Search Results Page
Search Results
1 - 6 of 6 (0.62 seconds)Consumer Protection Act, 2019
Article 142 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003
Wg. Cdr. Arifur Rahman Khan And Aleya ... vs Dlf Southern Homes Pvt. Ltd. (Now Known ... on 24 August, 2020
Hence, he is entitled to compensation from OP-1/Petitioner herein. Section 39(1) of the Consumer Protection Act, 2019/Section 14(1) of Consumer Protection Act, 1986. empowers the Consumer Commissions to remove the deficiency in service if allegations contained in the complaint about the services are proved. As was held by the Hon'ble Supreme Court in Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and Ors. vs DLF Southern Homes Pvt. Ltd. & Ors. (2020) 16 SCC 512 "....jurisdiction of the consumer forums to award just and fair compensation as an incident of its power to direct the removal of deficiency in service is not constrained by terms of a rate which is prescribed in an unfair bargain. "The word "Compensation" is of a very vide connotation. It may constitute actual loss or expected loss and may extend to compensation for physical, mental or even emotional suffering, insult or injury or loss. The provisions of Consumer Protection Act enable a consumer to claim and empower the commission to redress any injustice done". Hence, the consumer Fora have a power to award compensation for deficiency in service. However, such compensation can be awarded only to the complainant(s), who has got a deficient service and not to any third party. Hence, not withstanding the good intentions of the State Commission, we tend to agree with the contentions of the petitioner herein that State Commission went wrong in directing to pay an amount of Rs.20,000/- to PGIMER, Chandigarh in each case, which shall be further deposited in the Poor Patient Welfare Fund maintained by PGIMER, Chandigarh for treatment of cancer patients.
1