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Ten Lakh Penalty for Misleading Ads. by a Coaching Institute In a significant Order, the Central Consumer Protection Authority (CCPA) has cracked down on misleading advertisements by Alternative Learning Systems (ALS) IAS, a coaching institute. The CCPA found several violations, including: Overstating selection numbers and rankings without proof Claiming to be the "largest coaching network" despite reduced operations Concealing that most "successful" students only took free interview programs Making false guarantees about consistent 20% selection rates The CCPA imposed a ₹10 lakh penalty and ordered the institute to immediately discontinue these misleading ads. This case sets important precedents for transparency, documentation, and ethical marketing practices in the education sector. Continue reading the Article to know more --> CCPA's Order - https://lnkd.in/gsTKvqEp ALS IAS #IASCOACHING #ConsumerProtection #EducationMarketing #CoachingIndustry #FalseAdvertising #EducationRegulation #CCPA #ConsumerRights #MisleadingClaims #Advocates #Students #Coaching #IAS FS & Partners Shubham Agarwal Francis Fernandes

Embracing Govardhan Puja's Spirit in Law 🌄 On Govardhan Puja, we honor Lord Krishna’s act of lifting the hill to protect his devotees—a reminder of our duty as advocates to shield and support our clients through legal storms. Just as Krishna combined strength with compassion, we aim to guide clients with resilience, understanding, and a steadfast commitment to justice. May this festival inspire us all to stand firm, work with integrity, and protect those who seek our guidance. Happy Govardhan Puja! #lawlife #courts #justice #advocates #diwali #fspartners FS & Partners

Diwali brings a unique glow to our lives!! Just as each diya brightens up the night, in the legal profession, every case we handle brings a sense of purpose and commitment to justice. This Diwali, let’s continue to be the guiding light for those seeking clarity, solutions, and resolutions in their legal journey. Wishing everyone a prosperous and joyful Diwali filled with warmth, success, and new beginnings. May the year ahead bring peace, happiness, and new opportunities. ✨🪔 #Diwali #Justice #Courts #Lawyer #2024 #Festival

Arrest Warrant Against Director For Company's Failure To Comply With Consumer Commissions' Orders Under CPA 2019. In a recent landmark decision (Rakesh Khanna v. Naveen Kumar Aggarwal & Ors., W.P.(C) 13098/2024), the Delhi High Court clarified the authority vested in Consumer Commissions to issue arrest warrants against company directors for non-compliance with Commission orders. This ruling highlights important distinctions between the powers under the Consumer Protection Act, 2019 (CP Act) and those in the Civil Procedure Code (CPC) for enforcement actions. Arrest Warrants Under the Consumer Protection Act, 2019: Sections 71 and 72 of the CP Act empower Consumer Commissions to enforce their orders by compelling compliance through mechanisms akin to those used by a Judicial Magistrate. This includes issuing arrest warrants against company officers when a company fails to fulfill its legal obligations to consumers. However, these warrants are not an assessment of personal liability; rather, they serve as a procedural tool to ensure adherence to the Commission’s directives. Difference from Civil Procedure Code (CPC) Execution: While the CPC also permits arrest warrants in execution proceedings (under Order XXI, Rule 41), the CP Act provides a distinct enforcement framework. Section 72 of the CP Act goes further by enabling Consumer Commissions to act independently of the CPC, granting them quasi-judicial powers specifically designed to prioritize consumer protection and enforce compliance effectively. This highlights a consumer-first approach that holds companies accountable in a way the CPC cannot. This decision serves as a reminder to directors and company officers: compliance with consumer orders is not optional. Directors, even if not responsible at the time of the original complaint, are bound by orders that arise during their tenure. Judgment - https://lnkd.in/gWA8XBCz #ConsumerProtection #LegalUpdate #DelhiHighCourt #ArrestWarrant #Execution #CPA2019

The court has to apply the principles of preponderance of probability in Motor Accident Claims. In a recent decision in Sajeena Ikhbal & Ors. vs Mini Babu George & Ors., the Hon'ble Supreme Court reaffirmed the application of the rule of 'preponderance of probability' in motor accident claim cases. The case revolved around a fatal accident in which the Appellants claimed that the deceased, was hit by a car while overtaking a bus. Although the Motor Accident Claims Tribunal (MACT) initially dismissed the claim, stating that the appellants failed to prove negligence beyond a reasonable doubt, the Supreme Court overturned the decision emphasizing that in civil matters, including motor accident claims, the courts are not required to find the evidence beyond reasonable doubt as in criminal cases. #MotorAccidentClaims #LegalStandard #PreponderanceOfProbability #InsuranceLaw #CivilLitigation #PersonalInjuryLaw #SupremeCourtJudgment #LawAndJustice #LegalArticle #MotorAccidentCompensation #LegalInsight #ClaimSettlement #AccidentLaw #CourtRulings #NegligenceLaw #FSPartners Shubham Agarwal Francis Fernandes

Happy Dusshera 🙏 This Dusshera, let’s draw inspiration from the victory of truth over evil. Just as Lord Ram triumphed over Ravan, the legal profession stands for the triumph of justice over injustice. ⚖ Every case is a battle between right and wrong, and as advocates, let's strive to ensure that justice always prevails. May this festival motivate us to continue removing the ‘Ravan’ of dishonesty, delays, and unfairness from the legal system. Wishing everyone a victorious and just Dusshera! #Dusshera #Justice #Ram #FSPartners #Advocates #Triumph Francis Fernandes Shubham Agarwal

Failure to obtain Occupancy Certificate is deficiency in service by builder even if possession is given. The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held Trehan Home Developers liable for deficiency in service due to failing to obtain an occupancy certificate. https://lnkd.in/gt_YqabT #NCDRC #Builder #Homebuyer #OccupancyCertificate #CPAct #consumer #fspartners FS & Partners Francis Fernandes

Important Alert for Loan Borrowers: Know Your Insurance Responsibilities! If you’ve taken a loan and arranged insurance through your bank, it’s essential to understand your role in ensuring continuous coverage. Recent ruling by the National Consumer Disputes Redressal Commission (NCDRC) highlight a key point—the borrower is primarily responsible for making sure their goods are properly insured. Here’s what you need to keep in mind: Always know the details of your insurance policy, including which company provides it and the extent of coverage. 📅 Monitor Renewals: Even if the bank facilitated your insurance, it’s crucial to track renewal dates and ensure premiums are paid on time. The bank may not handle this unless explicitly agreed. 📝 Review Your Loan Agreement: Ensure you understand your responsibilities—unless it’s clearly stated that the bank will manage the insurance, the obligation to maintain coverage rests with you. In a recent case, the NCDRC ruled that borrowers cannot hold banks liable for lapses in insurance unless the bank had specifically taken on that responsibility. This decision emphasizes the importance of borrowers being proactive about their insurance policies. If you need advice on loan agreements or your insurance obligations, feel free to reach out to FS & Partners. We shall help you navigate the complexities of financial and insurance-related matters. Judgement: https://lnkd.in/gkvVs4dR #LegalInsights #InsuranceAwareness #LoanBorrowers #ConsumerRights #FSPartners #NCDRC #banks #supremecourt

Sole Proprietor is not an Individual Borrower The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a loan taken in the name of a business by its sole proprietor does not classify the borrower as an “individual borrower” under RBI guidelines. https://lnkd.in/gpUgGmSN #NCDRC #Consumer #SoleProprietor #consumer #ConsumerProtectionAct #FSPartners FS & Partners Francis Fernandes

Insurance Companies cannot use fine print to avoid liability. The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that insurers cannot use fine print as a way to avoid liability if they haven't properly informed the insured about such provisions. ICICI Lombard General Insurance Co. Ltd. Vs. Rupali Inamdar ( F.A. No. 1857/2019) https://lnkd.in/gAjqEKj2 #Insurance #Claim #NCDRC #policy #ConsumerProtectionAct #Consumer Insurance Samadhan Insurance Insider Shubham Agarwal Francis Fernandes