Do The Courts Make Law - Quotes from Consumer Landmark Judgments (Consumer Protection Act)
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About the Book
The book in hand in an initiative in the line of compilation of law laid down by the Apex court and Apex Commission for consumers since inception of Consumer Protection Act till date. Writer has collected every important quote from the landmark judgments and prerpared a ready reckoner after the new Act 2019 has come into force and establishment of Central Consumer Protection Authority under the Ministry of Consumer Affairs Government of Indi. This is one of the objectives of CCPA to educate the public at large about new features of Consumer Protection Act 2019.
This book identifies the major changes brought in the Act after repeal of old Act of 1986. It contins issues related to purchase of goods, hiring servicesand unfair trade practices. Explaination and facts rrelated to the case with every quote is merged very appropriately.
Entire material of the book has been divided into eight chapters. Each chapter deals with different issues, different sectors of services which are covered under the act coupled with purchase of goods and unfair trade practices followed by the traders, manufactures and e-commerce entities. Important landmark judgments from the Apex court and Apex consumer commissions are quoted at every step to explain the law.
This book is going to be a milestone and shall be an encyclopaedia of consumer law for Training Centres, Colleges, Law Firms and for general public at large and will be a handy reference not only for consumers but also will be quite useful for Litigents, Advocates, Students, Member of consumer commissions and other legal luminaries for searching appropriate Citations.
CONTANTS
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Part- 1 Do the Courts Make Law ? 1. Courts make interpretations of Law made by Parliament 2. Challenge to the Consumer Protection Act before Supreme Court 3. Journey of Consumerr Protection Act (Amendments: 1986 till 2019) 4. Consumer Commissions still Struggling on many fronts 5. Glaring changes in Consumer Protection Act 2019: A New Horizon. Part - 2 Health Care Services 6. Health Care Services & Medical Negligence 7. First case bringing Health Care Services Under CP Act (V. Shantha V/S Indian Medical Association SC(1995) 8. Quotations on Medical Negligence (Various Judgments) Part - 3 Housing / Real estate Services 9. Housing / Real Estate Services 10. Quotations on Real Estate matters Establishing Law 11. Quotation on REAL ESTATE matters (Specific Issues) 12. Rera Visa vis Consumer Protectiion Act (Real Estate Cases on specific Issues) 13. REAL ESTATE: issues raised after RERA Act 2016 14. Summery of important Real Estate Cases. Part - 4 Insurance as Services 15. Exclusion Clauses in Insurance Matters 16. Importance of Survey or Report in Insurance matterrs 17. Cancelling the policy at the stage of claim, How far correct (Section 45 of Insurance (amendment) Act 2015) 18. Insurance company when refuses to indemnify Negligent Doctor 19. Information About the incident in Insurance Matters - An Essential factor 20. Doctors Unethical if passing confidential health information to Insurance Companies 21. Consumerrs, Be Aware while filing propsoal Form 22. IRDA Guidlines - Delay in Claim Intimation/Submission of Documents to Insurance 23. Insurance Companies are Necessary Party in Medical Negligence Cases (SC held in a uniques case) 24. Insurance Companies Approve Sub-Standard Claims in some situations (Violation of Rules) 25. Medicalims-Supreme Court Interprets Insurance Law 26. Renewal of Insurance Policy 27. When Contract of Insurance is Final-Law Explained by Courts 28. Driving Licence in Insurance Matter 29. Interpretation of Insurance Clauses. Part - 5 Education Services 30. Is Education not a Service under Consumerr Protection Act ? 31. Laws Laid Down by SC on Education 32. When a Student can Ask for Refund of Fee from the institute. Part - 6 Banking & Financing Services 33. Laws Laid Down by Supreme Court in Banking & Financing Matters 34. Banks cannot use Force to Recover loan 35. Safety of Locker Under Bank Custody-know the Rules and Law 36.ATM Transactions: How far are you safe 37. When Deposit Made by a Consumer is termed as an Irregular Depositis he deprived of interest
Part - 7 Miscellaneous Matters 38. Improper Care of Elevator causing death to person. It is a Service under Consumer Protection Act says NCDRC 39. Hoteles Liability for theft from parking 40. Parties Cannot urge new facts in Appeal 41 Commercial Purpose Defined & Explained 42. Company Directors using Goods for personals use not Commercial Purpose 43. Taking Insurance Policy cannot be said for Commercial purpose 44. Selling price of packed water bottle in Restaurants/Hotels 45. Movers and Packers Are Services Providers Under Consumer Law 46. Compensation to be paid by Erring Officers who causes harasshment 47. Principl's Liability for Deficiency in Services for the act of Agent 48. Can a Non-Advocate Appear before the Consumer Forum 49. Jurisdiction of Consumer Protection Act 1986 for Electricity Matters 50. Whether Registering the Documents by Registrar is Services Under CP Act 51. Leakage in Gas Cylinder- Who is Responsible for for the Cause 52. Railways when liable for loss of passenger's goods 53. Unfair Trade Practices-Promise to provide Work Permit Fails 54. RTI Act VISA VIS Consumer Protection Act 55. Stautary Bodies not exempted to face Consumer Commissions if rendering services 56. Lawyers are to Assist the Court and not Services Provider under Consumer Protection Act, said Supreme Court of India 57. Code And Conduct for Lawyers 58. Decided Cases on Legal Profession Part - 8 Summary of Important Cases (2020-2022) 59. Prabha Tyagi v/s National Inurance Co. Ltd SC Date of Judgment : 28.2.2020 60. Manu Solanki & 8 Ors V/S Vinayaka Mission University & 24 Others Consumer Case No. 261 of 2012 & Other Cases (New Dimensions To "Education As Service") 61. Narinder Chopra v/s Jaiprakash Associates (NC) 62. Neena Aneja & Anr. Versus Jai Prakash Associates Ltd (SC) Civil Appeal Nos. 37663767 of 2020 Decided on - 16TH March 2021 63. Vikrant Singh Malik & 25 Ors. Versus Supertech Limited & 2 Ors (Through its M.D.) ConsumerCase No. 1290 of 2015 Decided on 24 august 2020 (SC) 64. Chairman-cum-M.D. Andhra Pradesh Southern Power Distribution Co. Ltd & Ors V/S T Rajeshwari & Ors (NC) 65. Arihhant Industries & Anr V/Sunited India Insurance Co. Ltd Case No-First Appeal No 727 of 2015 Decided on 4.1.2021 66. Gurshinder Singh vs Sriram General Insurance Co. Ltd. SC Civil Appeal no 653 of 2020, Decided on 24 January, 2020 (Justice N. V. Ramana, Justice R. Subhash Reddy, Justice B.R. Gavai) 67. DLF Universal Ltd and Ors V/S Capital Greens Flat Buyers Association (SC) Civil Appeal No's 3864-3889 of 2020 December 14, 2020 (Bench Dr Dhananjaya Y Chandrachud, Indu Malhotra, Indira Banerjee) 68. Hemiben Ladhabhai Bhanderi vs Saurashtra Gramin Bank (SC) Civil Appeal No. 979 of 2020 Decided on 3 Februrary, 2020 69. Hemiben Ladhabhai Bhanderi vs Saurashtra Gramin Bank (SC) Civil Appeal No. 979 of 2020 Decided on 3 Februrary.
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| Title | Do The Courts Make Law - Quotes from Consumer Landmark Judgments (Consumer Protection Act) |
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| Author |
Dr. Prem Lata |
| ISBN | 9789385830433 |
| Publisher | Standard Publishers (India) |
| Pages |
282 |
| Binding | Hard Cover |
| Edition/Year | First/2023 |
| Language | English |
| Country of Origin | India |
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