home Buyers A 3-member bench of the National Consumer Disputes Redressal Commission (NCDRC) has ruled that all buyers of a housing project will be made party to any case filed against the real estate developer by another buyer. A move that dramatically increases the scale of lawsuits filed against errant builders while benefiting thousands of home buyers across the country. ….to read more click http://wakeupindia-designer.blogspot.com/2016/10/indias-highest-consumer-court-brings.html

 

CONSUMER AS KING – Bldrs with pending cases can’t delay projects unless construction is stayed 
 
Builders usually come up with some excuse to in an attempt to justify their lapses and delay . In a re cent ruling, the Maharashtra State Commission has held that this is not permissible…. to read more click 
 

Victims of Any Unscrupulous Builder, What are the options ?

“Victims of RNA Corp.” OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer and Aggrieved Flat Owners in Redevelopment Project

How to File a Complaint against a Builder, What are the options available

Any citizen can file a case against a developer. There are several options and situations under which a property buyer can file a complaint. Types of complaints are:

1. EOW

2. Consumer case

3. Suit for Specific Performance of Contract

On the following grounds in which a property buyer can drag an incompetent property developer on violations/ breach of ground
Non-execution of relevant sale agreement despite having received a substantial advance amount
Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
Charged higher than the agreed amount
No issuance of proper receipt(s) against the paid amount
Poor quality construction
Delivering of a house not complying to agreed specifications
No free parking space within the premises
Did not form a co-operative housing society and handed over to members
Non-provision of water storage tank
Non-provision of proper ventilation and light
Delayed possession beyond the stipulated time limit
Not obtaining completion certificate from the concerned registered (by the authorities) architect
Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants
Non-declaration of expenses against which the developer collected money

And many more…

Click Here for more


Empowering Underprivileged Students through Legal Education – IDIA

When he was teaching at the West Bengal National University of Juridical Sciences (WB NUJS),  Prof Shamnad Basheer noticed that a majority of students at this premier legal institution came from urban, English-speaking, English-medium-educated backgrounds. This was a pattern that repeated across elite law institutes, with richer, English-speaking youngsters forming a majority of the students. This is not at all representative of the diverse population of the country.
Prof Basheer realised that by placing the tool of legal knowledge in their hands and allowing them to take up their own cause, he would be empowering underprivileged people far more meaningfully and removing their reliance on privileged people. He made up his mind to initiate an effort to increase access to millions of students from underprivileged backgrounds and marginalised communities. Then, with the support of the then vice chancellor of WB NUJS,
Prof MP Singh, he conceptualised IDIA—Increasing Diversity by Increasing Access. A not-for-profit entity called IDIA Charitable Trust was set up with Dr Basheer, Prof Singh as well as Justice Ruma Pal and Shishira Rudrappa.
IDIA works with a community of dynamic student volunteers. Dr Basheer says, “Their passion and motivation on the ground keeps the organisation charged up and constantly engaged.” Interacting with the IDIA scholars is also a learning opportunity for the team which works at converting each adversity into an advantage and build resilience. These volunteers travel to specific schools and begin with sensitising students, teachers and parents about the benefits of a legal education. IDIA then conducts a basic aptitude test to identify promising students. These students are guided and trained to for the Common Law Admission Test (CLAT) which includes help with written and spoken English. It provides study material which will now be provided online as well. IDIA is also working with national law colleges to get fee waivers for scholars to help pay their way through college or arrange support from lawyers and law school alumni.
Candidates who clear CLAT are also allotted mentors in law schools to guide them and to ensure that they are not rendered as ‘misfits’ or feel ‘socially awkward’ in law schools but hone their talents and abilities to their fullest potential.
While this work began in West Bengal, IDIA now has local chapters operating from New Delhi, Mumbai, Kolkata, Ranchi, Jodhpur, Gangtok, Bhopal, Cochin, Gandhinagar, Bengaluru, Chennai, Guwahati, Bhubaneswar, Lucknow, Patna, Cuttack and Hyderabad.
Getting the law institutes to see the value of diversity on campus and to understand that IDIA scholars are not charity cases that would cause the institutes’ standards to plunge, was a challenge. Over time, it became evident that IDIA scholars did well and are actively engaged in campus activities, after overcoming the initial hurdle of dealing with English as a medium of instruction and the relative socio-cultural isolation that occurs in the first year or two. IDIA arranges for financial support for IDIA scholars, once they gain admission into the top law schools. Fund-raising is a huge challenge. “On the one hand, law institutes are constantly rising tuition fees but there is no corresponding increase in scholarships/waivers. On the other hand, there is the constant hunt for institutional support for funding which is, strangely, not forthcoming within the country,” says Shruthi Chandrasekaran, director, IDIA.
IDIA believes that “a good legal education enables the cultivation of personal autonomy, intellectual independence and the development of critical life skills beyond the traditional goals of teaching/training/learning of specific skills.”
Its ultimate goal is bigger.  Ms Chandrasekaran says, “In the long run, we hope that the ecosystem evolves to self-correct from time to time and embrace diversity as its core theme, to the point that the presence of an external third-party organisation addressing the diversity deficit (such as IDIA) is rendered unnecessary.”
All donations to IDIA are exempt from income-tax under Section 80-G.
IDIA Charitable Trust
No. E 1/9, Hanumanthappa Layout,
Ulsoor Road, Bengaluru – 560 042
Telephone 080-42197924
http://www.moneylife.in/article/empowering-underprivileged-students-through-legal-education/47140.html