eng
competition

Text Practice Mode

High Court ki Taiyari

created Mar 10th 2023, 12:11 by 1998Raunak


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382 words
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From the provisions of the Consumer Protection Act noted in the foregoing paragraph the position is clear that the consumer disputes redressal agencies, i.e., District Forums, State Commissions and the National Commission are vested with powers of adjudication of all types of consumer disputes. No exception is made in case of consumer disputes in which the allegations made in the complaint regarding deficiency of service causing damage to or loss of the goods are contested. Indeed finality is attached to the orders of the redressal agencies and provision is made for executon and implementation of the orders passed by them treating such orders as decree of the court. It is relevant to state here that on perusal of the provisions of the Act it is clear that the scheme of the statute is to provide heirarchy of redressal forums for attending to the grievances of consumers regarding deficiency in service promptly and give finality to the orders passed by the agencies. Therefore, it is difficult to accept the contention that the dispute redressal agencies provided in the Consumer Protection Act are not forums which have jurisdiction to entertain the complaints in which claims for loss or damage to goods entrusted to a carrier for transportation is seriously disputed. The contention raised by Shri Desai in this regard is accordingly rejected. he same High Court in the case of Dekhari Tea Co. Ltd. Vs. Assam Bengal Railway Co. Ltd. [AIR 1920 Calcutta 758] considered a case where a railway company entered into a contract with the plaintiff-firm for the carriage of certain goods to a port and thence to England. Owing to a breach on the railway line, the goods had to be transported by river and in steamers and flats belonging to a steamship company under an agreement with the railway company. While the goods were in a vessel of the steamship company, a fire broke out and about one-fourth of the goods were destroyed. The plaintiff instituted the suit to recover from both the railway company and the steamship company the value of the goods destroyed. The High Court held that although there was no contract between the steamship company and the plaintiff the company was nevertheless liable as a common carrier for the loss incurred by the plaintiff.  

 

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