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Thursday, August 18, 2011

Forceful repossession of vehicle - deficiency in 'service'

L&T Finance, IV (2010) CPJ 402 (NC)
ICICI Bank v. Prakash Kaur, (2007) 2 SCC 741
ICICI Bank v. Shanti Devi, (2008) 7 SCC 532


repossession of a vehicle forcibly without serving any notice is violation of principles of natural justice.

Wednesday, August 17, 2011

Order is not effective unless communicated to the concerned party

AIR 1963 SC 395
AIR 1996 SC 1313
AIR 1998 SC 2722
(2002) 8 SCC 443
(2003) 5 SCC 413

pecuniary jurisdiction of the consumer forum

At the admission stage itself, the complainant has to prima facie satisfy that sufficient justification and material exist to make claim. I (2011) CPJ 308 (NC)

If the claim is exaggerated, it is to be rejected.

consumer - dispute : purchasing more than one vehicle makes it commercial purpose

Purchasing more than one vehicle for doing transport business amounts to commercial purpose 


1 (2011) CPJ  264 (NC)

Purchase in Open Auction is not 'consumer disputes'

I (2011) CPJ 449
I (2011) CPJ 526
(2009) 4 SCC 660 / II (CPJ) 1 SC

Doctrine of Election in consumer matters

It is well settled principle of law that once the complainant had adopted certain route for redressal  of his grievance, then he should have availed that to the logical end of that route.


III (2006) CPJ 136 (NC)
I (2011) CPJ 395

Saturday, August 13, 2011