Consumer Protection Act, 1986 – Section 21 (b) – Requirement of leading detailed evidence could not be a ground to shut the doors of any forum created under the Act. JT 2022 (1) SC 414
Consumer Protection Act 1986
THE CONSUMER PROTECTION ACT, 1986
ARRANGEMENT OF SECTIONS
1. Short title, extent, commencement and application.
3. Act not in derogation of any other law.
CONSUMER PROTECTION COUNCILS
4. The Central Consumer Protection Council.
5. Procedure for meetings of the Central Council.
6. Objects of the Central Council.
7. The State Consumer Protection Councils.
8. Objects of the State Council.
8A. The District Consumer Protection Council.
8B. Objects of the District Council.
CONSUMER DISPUTES REDRESSAL AGENCIES
9. Establishment of Consumer Disputes Redressal Agencies.
10. Composition of the District Forum.
11. Jurisdiction of the District Forum.
12. Manner in which complaint shall be made.
13. Procedure on admission of complaint.
14. Finding of the District Forum.
16. Composition of the State Commission.
17. Jurisdiction of the State Commission.
17A. Transfer of cases.
17B. Circuit Benches.
18. Procedure applicable to State Commissions.
19A. Hearing of appeal.
20. Composition of the National Commission.
21. Jurisdiction of the National Commission.
22. Power and procedure applicable to the National Commission.
22A. Power to set aside ex parte orders.
22B. Transfer of cases.
22C. Circuit Benches.
22D. Vacancy in the office of the President.
22E. Qualifications, terms and conditions of service of President and Member.
24. Finality of orders.
24A. Limitation period.
24B. Administrative control.
25. Enforcement of orders of the District Forum, the State Commission or the National Commission.
26. Dismissal of frivolous or vexatious complaints.
27A. Appeal against order passed under section 27.
28. Protection of action taken in good faith.
28A. Service of notice, etc.
29. Power to remove difficulties.
29A. Vacancies or defects in appointment not to invalidate orders.
30. Power to make rules.
30A. Power of the National Commission to make regulations.
31. Rules and regulations to be laid before each House of Parliament.
Consumer Protection Act 1986 – Section 13 (2) – Delay in filing Written Statement – the Constitution Bench on 4 March 2020 held that the consumer fora has no power and/or jurisdiction to accept the written statement beyond the statutory period prescribed under the Act, i.e., 45 days in all – the Constitution Bench judgment would not affect applications that were pending or decided before 4 March 2020.
Consumer Protection Act, 1986 – Application for condonation of delay in filing written statement/reply were pending on 4th March, 2020 – Prospective operation of the Judgment – this issue ought to be decided by a larger Bench.
Insurance Law – Mediclaim Policy – The object of seeking a mediclaim policy is to seek indemnification in respect of a sudden illness or sickness which is not expected or imminent and which may occur overseas. If the insured suffers a sudden sickness or ailment which is not expressly excluded under the policy, a duty is cast on the insurer to indemnify the appellant for the expenses incurred thereunder.
Consumer Protection Act 1986 – Failure to obtain the occupation certificate is a deficiency in service for which the builder is liable.
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