Topic
The Uttarakhand State Commission ruled that for consumer complaints over goods, territorial jurisdiction lies where the sale and delivery took place, not where the complainant resides. This clarifies forum selection under Section 11 of the CPA, affecting consumers, manufacturers and dealers in interstate transactions.
The West Bengal State Consumer Commission ruled that a person becomes a consumer under the Consumer Protection Act, 2019 by demonstrating intent to pay for a service, even if payment is never made. This clarifies the scope of consumer protection for service users in repair, maintenance, and similar industries where possessory liens are commonly invoked.
NCDRC rules that developmental authorities cannot levy non-construction fees unless physical possession of the property is handed over. Buyers retain consumer status until possession, reinforcing protections against unjust financial burdens under the Consumer Protection Act.
Rajasthan State Consumer Disputes Redressal Commission clarifies that commercial purchases for livelihood-based businesses qualify as 'consumers' under the Consumer Protection Act, 1986. The ruling ensures that even machinery buyers like earthmover operators can seek redressal for deficiency in service, reinforcing protections for small-scale commercial users.
Chandigarh State Consumer Commission rules that investors in commercial property for assured returns do not qualify as 'consumers' under the CPA 2019, dismissing complaints for lack of maintainability. The decision clarifies that investment intent, not personal use, determines consumer status in real estate disputes.
The Delhi State Consumer Commission ruled that availing an overdraft against fixed deposits does not automatically classify a person as a non-consumer under the Consumer Protection Act 1986. The bank must prove the transaction was for commercial gain to deny consumer protections, reinforcing the burden of evidence in banking disputes.