Consumer Protection Council, Rourkela
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Important judgements passed by the Supreme Court

1. Consumer Forums have to give reasons for their conclusions so as to avoid arbitrariness and also to enable the higher forum to test the correctness of those reasons.


Charan Singh                                                ---- Appellant
Healing Touch Hospital & Ors.                        ---- Respopndents

2. Medical Services are covered under the Consumer Protection Act.
Civil Appeal No. 688 of 1993
[With C.A. No. 689/93, W.P. (C) No. 16/94, C.A. No. 4664-4665/94, C.A. No. 254/94 and C.A. Nos. 10039, 10081, 10052-80/95 {Arising out of SLP (C) Nos. 18497/93, 21755/94 and 18445-73/94, SLP (C) Nos. 6885/92, 6950/92, 351/93, 21348/93 and 21349 of 1993] 

Indian Medical Association     .... Appellant
V.P.Shantha & Ors.               .... Respondents

3. Housing Construction activities also come under the purview of the CP Act.
Civil Appeal No. 6237 of 1990 
[With SLP (Civil) No. 659 of 1991 and 16842 of 1992 C.A. Nos. 3963 of 1989, 5534 of 1990, 6236 of 1990, 5257 of 1990 and 
2954-59 of 1992] 

Lucknow Development Authority     .... Appellant
M.K.Gupta                                    .... Respondents

4. One District Forum for every 2/3 districts can be stablished if the monthly workload is less than 150 cases.  Otherwise independent District Forums should be established for each district.
Writ Petition (Civil) No. 1141 of 1988 

Common Cause, A Registered Society & Anr.    .... Petitioner
Union of India & Ors.                                        .... Respondents

5. Employees Provident Fund Scheme comes under the purview of the CP Act and its member is a Consumer.

Civil Appeal from No. 411 of 1997

Regional Provident Fund Commissioner          .... Appellant
Shiv Kumar Joshi                                            .... Respondents

6. Parties are bound by a specific  term in contract limiting liability.
Civil Appeal No. 9057 of 1996

Bharati Knitting Company                                                .... Appellant
DHL Worldwide Express Courier Division of Air freight     .... Respondents

7. When passengers are carried without charging any fare, in a goods carrier, there is no violation of contract & the Insurance Co. is liable to fulfill its obligations under the polcy.
Civil Appeal No. 9878 of 1995

A. Nazar                                                    .... Appellant
New India Assurance Co. Ltd.                    .... Respondents

8. Services rendered to a Govt. servant by his employer does not come under the purview of the Act.
Civil Appeal No. 7092 of 1996

State of Orissa                                                   .... Appellant
Divisional Manager, LIC of India and another     .... Respondents

9. Even where there is a contract between the parties to settle any dispute through arbitration, the Consumer Courts are competent to intervene.
Civil Appeal No. 11459 of 1996

Fair Air Engineers Pvt. Ltd. and another                  .... Appellant
N.K. Modi                                                             .... Respondents

10. Just as the insured has a duty to disclose, similarly, it is the duty of the insurers and their agents to disclose all material facts within their knowledge.  Otherwise, the insured is not bound by such clauses which are not brought to his knowledge.
Civil Appeal No. 6075-76 and 11443-44 of 1995

United India Insurance Co. Ltd.                     .... Appellant
M.K.J. Corporation                                       .... Respondents

11. When an employer collects premium on behalf of LIC, under the Salary Savings Scheme, he becomes an authorised agent to do so and for his ommissions, as principal, LIC will be liable.  Even in case of non-receipt of the premium from the employer after due deduction from the employee, LIC shall be bound to honour the claim of the insured employee.

Civil Appeal No. 6113 of 1995, decided on 28-9-1999

Delhi Electric Supply Undertaking                          .... Appellant
Basanti Devi And Anr.                                           .... Respondents

12. Non printing of sale price on packages of films imported and sold in India by its distributors is an unfair trade practice.

Civil Appeal No. 5310 of 1990, decided on 3-8-1999

Indian Photographic Co. Ltd.                                    .... Appellant
H.D.Shourie                                                             .... Respondents

13. Offering prizes for promoting sale of a product without increasing its price does not amount to unfair trade practice.

Civil Appeal No. 2939 of 1989, decided on 11-08-1998

H.M.M. Limited                                                            .... Appellant
Director General, MRTP Commission                           .... Respondent

14. Hefty compensation awarded for medical negligence.

V. KRISHNAKUMAR                                          ... APPELLANT
STATE OF TAMIL NADU & ORS.                        ... RESPONDENTS
with CIVIL APPEAL No. 5402 OF 2010

15. In a contract of insurance, the contract is to be construed in favour of the insured, in case of ambiguity or doubt.

Appeal (Civil) 391 of 1999

United India Insurance Co. Ltd.                   -    PETITIONER
M/s. Pushpalaya Printers                           -    RESPONDENT




Consumer Protection Council, Rourkela