Consumer Protection Act, 2019

The petitioners challenged the constitutionality of sections 34(1), 47(1)(a)(i) and 58(1)(a)(i) of the Consumer Protection Act, 2019, which base the pecuniary jurisdiction of district, state and national consumer commissions on the value of consideration paid rather than the compensation claimed. The challenge arose fr…

Universal Sompo General Insurance Company filed a claim for theft and fire under policies issued to a consumer. The State Consumer Disputes Redressal Commission ordered the insurer to pay compensation, which the insurer appealed to the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC dismissed the app…

The appellants, a group of flat buyers, filed a consumer complaint against the developer, M/s S.J.R. Prime Corporation, alleging delayed possession and various charges. The NCDRC ordered the developer to pay delayed compensation and to construct promised amenities, but the developer had previously been declared by the …

The Supreme Court examined whether mobile service providers (MSPs) could claim CENVAT credit on excise duties paid for mobile towers and prefabricated buildings (PFBs) used in their networks. The dispute arose from conflicting decisions of the Bombay High Court, which held the towers and PFBs to be immovable property a…

The respondent, Snehasis Nanda, bought a flat and entered into a sale agreement with a borrower, while Citicorp Finance (the appellant) granted a home loan to the borrower and transferred part of the loan amount to the bank to foreclose the borrower's existing loan. Nanda claimed that under a purported Tripartite Agree…

The Supreme Court examined a consumer complaint filed by two trusts on behalf of credit‑card users alleging that banks were charging exorbitant interest rates of 36%‑49% p.a., which the National Consumer Disputes Redressal Commission (NCDRC) had deemed an unfair trade practice and capped at 30% p.a. The Court held that…

Amitabha Dasgupta, a locker holder, complained that United Bank of India had inadvertently broken open his locker despite his rental dues being cleared, and that only two of the seven ornaments he claimed to have deposited were returned. The District Consumer Forum found a deficiency of service and awarded compensation…

Experion Developers, the builder of the Windchants housing project, increased the sale area of apartments and demanded extra payment from the allottees. The allottees (respondents) filed a consumer complaint seeking a refund of the excess amount, and the National Consumer Disputes Redressal Commission (NCDRC) ordered t…

The builder, Brigade Enterprises Ltd., appealed against the National Consumer Disputes Redressal Commission’s order permitting 91 purchasers of 51 apartments to file a consumer complaint under Section 35(1)(c) of the Consumer Protection Act, 2019 on behalf of all 1,134 buyers in the residential project. The Supreme Cou…

The respondents booked flats with the appellant‑builder but the flats were not delivered on time, prompting them to file consumer complaints before the National Consumer Disputes Redressal Commission (NCDRC) seeking a refund. Under Section 38(2)(a) of the Consumer Protection Act, 2019, the appellant had 30 days to file…

The appellants filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) on 18 June 2020 under the Consumer Protection Act, 1986, seeking a refund of Rs. 2.19 crores. The Consumer Protection Act, 2019 came into force on 20 July 2020, raising the NCDRC's pecuniary jurisdiction from Rs…

Vodafone Idea Cellular Ltd. filed a consumer complaint alleging over‑charging for mobile services, which the consumer, Ajay Kumar Agarwal, pursued before the District Consumer Disputes Redressal Forum. The appellant argued that Section 7B of the Telegraph Act, 1885, which mandates arbitration for disputes concerning te…

The Alpha G184 Owners Association, a society of housing project allottees, filed several consumer complaints before the National Consumer Disputes Redressal Commission seeking possession, compensation for delay and other reliefs against Magnum International Trading Company, the builder. The builder challenged the assoc…

ECGC Limited, having obtained a construction contract with the Government of Basra, Iraq, paid a premium and later faced suspension of payments and withdrawal of the contract. It filed a complaint under Section 21(a)(i) of the Consumer Protection Act, 1986 before the National Consumer Disputes Redressal Commission, whi…

The appellant society, representing homebuyers, challenged the NCLAT's order admitting Takshashila Heights India Private Ltd (the corporate debtor) into the Corporate Insolvency Resolution Process (CIRP) on a petition filed by Edelweiss Asset Reconstruction Company Ltd (the financial creditor). The society also contest…

The appeal concerned a order of the National Consumer Disputes Redressal Commission (NCDRC) that condoned a 100‑day delay in filing the respondent's written statement in a consumer complaint. The condonation was granted on 25 February 2020, a few days before the Supreme Court’s Constitution Bench judgment in New India …

The Bar of Indian Lawyers filed a civil appeal challenging a National Consumer Disputes Redressal Commission (NCDRC) order that allowed a consumer complaint alleging deficiency in service against an advocate. The appellant argued that legal services are a "contract of personal service" and therefore fall within the exc…

The appellant, a consumer who booked a flat, obtained a decree from the Delhi State Consumer Redressal Forum directing possession and compensation, which was appealed to the National Consumer Disputes Redressal Commission (NCDRC) under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019. The NCDRC upheld the Sta…

The appellant National Insurance Co. Ltd. denied fire‑insurance claims of Harsolia Motors, a commercial enterprise, which led the respondents to file a complaint under the Consumer Protection Act, 1986 (CPA 1986). The Gujarat State Commission held the respondents were not "consumers" because the insurance was for a com…

The Ansal Crown Heights Flat Buyers Association, representing flat buyers, entered into agreements with Ansal Crown Infrabuild Pvt. Ltd. (ACIPL) for possession of apartments, which were not delivered. The association filed two consumer complaints against ACIPL and its directors/promoters; the National Consumer Disputes…

The case involved a dispute between IREO Grace Realtech Pvt. Ltd., a real‑estate developer, and a group of apartment buyers over the delayed possession of flats in the "The Corridors" project. The buyers alleged that the developer had incorporated one‑sided clauses in the Apartment Buyer’s Agreement, failed to obtain t…

The appellant, Texco Marketing Pvt. Ltd., bought a fire insurance policy from Tata AIG that excluded coverage for basement premises, yet the insured shop was located in a basement. After a fire, the insurer denied the claim relying on the exclusion clause. The State Consumer Commission held the insurer liable for defic…

The builders Manohar Infrastructure and Constructions Pvt Ltd and TDI Infrastructure Ltd appealed orders of the State Consumer Commission directing them to refund home‑buyers, arguing that the National Consumer Disputes Redressal Commission (NCDC) should not require deposit of the entire decretal amount as a condition …

Ricardo Constructions Pvt. Ltd. appealed against the National Consumer Disputes Redressal Commission’s order that barred it from filing a written statement in a complaint filed by Ravi Kuckian and 30 others. The appellant argued that it never received a copy of the complaint, only a notice, and therefore could not meet…

Sohom Shipping Pvt. Ltd. insured a single voyage of its barge Srijoy II from Mumbai to Kolkata with New India Assurance for the period 16 May‑15 June 2013, subject to a special condition that the voyage must commence and be completed before the monsoon sets in. The vessel departed on 6 June 2013, was forced to anchor d…

The appellants, a group of builders, entered into a sale agreement to construct a villa for the respondent, a home‑buyer, but failed to deliver possession and subsequently terminated the agreement. The buyer filed a complaint under the Consumer Protection Act, 2019 before the District Consumer Forum, while the builders…

The husband of a patient filed a consumer complaint under the Consumer Protection Act, 1986 alleging medical negligence by Dr. P.B. Lall, which was partly upheld by the District Forum awarding compensation. The State Consumer Disputes Redressal Commission set aside the award, and the matter proceeded to the National Co…

The petitioners challenged the West Bengal Housing Industry Regulation Act, 2017 (WB‑HIRA) on the ground that it largely reproduces the provisions of the central Real Estate (Regulation and Development) Act, 2016 (RERA) and therefore violates the doctrine of repugnancy under Article 254 of the Constitution. The Court e…

The appellant, Imperia Structures Ltd., launched a housing scheme in 2011 and entered builder‑buyer agreements with the respondents in 2013. After the Real Estate (Regulation and Development) Act, 2016 (RERA) came into force, the respondents filed consumer complaints alleging delay and deficiency, seeking refunds with …

The respondents booked an apartment with Godrej Projects and paid a 20% earnest money deposit as per the Apartment Buyer Agreement. After the developer offered possession in June 2017, the respondents cancelled the purchase citing a market recession and demanded a full refund of Rs.51,12,310 with interest. The NCDRC or…