Absence of Prayer: No Bar to Relief in Consumer Cases?

2024 0 Supreme(All) 1394

In absence of a final prayer having been made for setting aside the order dated 07.09.2022 passed by the State Consumer Disputes Redressal Commission, this Court cannot grant an interim relief staying operation of the aforesaid order, as the interim relief can only in incidental and ancillary to the ... (iii) Without challenging the validity of the order dated 07.09.2022, passed by the State Co....

2022 0 Supreme(Bom) 605

EA/20/84 pending before the learned Additional District Consumer Disputes Redressal Forum, Nagpur during the pendency of this petition; and (F) Grant ad-interim relief in terms of Prayer Clause (E) above; and (G) Grant such other relief that this Hon’ble Court ... Therefore, the pleadings as contained in the Writ Petition would hardly satisfy the test of law laid down by the Hon’ble Apex Court in Joint Se....

2025 Supreme(Online)(SCDRC) 28614

So, from the documents and pleadings, we conclude that the complainant paid nearly 90% of the amount to the opposite party. The opposite party did not deny the fact that the apartment was not ready to occupy. ... The law laid down in the above referred cases are that simply because of an Agreement and reception of a partial payment by the consumer he will not academical....

Consumer

the then existing law. ... The repeal of a law shall not affect the previous operation of any enactment i.e. the proceedings under Consumer Protection Act, 1986 shall continue for cases which had been filed prior to the implementation of Consumer Protection Act, 2019 on 20.07.2020. ... However, during the period March 2020, the work of the District Consumer Forum was disrupted due to Cov....

2023 0 Supreme(Ker) 406

Courts are existing for dispensation of justice and not for its denial for technical reasons when law and justice otherwise demand. Even though inherent power saved under S.482 of the Cr. ... P.C. is only in favour of High Courts, the subordinate criminal courts are also not powerless in cases like this to do what is absolutely necessary for dispensation of justice in the absence of a specific enabling pr....

2023 Supreme(Online)(KER) 27686

Courts are existing for dispensation of justice and not for its denial for technical reasons when law and justice otherwise demand. Even though inherent power saved under S.482 of the Cr. ... P.C. is only in favour of High Courts, the subordinate criminal courts are also not powerless in cases like this to do what is absolutely necessary for dispensation of justice in the absence of a specific enabling pr....

Consumer

It is also not defined in the Act. In the absence of a definition, we have to go by its ordinary meaning. ... Any deficiency detected post-purchase opens up an avenue for the aggrieved consumer to seek relief before the Consumer Fora. The reasoning of NCDRC is, thus, indefensible. ... Applying the principles laid down by the Hon’ble Supreme Court in the aforesaid Cases to the facts of th....

No Court is entitled to or has jurisdiction to grant reliefs to a party which are not prayed for in the plaint. 2. In the absence of a prayer for alimony, the Court was correct in refusing to allow the Petitioner to frame an issue relating to alimony. ... Anurudda Dharmaratne submitted that the above order is missing or the absence of prayer (1) above from the petition of appeal renders the peti....

Consumer

It was further stated that in the absence of any claim against the opposite parties regarding injury or loss, the appeal is not maintainable and is not legally tenable. ... Not only this, it is on record, that respondents No.1 & 2 did not deny the claim but the same was pending disposal for want of information/documents from the complainant. ... hand, Consumer Courts ar....

Consumer

The repeal of a law shall not affect the previous operation of any enactment i.e. the proceedings under Consumer Protection Act, 1986 shall continue for cases which had been filed prior to the implementation of Consumer Protection Act, 2019 on 20.07.2020. ... the then existing law. ... Thus, the cases pending or adjudicated and rights/obligations created before the coming into effect of ....

2019 8 Supreme 1

It was in this background, that in prayer (a), the plaintiffs sought a declaration in regard to the character of the mosque as a public mosque and in prayer (b) sought possession, in case it is necessary. Formulating a prayer for relief in such terms is not unknown to the law of pleadings. The appellant herein filed a suit against the respondents claiming, inter alia, for the following reliefs: “(a) For declaration of the plaintiff's title to the suit property;(b) Such was th....

2018 0 Supreme(Bom) 147

(b) In the affidavit in lieu of examination in chief, Mr.Ashish Khialani has stated that he was in charge of the day-today affairs of the proprietory concern. Thus it is said that no amount of evidence, on a plea that is not put forward in the pleadings, can be looked into to grant any relief.” When there is no prayer for a particular relief and no pleadings to support such a relief, and when defendant has no opportunity to resist or oppose such a relief, if the court considers and g....

2017 0 Supreme(Mad) 3898

When there is no prayer for a particular relief and no pleadings to support such a relief, and when defendant has no opportunity to resist or oppose such a relief, if the court considers and grants such a relief, it will lead to miscarriage of justice. The question is whether any relief can be granted, when the defendant had no opportunity to show that the relief proposed by the court could not be granted. Thus it is said that no amount of evidence, on a plea that is not put ....

2017 0 Supreme(All) 1195

The question is whether any relief can be granted, when the defendant had no opportunity to show that the relief proposed by the Court could not be granted. Thus it is said that no amount of evidence, on a plea that is not put forward in the pleadings, can be looked into to grant any relief.” (emphasis added) When there is no prayer for a particular relief and no pleadings to support such a relief, and when defendant has no opportunity to resist or oppose such a relief, if the Co....

2017 0 Supreme(Mad) 877

The question is whether any relief can be granted, when the defendant had no opportunity to show that the relief proposed by the court could not be granted. When there is no prayer for a particular relief and no pleadings to support such a relief, and when defendant has no opportunity to resist or oppose such a relief, if the court considers and grants such a relief, it will lead to miscarriage of justice. Thus it is said that no amount of evidence, on a plea that is not put ....