Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HCPosted: December 29, 2016
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.
- 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.”
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
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
For example 2- If your case number is FA/1/2014 and filied at State Commission, Andhra Pradesh the send SMS
For example 3- If your case number is CC/1/2014 and filied at Guntur, Andhra Pradesh the send SMS
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
“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:
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