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1 - 9 of 9 (0.28 seconds)Article 227 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Cci Chambers Co-Op. Hsg. Society Ltd vs Development Credit Bank Ltd on 29 August, 2003
17. Further, it is also well-settled legal position [CCI
Chambers Coop. Hsg. Society Ltd. v. Development Credit
Bank Ltd., (2003) 7 SCC 233] that requirement of leading
detailed evidence could not be a ground to shut the doors of
any forum created under the Act like the Consumer Protection
Act. The anvil on which entertainability of a complaint by a
forum under the Act is to be determined, is whether the
questions, though complicated they may be, are capable of
being determined by summary enquiry."
Section 58 in Consumer Protection Act, 2019 [Entire Act]
Section 21 in Consumer Protection Act, 2019 [Entire Act]
Maruti Udyog Limited vs Hasmukh Lakshmichand on 26 May, 2009
16. It is also pertinent to mention here that in an order
passed by the NCDRC in the case of Maruti Udyog Limited v.
Hasmukh Lakshmichand6, which order has been relied upon
by the NCDRC in the present case, the question which fell for
consideration in that Revision Petition was - as to whether
there was any "manufacturing defect" in the car or not? The
NCDRC noted that the onus to prove the defect is on the
complainant. Section 13(1)(c) of the Consumer Protection Act,
1986 was referred which provided that if a complainant alleges
a defect in the goods which cannot be determined without
proper analysis or test of the goods, the District Forum shall
obtain sample of the goods from the complainant, seal it and
5
(2023) 7 SCC 775
6
2009 SCC OnLine NCDRC 74
Dr.(Mrs.) A.Athilakshmi vs A. Ravi on 1 February, 2007
In this regard,
the learned counsel for the petitioners has rightly referred to
the judgment of the Supreme Court in the case of Chairman
and Managing Director, City Union Bank Limited Vs. R.
Chandramohan5.
Sunil Kumar vs Sbi Life Insu.Co.Ltd. on 12 November, 2022
18. At this stage it is pertinent to refer to a judgment
of the Supreme Court in Sunil Kumar Maity v. SBI7, certain
observations of which are extracted below:-
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