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	advantageconsumer.com Consumer Protection Council, Rourkela


	Important judgements passed by the Consumer Courts 1. Tailor directed to compensate for improper stitching. Contract of Service and Contract for Service defined. National Commission, New Delhi Revision Petition No. 75 of 1990 Sri A.C. Modagi Vs. Cross Well Tailor & others 2. Goods for supporting commercial activity also to be considered as though procured for commercial purpose. National commission, New Delhi First appeal no.22 of 1989 SYNCO Textiles Pvt.Ltd. Vs. Greaves cotton and Company Ltd. 3. IOC directed to compensate for defective cylinder National Commission ,New Delhi First appeal no. 82 of 1992 Indian Oil Corporation Ltd. Vs V.Venkataraman and Ors. 4. Payment of tax to government cannot constitute a payment of 'consideration'. National Commission,New Delhi Revision Petition no.136 of 1993 The Mayor,Calcutta Municipal Corporation Vs Tarapaada Chatterjee and others 5. Court fee paid does not amount to payment of consideration. National Commission, New Delhi Revision petition No. 108 of 1993 Akhil Bhartiya Grahak Panchayat Vs The State of Gujarat 6. Cinema contest declared unfair trade practice State Commission, Madras-4 R.P.- 273/94 Beauty Cosmetics Pvt.Ltd., Madras-600014 Vs Consumer Rights Protection Council, Madurai-625002. 7. Cause of action could not be said to arise at the place where the bank draft was made National Commission, New Delhi Revision Petition No. 317 of 1994 Haryana Urban development Authority Vs Vipan Kumar Kohli 8. Case cannot be dismissed without proper notice to the complainant State Commission, Cuttack Consumer Disputes Appeal no.46 of 1993 Consumer Protection Council, Rourkela Vs M/s. National Insurance Co.Ltd. 9. Opposite party cannot be authorised to decide the complaint National Commission, New Delhi First appeal Nos.151 to 166 of 1994 Consumer Protection Council, Rourkela, Etc. Vs Rourkela Regional Improvement Trust and Anr. 10. Contract against statutory provisions not enforceable National Commission, New Delhi Revision petition No.548 of 1996 Unit Trust of India Vs Ram Kishan Chawla 11. Tax payment cannot be held as consideration for hiring service National Commission, New Delhi Revision Petition Nos.704 and 704-A of 1995 M/s Signet Corporation Vs Commissioner,M.C.D., New Delhi and others 12. Compensation can be awarded only if any loss or injury is caused due to the negligence of opposite party NATIONAL COMMISSION, NEWDELHI REVISION PETITION NO. 770 OF 1996 Indian Airlines Ltd. ... Petitioner Vs Dr. V.J.Philip ... Respondent 13. An author is a consumer within the meaning of Sec. 2(d) of the Consumer Protection Act NATIONAL COMMISSION, NEW DELHI Revision Petition No. (From the Order dated 30-4-1996 in Appeal Case No. 18/96 of the State Commission, Chandigarh) Subodh Kapoor & Anr. ... Petitioners Vs Dr. R.R.Sharma & Anr. ... Respondents 14. A seller cannot claim the status of a consumer NATIONAL COMMISSION, NEW DELHI REVISION PETITION NO. 817 OF 1996 M/s. Sakthi Sugars Ltd., Orissa - Petitioner Vs Sridhar Sahoo & Others - Respondents 15. Omission to make corrective statement on a document is only a clerical mistake and does not amount to deficiency in service. National Commission, New Delhi Revision Petition No. 1106/95 Consumer Protection Council, Rourkela ... Appellant Vs. Asst. Post Master, Bhubaneswar & Ors. ... Respondents 16. The dealer is also responsible for any manufacturing defect NATIONAL COMMISSION, NEW DELHI REVISION PETITION NO. 955 OF 1996 Harmohinder Singh ... Petitioner Vs Anil Sehgal & Anr. ... Respondents 17. When a delay in filing a case occurs due to assurances given by the dealer, point of limitation cannot be raised by the O.P. NATIONAL COMMISSION, NEW DELHI REVISION PETITION NOS. 850-851 OF 1996 West Bengal Agro Industries Corporation -- Petitioner Vs. Shri Bijoy Kumar Roy & Anr. -- Respondents 18. Consumer Protection Act is not for entertaining or compensating speculative transactions or losses NATIONAL COMMISSION, NEW DELHI REVISION PETITION NO. 55 OF 1997 Unit Trust of India -- Petitioner Vs. Smt. Sabitri Devi Agarwal -- Respondent 19. When a child is admitted to a school, both the child and the parents are consumers. When the child suffers due to injury, parents also suffer and they are entitled to damages. National Commission, New Delhi First Appeal 518 of 1994 S. Somasundaram --- Appellant Vs. The Correspondent, Sri Chakravarthy International Matriculation Academy --- Respondent 20. Consumer fora to protect the interest of the consumer can grant relief on the basis of the facts in the complaint and the overall circumstances of the case. National Commission, New Delhi Revision Petition No. 909 of 2001 Maruti Udyog Limited --- Petitioner Vs. Mrs. Bhawana Sabharwal & Anr. --- Respondents 21. Interest shall have to be paid by the Financial Company, even beyond the date of maturity, if for any reason there is delay in making the payment to the depositor. National Commission, New Delhi First Appeal No. 60 of 1995 M/s Sakthi Finance Ltd. --- Appellant Vs. A. James --- Respondent 22. "Co-operative Societies do come under the purview of theConsumer Protection Act and hence the District Forum can exercise jurisdiction over them". National Commission, New Delhi Revision Petition Nos. 823 to 826 of 2001 Smt. Kalawati & Ors. --- Petitioners Vs. M/s United Vaish Co-operative Thrift & Credit Society Ltd. --- Respondent 23. "State Commission cannot deny production of additional evidence, even in the Appeals" National Commission, New Delhi Revision Petition No. 120 & 121of 2000 Khivraj Motors ...... Petitioners Vs. V. Chandrababu & Anr. ...... Respondents 24. "Just because a particular charge was not paid, due to its own mistake, the Electricity Company cannot penalise the consumer National Commission, New Delhi Revision Petition No. 1163 of 2001 S.Kulandairajan ---- Petitioner Vs. The Junior Engineer, Rural/North, Tamil Nadu Electricity Board & Anr. ---- Respopndents 25. Consumer Courts ought to examine the reasonability of the compensation claimed by the complainant National Commission, New Delhi First Appeal No. 208 of 2001 Ashutosh Mishra ---- Appellant Vs. N.C.Panigrahi ---- Respondent 26. The provisions of the Consumer Protection Act have to be construed in favour of the consumer. National Commission, New Delhi Revision Petition No. 1563 of 2000 Smt. Y.Yasodhamma & Ors. ---- Petitioners Vs. The Supdt. of Prohibition & Excise ---- Respondent 27. An applicant for certified copy of a judicial order, who deposits a fee for obtaining such copy is a "consumer". Administrative functions of soverign functionaries also come under the purview of the CP Act" National Commission, New Delhi Revision Petition No. 2135 of 2000 Shri Prabhakar Vyankoba Aadone ---- Petitioner Vs. Supreintendent, Civil Court ---- Respondent 28. Authorised representatives and consumer organisations can represent and argue before the consumer fora *(Excerpts from the order of the National Commission)* National Commission, New Delhi Revision Petition No. 1017 of 2002 In the matter of: Authorised Representative of the Parties 29.Condonation of delay has to be based on sufficient cause, especially when the right of the consumer is concerned, against the might of the State Authority National Commission, New Delhi Revision Petition No. 2696 of 2002 Ashok Kumar --- Petitioner Vs. HVPNL --- Respondent 30. Lack of internal communication cannot be a ground for depriving the consumer of his rightful due National Commission, New Delhi Revision Petition No. 2520 of 2002 Lawang T. Pulger & Anr. -- Petitioner Vs. M/s ICICI Infotech Services Ltd. & Anr. -- Respondents 31. Directions for providing uninterrupted power supply cannot be sustained National Commission, New Delhi First Appeal no. 355 of 1995 Kerala State Electricity Board -- Appellant Vs. Raveendran -- Respondent 32. For any act or error within the office of the Respondent, complainant cannot be faulted. National Commission, New Delhi First Appeal no. 210 of 1996 Consumer & Human Rights Forum -- Appellant Vs. Kotak Mahindra Finance Ltd. -- Respondent 33.Consumer Forums while assessing damages should put themselves in the position of the complainant as to how he suffered. National Commission, New Delhi Revision Petition No. 604 of 2003 Chandrakant Mahadev Kadam .. Petitioner Vs Asstt. Engineer, MSEB, Atpadi & Ors. .. Respondents 34. A consumer dispute cannot be decided by a District Forum, when no part of cause of action arises within its territorial jurisdiction. National Commission, New Delhi Revision Petition No. 182 of 2004/A Kamakashya Prasad .. Petitioner Vs Lalji Sah Krishi Kendra & Ors. ... Respondents 35. Kisan Vikas Patra wrongly issued to complainant (HUF). National Commission awards compensation, though there was no contract as per the Rules notified by the Government for the issue of the Patras National Commission, New Delhi Revision Petition No. 2033 of 2004 Union of India & Others ---- Petitioners Vs. Dr. Satinder Nath Verma (HUF) ---- Respondent 36. Ministry of Petroleum directed to ensure the upgradation of LPG bottling plants within 4 years. National Commission, New Delhi Original Petition No. 224 of 2001 Consumer Protection Council, Rourkela ... Complainant(s) Vs. Indian Oil Corporation Ltd. & Ors. .... Opposite Parties Top

Consumer Protection Council, Rourkela