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Banking Disputes

Consumer Protection Laws in India: Your Rights and Recourse

Ever been denied the return of a defective product and felt helpless? You shouldn’t feel this way. In fact, the Constitution of India consists of the Consumer Protection Act, of 2019 that safeguards your consumer rights. It ensures that unfair trade practices, defective products, or deficient services do not exploit individuals. Thus, to make an informed decision, it should be synonymous with understanding these laws.Key Consumer Rights in IndiaThe Consumer Protection Act, of 2019, recognizes six fundamental consumer rights:Right to Safety – Consumers have the right to be protected against goods and services that can be hazardous to their health or property.Right to Information – Consumers must have access to complete and accurate information about products and services, including quality, …
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Banking Disputes

Understanding Section 138 of the NI Act, 1881: Key Insights into Cheque Bounce Notices

When a person issues a cheque to someone and it is returned unpaid by the bank, it is legally classified as cheque dishonor or bounce. Section 138 of the Negotiable Instruments Act, 1881 (NI Act) addresses this issue, stipulating criminal penalties for cheques returned due to insufficient funds. When a cheque bounces due to insufficient funds, it is punishable under Section 138 of the NI Act. A crucial requirement under this provision is the issuance of a legal notice for cheque bounce. As established in Shakti Travel & Tours v. State of Bihar (2002) 9 SCC 415, a properly served legal notice is essential for a case to be maintainable. Since a Section 138 NI Act notice is fundamental for initiating …
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Insurance Claims Recovery

How Indian Insurance Companies Promote ULIP Plans as Investment Schemes: A Critical Analysis of Their Efficacy and Impact on Consumers

Unit Linked Insurance Plans (ULIPs) have gained significant traction in the Indian insurance market over the past few decades. Marketed as a hybrid product combining insurance coverage with investment opportunities, ULIPs are often promoted by insurance companies as an attractive option for consumers looking to secure both their financial future and their loved ones. However, the reality is that ULIPs frequently fail to deliver on either front. This article delves into how Indian insurance companies promote ULIPs, the inherent flaws in these products, and how they primarily benefit insurance companies and their agents through high commissions, rather than serving the interests of policyholders.The Insurance Regulatory and Development Authority of India (IRDAI) issued a master circular on 19th June, 2024 directing …
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Real Estate Disputes

How RERA Courts at Gurugram, Haryana are Changing the Real Estate Landscape Across Haryana

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted with the primary objective of bringing transparency, accountability, and efficiency to the real estate sector in India. As one of the country’s major economic drivers, the real estate industry had long been plagued by delays, fraudulent practices, and a lack of accountability, leading to significant challenges for homebuyers. The establishment of RERA courts across India has been a game-changer for the sector, and nowhere is this more evident than in Gurugram, Haryana. As the financial and technological hub of the state, Gurugram’s RERA courts have played a pivotal role in reshaping the real estate landscape across Haryana. This article explores how these courts are transforming the real estate market, …
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Consumer Dispute​s

Consumers Protection Act, 2019: The Mechanism of Punitive Damages & the Benefits to Indian Consumers

The Government of India implemented the Consumer Protection Act, 2019, which was a landmark in consumer rights and redress in India. One of its most significant developments is the introduction and explanation of punitive damages as a legal remedy that could transform the protection of consumers in India. Introduction to Consumer Protection Act, 2019 Consumer Protection Act, 2019 replaced the Consumer Protection Act, 1986, adding provisions to address the complexities involved in consumer issues due to rapidly changing markets. It was necessary to address the challenges from e-commerce, misleading advertisements, unfair trade practices, etc., that have emerged after the original act. The introduction of punitive damages provision is one of the most significant initiatives to punish defaulters and compensate consumers accordingly. Understanding Punitive …
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My Legal Expert specializes in AI powered litigation within the dynamic legal landscape of Gurugram. My Legal Expert is dedicated to providing expert assistance in litigation focusing exclusively on four pivotal areas of litigation: Consumer Rights, Banking laws, Real Estate, and Insurance claims.

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Copyright@2024 My Legal Expert

Copyright@2024 My Legal Expert