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NUPUR BHATI
Gupta Sales Corporation – Appellant
Versus
National Consumer Disputes Redressal Commission, Upbhokta Nyay Bhawan, F- Block, General Post Office Complex, New Delhi – Respondent
ORDER :
Nupur Bhati, J.
1. The instant writ petition has been filed, under Article 226 and Article 227 of the Constitution of India, 1950, by the petitioner against the order dated 23.06.2021 passed by the respondent no.2-State Consumer Disputes Redressal Commission, Jaipur (hereinafter referred to as ‘the respondent no.2/SCDRC’) and order dated 23.02.2024 passed by the respondent no.1-National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as ‘the respondent no.1/NCDRC’).
2. The instant writ petition has been filed with the following prayer:
(A) Judgment Exhibit 7 dt. 23.06.2021 partly allowing the appeal filed petitioner may kindly be modified to the extent dismissing the complaint Exhibit 3 intoto filed by the private respondent.
(B) Judgment Exhibit 8 dt. 23.02.2024 passed by the learned respondent no.1 may kindly be partly quashed and set aside to the extent it dismisses the Revision Petition filed by the petitioner.
(C) Cost of writ petition may kindly be allowed.
(D) Pass such other orders, as may be deemed fit an
The Consumer Protection Act, 1986 is designed to protect consumers from unfair trade practices and should be interpreted in favor of consumer interests.
A consumer under the Consumer Protection Act excludes those purchasing for commercial purposes, impacting liability for defects.
A charitable institution purchasing goods for operational use qualifies as a consumer under the Consumer Protection Act, 1986.
Point of law : Statute cannot exercise power to issue a commission for local inspection in absence of said power as are vested in a civil court under Code of Civil Procedure being not specifically co....
Point of Law : President or the senior most member is entitled to conduct proceedings of the National Commission in accordance with the statutory prescription.
(1) Power of review - National Commission can exercise power of review limited to cases where some prima facie error appears in the impugned order.(2) Findings - Findings can be concluded to be perve....
An unregistered agreement does not invalidate a consumer complaint; service of notice is deemed valid under the applicable law, and the appropriate legal remedy is an appeal, not a revision.
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