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Showing posts with the label Consumer Rights

Consumer’s Right to Approach Consumer Forum Prevails Over Arbitration Clauses: Supreme Court

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  Consumer’s Right to Approach Consumer Forum Prevails Over Arbitration Clauses: Supreme Court Authored by: Abhishek Jat, Advocate In a significant ruling, the Hon’ble Supreme Court of India has reaffirmed that an arbitration clause embedded in an agreement cannot curtail the consumer's statutory right to seek redressal before a consumer forum. The judgment, delivered in M/S Citicorp Finance (India) Limited v. Snehasis Nanda , has reinforced the principle that consumer disputes, being matters of public policy, are non-arbitrable unless the consumer voluntarily opts for arbitration. Case Background The dispute arose when the respondent (complainant before the NCDRC) purchased a flat and availed a housing loan from ICICI Bank. Subsequently, a third party expressed interest in purchasing the flat, leading to an agreement where the buyer secured a home loan from Citicorp Finance. A purported tripartite agreement among the complainant, the buyer, and Citicorp Finance was entered...

Judicial Review on Extended Advertisements in Movie Theatres: A Consumer Rights Perspective

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  Judicial Review on Extended Advertisements in Movie Theatres: A Consumer Rights Perspective By Abhishek Jat, Advocate The Madhya Pradesh High Court recently addressed a Public Interest Litigation (PIL) concerning the prolonged display of advertisements in multiplex cinemas, which allegedly causes inconvenience to moviegoers. A Division Bench comprising Justice Anand Pathak and Justice Hirdesh deliberated on the issue and directed the authorities to engage in meaningful policy discussions before considering judicial intervention. The Court observed that time is a valuable resource, emphasizing the need for balanced policy measures. Background of the Petition The petitioner, a law student, raised concerns over the common practice of multiplex cinemas displaying extended advertisements before the commencement of movies. This practice, according to the petitioner, results in undue delays beyond the scheduled movie start time mentioned on tickets. The plea argued that moviegoe...