TagConsumer Protection

Consumer Disputes to be Non-Arbitrable: SC Lays to Rest the Controversy

[Nidhisha Garg is a 3rd year student at NLIU Bhopal] The Supreme Court observed in Emaar MGF Land Limited v. Aftab Singh (10 December 2018) that consumer disputes are non-arbitrable, thus putting to rest the ongoing debate on the same. Aftab Singh, in the present matter was aggrieved due to the delayed delivery of possession by the Emaar MGF upon purchase of property. The buyer’s agreement had an...

Consumer Protection Bill, 2018: A Paradigm Shift?

[Chirali Jain is a BBA LLB (Hons) student at National Law University, Jodhpur] On 20 December 2018, the Lok Sabha passed the Consumer Protection Bill, 2018 (the “Bill”) which is an attempt to replace the entire Consumer Protection Act, 1986 (the “1986 Act”). The question is whether there was a need to replace the entire legislation? What were the insurmountable obstacles that led to a three...

Making Arbitration More Consumer Friendly – The Way Forward in India

[Chandni Ghatak is a 4th year student at National Law University-Jodhpur. A related post on the topic is available here.] The Supreme Court of India has finally clarified  as to what prevails in the battle between statutory remedy and arbitration in relation to resolving consumer disputes by upholding the decision earlier rendered by the National Consumer Disputes Redressal Commission (“NCDRC”)...

No Arbitration in Consumer and Real Estate Disputes

[Ajar Rab is a Partner at Rab & Rab Associates LLP, Dehradun] In an earlier post, I had discussed the decision of the National Consumer Disputes Redressal Commission (“NCDRC”) in Aftab Singh v. Emaar MGF Land Limited & Anr, which had held that consumers disputes are not arbitrable under section 2(3) of the Arbitration and Conciliation Act, 1996. The post had referred to the possibility of...

The Status of MLM Companies in India

[Shubhi Goyal is a 4th Year Student at NALSAR University of Law, Hyderabad] Multi-level Marketing Companies (“MLM Companies”) sell their products and services directly to consumers, instead of following the traditional distribution channel of Manufacturer – Distributor – Wholesaler – Retailer – Consumer. They rely for their business on a non-salaried workforce, which sells products to...

The Curious Case of Homebuyers under the Insolvency and Bankruptcy Code, 2016

[Manaswi Agarwal is an advocate based in Mumbai and Aayush Mitruka is an advocate based in New Delhi] One of the crucial issues which has emerged and is widely talked about under the Insolvency and Bankruptcy Code, 2016 (Code) relates to the interest of homebuyers under the Code. The jurisprudence developing around the Code does not adequately address their concerns, and therefore the law...

Miscellaneous

1. Put Options & Foreign Exchange Regulations We have in the past discussed the questions regarding the enforceability of put and call options under securities laws and regulations, primarily the Securities Contracts (Regulation) Act, 1956. In addition, if put options are entered into by foreign investors, the Foreign Exchange Management Act, 1999 and regulations issued by the Reserve Bank of...

The Issue of Limitation in Consumer Complaints

A recent note discusses the decision of the Supreme Court in Kandimalla Raghavaiah v. National Insurance, concluding that it is being misinterpreted, and lays down dangerous precedent for insurance claims. While the concern highlighted by the abovementioned note, that “consumers will continue to find themselves at the receiving end with genuine complaints being thrown out for being time–barred”...

Air Travel, International Airlines and Liabilities

(The following post comes to us from Sumit Agrawal, who is an alumnus of the National Law University, Jodhpur and associated with the Securities and Exchange Board of India (SEBI) as Legal Officer in its Integrated Surveillance Department. Views expressed herein are his own. Email: [email protected]) Losing luggage on foreign land is a life-time experience, especially when you are about...

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Recent Posts

Topics

Recent Comments

Archives

web analytics