Common Law

So, what is a Consumer Protection Act !! As the name would suggest, it sought to furnish an (advanced) legal framework, to protect us as Consumers, from being cheated, from defective, inferior, duplicated or hazardous, goods and services. To start with, now a Complaint can be filed electronically; and the hearings, on request, can be conducted through Video Conferencing. Another notable feature that can be elicited is that, by virtue of Section 65, now Notices to the parties, especially to the opposite parties, can be served by electronic means. It follows that Notices can even be served through Email and Whatsapp. These are extraordinary provisions. The Mediation is formally inducted in the adjudicating process, notwithstanding settlement option was otherwise always available to the litigating parties. Another important issue that has been addressed in the new regime is, aptly defining the pecuniary jurisdiction of these Tribunals. Now it has been specifically stated (u/ss 34, 47 ...

  Summary Suits are contemplated under Order XXXVII (Order 37) of Civil Procedure Code of 1908, a very powerful and expeditious remedy (in theory) provided under the law for recovering moneys, which are routinely trapped in commercial transactions. The very purpose of enacting Summary Suits is to give strength to commerce and industry by inspiring confidence in commercial population that their money claims would be expeditiously decided and their claims will not hang on for years blocking their money for a long period. The Summary procedure is a powerful weapon in the hands of Court to shut out frivolous defenses which are raised in commercial causes with a view to prolong the litigation. Summary Suits are maintainable upon negotiable instruments, like bills of exchange, including cheques, hundies and promissory notes; and are also maintainable in cases where the person seeks to recover a debt or liquidated demand in money, arising out of a (a) written contract (Includes comm...