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Bombay High Court Allows Bail to Developer in Consumer Execution Proceedings for Non-Compliance of Refund Order. Held that Section 27 of Consumer Protection Act, 1986 is penal in nature and bail should be granted liberally unless there is likelihood of abscondence or tampering with evidence.

The petitioner, Suhas Ratnakar Morey, a developer, was involved in a consumer dispute with the respondent, Dhanraj Tulshiram Khaparde, who had paid Rs...

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Bombay High Court Quashes Conviction in Consumer Protection Act Penalty Case for Violation of Summary Trial Procedure. Failure to Record Plea and Conduct Trial as Per Sections 254 and 262 CrPC Renders Proceedings Void.

The petitioner, Suhas Ratnakar Morey, was convicted by the Maharashtra State Consumer Disputes Redressal Commission (State Commission) under Section 2...

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Supreme Court Allows Homebuyers' Appeal Against NCDRC Order Adjourning Consumer Complaint Sine Die; Moratorium Under Section 14 IBC Does Not Extend to Non-Corporate Debtor Respondents. Proceedings Against Directors, Promoters, and Landowners Can Continue Independently During CIRP of Developer.

The dispute arose from a consumer complaint filed by homebuyers (appellants) against Mantri Technology Constellations Pvt. Ltd. (Respondent No. 1) and...

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Bombay High Court Dismisses Petitions Challenging Consumer Forum Jurisdiction Over Cooperative Credit Societies. Members of Managing Committees Cannot Claim Immunity from Consumer Forum Orders as Cooperative Credit Societies Provide Services for Remuneration.

This group of writ petitions was filed by members of managing committees of cooperative credit societies challenging the jurisdiction of the District ...

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Supreme Court Dismisses Bank's Appeal in Consumer Dispute Over Cheque Clearing Deficiency. Bank held liable for deficiency in service under Consumer Protection Act, 1986 due to negligence in presenting cheques within validity period, with compensation awarded for loss caused by expired cheques.

The Supreme Court of India heard two civil appeals filed by Canara Bank against a judgment of the National Consumer Disputes Redressal Commission. The...

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Supreme Court Partly Allows GMADA's Appeal in Consumer Case; Sets Aside Additional Loan Interest Award. Refund of Flat Purchase Amount with 8% Compound Interest Upheld as per Letter of Intent, but Directing Developer to Pay Interest on Home Loan Not Justified.

The dispute arose from a residential scheme launched by Greater Mohali Area Development Authority (GMADA) for 'Purab Premium Apartments' in Sector 88,...

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High Court of Judicature at Bombay Dismisses Builder’s Writ Petition Challenging NCDRC’s Rejection of Condonation of 1132-Day Delay; No Perversity Found. Delay in Appeal Against State Commission Order Not Sufficiently Explained Under Section 23 of Consumer Protection Act, 1986.

The petitioners, a construction firm and its partners, launched a real estate project and received an investment of Rs. 6,50,000/- from the respondent...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...