Tipping the Balance: An Analysis of Delhi High Court’s Ban on Mandatory Service Charges in Restaurants
by Arush Khanna* and Vaibhav Mehra**
Unfair Trade Practice
One-sided Developer-Buyer Agreement; SC refuses to interfere in NCDRC’s order to refund amount in excess of 10% of BSP
The Court reiterated that one-sided Agreements, as in the present case, would be covered by the definition of term “unfair trade practice”.
Non-deployment of air bags, hump heating, defective car: A complete breakdown of SC verdict directing Mercedes to pay Rs. 36 lakhs to buyer
“People do not purchase the high-end luxurious cars to suffer discomfort more particularly when they buy the vehicle keeping utmost faith in the supplier who would make the representations in the brochures or the advertisements projecting and promoting such cars as the finest and safest automobile in the world.”
Role of Dark Patterns in Consumer Decision-Making and Data Disclosure
by Tanu Banerjee†, Sankalp Jain†† and Vaibhav Laddha†††
Inside Thrissur District Consumer Commission order on Britannia selling biscuits below packaged weight
“Such a deceptive act from the part of an erring manufacturer or trader is tantamount to jeopardizing the very dignity of the consumer and his right to live a life free from exploitation or deception or any kind of unfair trade practice.”
Supreme Court sets aside NCDRC order against YRF for not including ‘Jabra Fan’ song in movie; says promotional trailers not binding offers
“Promotional trailers are unilateral and are only meant to encourage a viewer to purchase the ticket to the movie, which is an independent transaction and contract from the promotional trailer. A promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship.”
Not providing free drinking water facility thereby compelling patrons to buy packaged mineral water; DCDRC finds Foresta Café liable for unfair trade practices
The Commission stated that restaurants and cafes have a moral and legal obligation to provide free drinking water to their patrons, and failure to do so constitutes deficiency in services.
Manufacturers failing to provide spare parts required for product’s proper functioning in its anticipated lifespan, constitutes unfair trade practice: DCDRC
Holding Samsung India liable for deficiency in service, DCDRC stated that often companies fail to provide spare parts required for a product’s proper functioning, thereby eventually compelling consumers to discard still-functional products.
Why DCDRC found Cloud Nine Hospital to be guilty of severe deficiency in service while conducting a Code Pink Mock Drill for infant abduction?
DCDRC was of the view that the manner of conducting the mock drill by the hospital was not only a severe deficiency in service but also as an extreme type of unfair trade practice.
CCPA notifies Guidelines for Prevention and Regulation of Dark Patterns, 2023 to prevent unfair trade practice
On 30-11-2023, the Central Consumer Protection Authority notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023. The provisions came into
Delhi High Court grants permanent injunction to Calvin Klein for marks ‘CK’, ‘Calvin Klein’, ‘ck one’ used for perfumes
“Testers are being sold by the defendants, Xeryus Retail (P) Ltd. masquerading them as perfumes of the plaintiff, Coty Germany GMBH for sale, thereby, luring customers into paying money for such testers which are otherwise, not to be commercially dispensed.”
Delhi High Court grants permanent injunction to Lifelong Online Retail (P) Ltd for its mark ‘Lifelong’ in a trade mark infringement suit
The Delhi High Court restrained the defendant from dealing in any goods, under the impugned trade mark ‘Lifelong’ or any other mark as may be identical to or deceptively similar with the plaintiff’s (Lifelong Online Retail (P) Ltd.) registered trade mark ‘Lifelong’, to cause infringement of the plaintiff’s trade marks.
SEBI bans Mehul Choksi from securities market for 10 years and imposes a penalty of Rs. 5 crores for indulging in fraudulent and unfair trade practices
Securities and Exchange Board of India: Mehul C. Choksi has been restrained from buying, selling or dealing in securities and
NCDRC | In a tripartite contract between the seller, service provider and consumer, the seller and service provider are liable for any defect, deficiency and unfair trade practice on any product sold by them
National Consumer Disputes Redressal Commission (NCDRC): While deciding upon the instant complaint concerning alleged unfair trade practice followed by Flipkart of tampering
SCDRC| Consumers should not suffer due to VLCC’s unfair trade practices of giving misleading ads and then slapping them with a disclaimer regarding outcome of their programs
State Consumer Disputes Redressal Commission (SCDRC), Chandigarh: While deciding the instant appeal filed by VLCC Health Care Ltd. against the
Delhi High Court stays CCPA ruling on levying service charges in hotels and restaurants as an unfair trade practice
Delhi High Court: Yashwant Varma, J. stayed the ruling passed in the form of guidelines by the Central Consumer Protection Authority (‘CCPA’)
Can retailers/shopkeepers charge for ‘carry bags’ with their brand logos printed on them? Consumer Forum explains
District Consumer Disputes Redressal Commission, Hyderabad: Coram of M. Anuradha President (FAC) and Lakshmi Prasanna, Member, held that, Retailers/shopkeepers charging for plastic/paper/cloth
Decoded | SEBI bars Director of Franklin Templeton AMC, wife from accessing securities markets for 1 yr: Can redemption of units by Director of a mutual fund AMC be titled as fair conduct?
Securities Exchange Board of India (SEBI): G. Mahalingam (Whole Time Member) held that while directors are not prohibited from trading in units
Consumer spending hefty amount has right to ask for record of expenditure. Can service provider evade liability? Read on
State Consumer Disputes Redressal Commission, U.T. Chandigarh: The Coram of Justice Raj Shekhar Attri (President) and Padma Pandey, Rajesh K. Arya (Members)
DSCDRC | If a car is purchased for company’s Vice-President’s personal use, would VP come under the umbrella of Consumer Protection Act? Read on
Delhi State Consumer Disputes Redressal Commission (DSCDRC): Coram of Dr Justice Sangita Dhingra Sehgal (President) and Anil Srivastava (Member) decided on the