Tort

A tort is a civil wrong that causes a claimant to suffer loss or harm.

Tort is no codified(Written) Law

Each case has new characteristics. It also evolves with changes in society and the demands for justice.
In India, the law of torts is mainly judge-made, which means that the principles of tort law have been developed by judges through their decisions in cases

4 essential elements of torts (all 4 essential elements of a tort must be proven)

Duty: A legal responsibility that one person or entity owes to another.
Breach of duty: The failure to fulfill this obligation.
Causation(relationship between cause and effect): The connection between the breach and the harm or damages suffered.
Injury: The plaintiff must establish that the breach of duty caused the plaintiff's injury and losses.
If any of these elements is missing, the tort cannot be established, and damages cannot be awarded

Circumstances in which liability of tort is discharged

1. Death of the parties: The tort ends when the parties die. This can include the death of the wronged person or the wrongdoer
2. Waiver: This occurs when an injured person has more than one remedy for a tort and chooses one of them.
3. Accord and satisfaction: This is a mutual agreement between the injured person and the wrongdoer.
4. Release: This is when the aggrieved person gives up their entire claim or right against the wrongdoer.
5. Acquiescence:
6. Judgment recovered:
7. Statutes of limitation:

Damages that may be awarded in a tort

Damages in tort are monetary awards given to a plaintiff to compensate for loss or injury. The goal of damages is to restore the plaintiff to the position they would have been in if the tort had not occurred

Name	Meaning	Purpose
Compensatory damages	awarded to compensate the plaintiff for losses or damage	help the victim
Punitive(punishment) damages	Compensation awarded to a plaintiff to punish the defendant	punish the defendant
Exemplary damages	These damages are punitive in nature and are awarded in addition to compensatory damages
Contemptuous damages	Provides nominal damages awards.	Ordered when plaintiff's suit is trivial, used only to settle a point of honor or law

Defence from Tort

1. Act of state: Acts done by rulers in the exercise of political power to the people of another state are exempted from liability.
2. Judicial Act: No suit will lie against judge for any act done of words spoken in judicial capacity.
3. Act done under parental authority: Parents trying to correct something in child.
4. Act of God.
5. authorities of neccesities: Ship captain have all rights over crew, passengers(sometimes)

Remedies(Cure) available in tort

A form of relief given to the person against whom a wrong has been committed. Types of remedies

1. Judicial Remedies: Remedies that the courts of law provide to an aggrieved party.
1a. Damages:amount of money paid to the aggrieved party to bring them back to the position in which they were before the tort had occurred.
1b. Injunction: Instead of compensating the aggrieved party, asks the other party to perform his part of the promises(something good).
1c. Specific Restitution of Property: Restitution means the restoration of goods back to the owner of the goods. When a person is wrongfully dispossessed of his property or goods, he is entitled to the restoration of his property.

2. Extra-Judicial Remedies: If the injured party takes the law in their own hand (albeit lawfully)
2a. Expulsion of trespasser: A person can use a reasonable amount of force to expel a trespasser from his property.
2b. Re-entry on land: Owner of a property can remove the trespasser and re-enter his property by using a reasonable amount of force
2c. Re-caption of goods: Owner of goods is entitled to recapture his/her goods from any person whose unlawful possession they are in
2d. Abatement: In case of a nuisance, be it private or public, a person (the injured party) can remove the object causing nuisance.
2e. Distress Damage Feasant: A person’s cattle/other beasts move to another’s property and his crops are spoiled. The owner of the property is entitled to take possession of the beasts until he is compensated for the loss suffered by him

Who cannot be sued

A bankrupt, A corporation, a child in the womb, Foreign ambassadors, Public officials, Infants, Sovereigns, Alien enemies

Are motive and intention are relevant in tort?

No. they can be relevant factors in determining the level of liability and damages awarded to the plaintiff.

Foriegn tort or Tort committed abroad

A civil wrong committed in one country that causes harm or injury to a person or their property in another country. Law of the forum where the tort was committed, may apply.
For example, if an Indian citizen commits a tort against a Bhutanese citizen in Bhutan, the tort is considered a foreign tort.

Felonious tort

When an act is both a tort and felony(most serious type of crime and carry the heaviest punishment), which is a crime.
For example, assault, defamation, and malicious prosecution are all felonious torts

1. Malicious prosecution: When someone intentionally starts a baseless legal action against another party. Examples

a. Providing false evidence to the police that someone committed a crime
b. Suing someone for hurting them when the person never caused them harm
c. A police officer or other government official filing criminal charges against someone when they know there is no probable cause

Essentials of malicious prosecution:
The defendant initiated the prosecution,
The prosecution was baseless and without reasonable cause
The defendant acted with malicious intent
The plaintiff suffered damage or injury
The proceedings ended in the plaintiff's favor

Malicious prosecution	False imprisonment
starting or continuing a civil or criminal proceeding against someone without reasonable and probable cause	unlawful and intentional confinement of someone without their consent or legal authority
plaintiff must prove all four elements to succeed	unlawful and intentional confinement of someone without their consent or legal authority

Ex turpi causa non oritur actio / from an unlawful cause, no action arises / Illegality Defence Principle / Defence of Illegality

a person who has committed a wrong cannot claim compensation for the harm suffered as a result of that wrong
A enters B's house to commit burglary, and B shoots A with a gun, A's wife cannot claim damages even though B used more than reasonable force

When master is not liable for torts of his servant

if the wrongful act(tort) has no connection to the servant's employment contract

Malice of Fact, Malice of Law

Malice in fact: Act that may be legal but is performed with ill will, hatred, or bad intention.
Malice in law: A wrongful act that is done intentionally and without just cause or legal excuse.

Tortious liability (Tort means wrongful act)

Tortious liability is a legal concept that refers to a person's obligation to pay for damages caused by their tortious conduct. Tortious liability can arise from a number of situations:
1. Negligence: When someone breaches a legal duty of care towards another person, causing injury, financial loss, or psychological illness
2. Malpractice: When someone acts in a way that causes damage to another person
3. Defamation: When someone makes false or damaging statements about another person or business
4. Breach of official duty: When someone violates their official duty

Tortious liability of government for torts committed by its servants

when the government is held responsible for the actions of its employees. Also called vicarious liability
Article 294(b) and Article 300(l) has several clauses that relate to the tortious liability of the government
Judicial activism has led to the granting of damages to victims of torts committed by government servants To establish a tort, the following elements must be proven: duty, breach of duty, causation, and damages.

Cases of Tortious liability

Case	Description
1. Satyawati Devi v. Union of India(Tortious liability of Govt of India)	Car accident where an Air Force driver transporting hockey and basketball teams. Court ruled that transporting sports teams was not a sovereign function & hence govt is not protected. Government (Union of India) was held vicariously liable for his negligence
2. 1983 Rudul sah vs State of bihar(Tortious liability of Govt)	Rudul Sah was arrested in 1953 on murder charges and acquitted(not guilty of the crime) in 1968 by the Muzaffarpur Sessions Court Despite his acquittal, he remained imprisoned for 14 years 1982. He filed a writ petition under Article-32 of the Indian Constitution seeking release, rehabilitation, and compensation. Supreme Court Verdict: Declared Sah's prolonged detention unlawful and unconstitutional. Awarded Sah Rs. 35,000 as interim compensation.

Malfeasance (Feasance means doing or performing an act)

illegal or wrongful act that is intentional or deliberate.
Malfeasance is a higher level of wrongdoing than misfeasance and nonfeasance

Can child in mother's womb file a suit in tort

Law of torts does not make any distinction on the basis of age so an unborn has right to sue and be sued under this law for injuries sustained and caused.

Can president of india sued in torts

The President of India & governor has immunity from criminal proceedings, including personal acts.
The President cannot be arrested or imprisoned, and civil proceedings can only be initiated for personal acts after 2 months' notice.

Defect

An imperfection or insufficiency that can be present in a product, property, process, or legal document.

Defamation(damaging the good reputation)

Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person

Essentials of defamation:

1. Statement: The statement must be published, refer to the plaintiff, and be false.
2. Damages: The statement must have harmed the plaintiff's property, business, profession, or occupation.
3. Truth: Truth is a defense to defamation. The statement must be false.
4. Fair comment: Fair comment is a defense to defamation, but it can be defeated by malice.
5. Innuendo: Defaming someone by innuendo is a form of criminal defamation.

Categories of defamation

	Libel	Slander
What	Written or published defamatory statement	Oral defamatory statement
criminal offense?	yes	yes
Form	Permanent	Transient(Audible or spoken or gesture)
	Actionable per se	Actionable(This means that in the case of slander, there must be proof of the act of defamation)

Doctrines

Doctrine of common employment

Employer is not liable for the negligent acts of 1 employee to another while they are working

Waiver of Tort

This is a legal doctrine where Plaintiff does not sue someone for a wrong committed. Instead, the plaintiff can choose to base their claim on restitution.
Plaintiff can seek the benefit or income derived from a defendant's wrongdoing

Doctrine of double actionability

Lawsuit for an alleged tort committed in a foreign jurisdiction can only be successful in a domestic court if it would be actionable under both the laws of the home jurisdiction and the foreign jurisdiction

Doctrine of privity of contract

A common law doctrine that states that only the parties directly involved in a contract can enforce its terms

Doctrine of vicarious(Felt) liability

A individual/entity is responsible for wrongful(tort) acts of another person, based on his relationship. For example,
1. Employee does something wrong while working in office. Employer may be held liable
2. Driver(not owner) driving car, hits person on road. Owner would be held responsible and liable for accident.

3 elements of vicarious liability are:

a. The wrongful act must have been committed by an employee or other agent
b. The employee or other agent must have been acting within the scope of their employment or agency
c. The employer or other person must have had the ability to control the employee or other agent

Is Vicarious Liability justified?

Justified in following cases:

1. Employer, Employee case:
- Since The employer benefits from the work of their employees, so they should also be liable for their misconduct
- Imposing liability on a superior person provides an appropriate remedy for the injured party. The employer is more financially stable than the employee and is better able to pay for damages.
2. Govt and servant case: For misconduct of servant govt is held responsible.

Not justified in following cases

1. Independent contractor relationship. An employer is generally not held vicariously liable for the tortious acts of an independent contractor.

Cases

1942. Centuary Insurance Co. Ltd. vs North Ireland Road Transport: A(driver of petrol truck), B(owner of petrol), C(Owner of Petrol Pump). While petrol was filling in petrol pump, A lit cigaratte and throw on floor, which led to explosion. C sued B.
1949. Deatons proprietors v Flew: A enters bar, asks a question to bar girl. Bar girl threw beer glass on his face. A told he has not asked anything offending. Court told bar owner is not liable for bar girl's behaviour.

When Master is Liable?

Master is always liable for wrong doing of servant in course of employment.

Cases

1829 Gregory v Piper: A & B had dispute over pathway. A told his servant to put garbage on pathway to obstruct B. But donot put garbage to touch wall of B, over the time garbage sweapt into wall of B. A was sued.
1873 Bayley v Manchester S&L Rly Co.(Master sued due to negligance of servant) A(Rlwy attendant) forcefully put B(passenger) into wrong coach. B filed a case. Rlwy was sused as wond done by empolyee.
1884 Great Northern Rlwy v Milner: Portor who places bags in train was running and collided with TT, which collided with plantiff's wife, who fell and died. Railways was held responsible for death.
1912. Lloyd v Grace Smith

Tort Compared

Tort vs Breach of Contract

	Tort	Breach of Contract
What	civil wrong that causes harm or loss to another person	violation of the terms of a binding contract.
Nature	violation of law	Infringement of legal rights
Damages	unliquidated	can be liquidated
Examples	intentional torts, negligence	failure to deliver goods or services, failure to complete a job, and failure to make a payment.
privity of contract	To prove a tort, there is no need to establish privity of contract	To prove a breach of contract, the privity of contract between parties to the suit must be proved by the plaintiff.

Tort vs Crime

	Tort	Crime
What	civil wrong that causes harm or loss to another person	Offsese against State, which gives rise to criminal proceedings
Voliation of right	tort is voilation of pvt right	Brech of public rights
Purpose	Award compensation fo injured party to make good loss of suffered	Protect the society by preventing offender from committing further crime
intention	Not of much importance	intention is main factor on which guilt of accused depends.

Tort vs Breach of Trust

	Tort	Breach of Trust
What	civil wrong that causes harm or loss to another person	Violation of the fiduciary duties owed by a trustee to the beneficiaries of a trust.
Origin	Part of common law	Redressed in the Court of Chancery
privity	None between parties	There is some privity between parties

Tort vs Quasi Contract

	Tort	Quasi Contract
What	civil wrong that causes harm or loss to another person	fictional contract created by a court to prevent one party from taking advantage of another
Duty	Is towards persons generally	Towards particular person
Claim Damages	Party can claim damages using money, goods, land etc	Injured party can only claim damages

Can the act be tort, crime and breach of contract

An act can be both a tort and a breach of contract.

For example, if a hairdresser accidentally cuts a customer's ear, it could be both a tort (negligence) and a breach of contract (implied term to take reasonable care)

Public Interest Litigation

A legal action filed in court to protect, safeguard, or enforce public interest.
Public interest refers to the rights or interests of a group of people, a particular class of the community, or society
PILs are usually filed at the high court, and unlike other cases, there is no need to first file an FIR at the police station.
PIL allows one case to solve systemic problems faced by many people

Rule of absolute liability(responsible) (or strict liability)

- Individuals and industries involved in dangerous activities are liable for any harm caused. The rule applies to activities that can cause catastrophic damage and are carried out for commercial gain.
- There are NO EXCEPTIONS to this rule, because enterprises involved in hazardous activities have a social obligation to compensate people who suffer due to the industries.
- The Bhopal Gas Tragedy(1984) and the Oleum gas Leak case(1986) led the Supreme Court of India to develop a new law. In the Bhopal Gas Tragedy case, the court used the "Absolute Liability" doctrine to hold the corporation accountable and order it to compensate the victims

Conditions for strict liability

The defendant must have brought a dangerous thing onto their land.
The thing must have escaped from the defendant's control.
The defendant must have made a non-natural use of the land.
The plaintiff must have suffered physical harm from using or consuming the product.
The defective condition of the product must be the proximate cause of the injury or damage.

Cases:

1868. Rylands v fletcher: Rylands(owner of reservoir filled with water), Fletcher(owner at coal mines) adjacent. Reservoir was filled with water, and old shafts to broke and water filled in Fletcher mines. Rylands was responsible.

Maxims / Terms

Term	Meaning
Actionable per se(Actionable:action/act, per se:itself)	An act or action that is punishable by itself and does not require proof of damage.
Actio personalis moritur cum persona	A personal right of action dies with the person
Contributory negligence	When an injured person is found partially responsible for their own injuries. Last opportunity rule: whoever has the last opportunity to avoid an accident is solely responsible for the accident if they fail to do so. Davis vs Mann case Donkey(belonging to the plaintiff), was killed by wagon(4 wheeler), driven by the defendant, collided with it. The plaintiff had left the donkey on the side of the road. The plaintiff was still allowed recovery, court said that defendant had an opportunity to avoid the accident by driving with reasonable care, it was the defendant's negligence that really caused the accident.
Deceit(deceiving someone by hiding truth)	when someone intentionally deceives another person into taking action and that injures the Party. To establish the tort of deceit, the following must be true: a. The defendant makes a false representation to the claimant b. The defendant knows that the representation is false or is reckless as to whether it is true or false c. The defendant intends that the claimant should act in reliance on it d. The claimant does act in reliance on the representation e. The plaintiff must have reasonably relied on the false representation, acting upon it to their detriment
Ex turpi causa non oritur actio / Illegality Defence Principle / Defence of Illegality	From a dishonorable cause an action does not arise. A person who has committed a wrong cannot claim compensation for the harm suffered as a result of that wrong.
Innuendo(An indirect hint)	Innuendo is used to describe defamation from libel or slander. It's usually used to show that the plaintiff was the subject of the defamatory statements. For example: if someone says "The former mayor is a crook," and Rahul is the only living former mayor, then the innuendo is that Rahul is the target of the statement.
Damnum sine injuria Injuria Sine Damnum Damnum=Damage, Sine=Without, injuria=injury	Damnum sine injuria / Damage without Injury No legal action if there is loss/damage but there has been no breach of legal right Injuria Sine Damnum / Injury without loss It refers to a situation where a person's legal rights are violated, but there is no actual loss or damage. For example, if a plaintiff sues the Municipal Corporation of Agra for violating their fundamental right to vote, the court may hold the corporation liable and grant the plaintiff compensation
Joint tort feasors(doer)	2 or more people who jointly cause damage to a third party. To be joint tortfeasors, it is essential that the persons should have the same mental level or intent For example, if two men searching for a gas leak both applied a naked light to a gas pipe and caused an explosion, they are joint tortfeasors.
Mayhem(A situation that is not controlled or ordered) or Aggravated Battery	a tort that causes severe injury to a victim, making them unable to defend themselves from the tortfeasor. This can include injuries to the arm, hand, leg, or foot that make the body part disabled.
Negligence(No proper care)	when a person fails to exercise reasonable care that a prudent person would take under similar circumstances. It is a breach of a duty owed by one person to another, resulting in harm or loss 3 main elements of the tort of negligence: a. Duty of care: The defendant owes a duty of care to the claimant b. Breach of duty: The defendant breaches the duty of care c. Damage: The claimant suffers damage as a result of the defendant's breach of duty 4 types of negligence: a. Comparative negligence: Both parties can be found partially at fault in an incident b. Contributory negligence: When the immediate cause of the damage is the negligence of the plaintiff himself c. Gross negligence: A reckless form of negligence that disregards the safety and well-being of others d. Vicarious negligence: when someone is legally responsible for the actions of another person. For example, if an employee is negligent and causes injury to someone, the employer can be held responsible Defenses available to a defendant in a negligence case: 1. Volenti non fit injuria(voluntarily taking a risk): defendant must prove that the plaintiff knew about the consequences and still gave consent. 2. Inevitable accident: This defense refers to an accident that had no chance of being prevented by the exercise of ordinary care, caution, and skill 3. Comparative negligence: This defense allows a negligent plaintiff to recover some damages for their injuries. It prevents the defendant from being completely relieved of responsibility.
Nuisance	Unlawful interference with a person's use of land. Unlawful interference with a person's rights related to land. Defenses to a nuisance claim: Defendant can use it a. Statutory authority: If the defendant's actions are authorized or regulated by a statute, regulation, or order, this is a primary defense. b. Statute: If the act causing the nuisance is authorized by a statute, there is no liability under the law of torts. c. Prescription: If the nuisance has been enjoyed for 20 years without interruption and as of right, this is a special defense. d. Grant: If the nuisance is under the terms of a grant, this is a valid defense. e. Contributory negligence: If the claimant is partially at fault, this may reduce or eliminate the amount of compensation they receive. Types of Nuisance: a. Public: A crime that causes harm, obstruction, or risk to the public. Examples: - Obstructing a public road, Polluting air and water, Operating a house of prostitution, Keeping explosives b. Private: An unlawful act or omission that endangers or threatens a person or their property. Examples: - A neighbor's dog that barks excessively through the night, Creating loud noises, Letting water run onto another person's property
Res ipsa loquitur (meaning the thing speaks for itself)	It's a legal doctrine that allows courts to infer negligence from the nature of an accident or injury
Volenti non fit injuria / Voluntarily accepting injury	to a willing person, injury is not done. It's a common law doctrine that states that someone who knowingly and voluntarily accepts the risks of a situation cannot later claim compensation for any harm or injury that results

Trespassing

Intentional and unauthorized interference with someone's personal property or physical well-being

Defenses to trespass for defendant

1. License: Express or implied permission given by the possessor of land to be on that land.
2. Right by prescription: Defendant must establish his right earned by prescription.
3. Authority of law: The entry may be according to law as in cases of entry for attachment of property under the orders of the court.
4. Act of god: Dfendant has no control over an event and the resultant damage is due to natural forces.
5. Plaintiff the wrongdoer: This defense is applicable when the plaintiff himself does something wrong and causes damage to himself.

Act of God	Inevitable Accident
An accident caused solely by natural forces, without the involvement of human agency	can be caused by natural forces, human activity, or both
Ex: unforeseen severe frost(temperature falls below 0°) that causes pipes to burst	Ex: Gas leak due to damaged pipe

Theory of Torts

	Salmond theory of torts	Percy Henry Winfield theory of torts
Definition	No single principle can be applied to ascertain the liability of the wrongdoer	Tort arises from the violation of a duty established by law
Criticism	His opinion was that there should not be only a few categories of torts but that they should be thrown open to create new categories of tort.	There can be misuse of torts of law and people can be subjected to it from case-to-case basis

Consumer Protection Act 1986

- The Consumer Protection Act of 1986 is a law in India that protects the interests of consumers.
- It was enacted to provide a faster and simpler resolution to consumer grievances. The act also protects consumers from unethical and unprincipled business misconduct.
- It also allows for the establishment of the Central Consumer Protection Authority (CCPA)
- It also establishes 3 tier system: consumer courts and forums at the national, state, and district levels
- Consumer responsibilities: Ask Yourself, Be aware, be involved, Be organized, Be responsible for enviornment
- Who can file complaints? anyone who has purchased goods or services for personal, household, or commercial use can file a consumer complaint. This includes individuals, sole proprietorships, partnerships, and corporations.
- How complaint can be filed? Online(consumerhelpline.gov.in), Mobile Apps(NCH, Umang, or Consumer), Written(writing or electronically to the District Collector, the Commissioner of the regional office, or the Central Authority) In person(through an authorized agent, after it has been notarised, through registered post or regular post)
- What relief can be granted to complaints? Removal of defects from the goods, Refund of the price paid, Award of compensation for the loss or injury suffered, Discontinue and not to repeat unfair trade practice or restrictive trade practice, withdraw hazardous

The act provides 7 consumer rights.

1. Right to safety: right to be protected against the goods and services, which are hazardous to life and property
2. Right to choose: Possible of access to variety of goods and services at competitive price
3. Right to be informed: informed about the quality, quantity, potency, purity, standard and price of goods
4. Right to consumer education: right to acquire the knowledge and skill to be an informed consumer throughout life
5. Right to be heard: consumer's interests will receive due consideration at appropriate forums
6. Right to Seek redressal: redressal against unfair trade practices or unscrupulous exploitation of consumers
7. Consumer Protection Act: protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration

Special features consumer protection act:

1. Consumer rights: The act protects consumers' rights and provides a legal resolution for their grievances. It also encourages consumers to speak out against flaws in goods and services.
2. Consumer redressal: The act provides a speedy, inexpensive, and simple system for redressing consumer disputes at the state and national level.
3. Regulating trade practices: The act requires that businesses do not engage in unfair trade practices or offer deficient services.
4. Composition of commissions: The act establishes the National Consumer Dispute Redressal Commission (NCDRC), which consists of a president and four members. The president must be a former or current Supreme Court judge.
5. National Commission for Women: The act creates the National Commission for Women.
6. Applicability: The act applies to all goods and services unless otherwise notified by the Central Government.

Unfair trade practices?
When businesses use deceptive, fraudulent, or unethical methods to gain an advantage or profit

1. Falsely representing a good or service
2. Targeting vulnerable populations
3. False advertising
4. Tied selling
5. False free prize or gift offers
6. False or deceptive pricing
7. Non-compliance with manufacturing standards
8. Hoarding or destroying goods
9. Refusing to sell goods or provide services

Central and state consumer protection council

- The Consumer Protection Act of 1986 established the Central and State Consumer Protection Councils. Chairman of Central Council is Minister of Consumer Affairs, and Chairman of State Council is Minister of Food and Consumer Protection.
- The Council has 20 members, appointed by the President of India for 5-year terms. The Council's term is three years, and membership is limited to 150 people.

Council's responsibilities include:

a. Investigating and resolving consumer complaints
b. Conducting research on consumer issues
c. Delivering consumer campaigns, outreach, and education programs

consumer disputes redressal agency

- The National Consumer Disputes Redressal Commission (NCDRC) and the state and district commissions that fall under it aim to provide quick, economical, and summary resolution to consumer disputes.
- The Government of India established the NCDRC in 1988 to improve the country's governance system. The commission's purpose is to promote and protect consumer rights, as outlined in the Consumer Protection Act of 1986
- The NCDRC is a quasi-judicial body, as are the state and district commissions. These bodies are designed to help both parties and avoid lengthy lawsuits.

District consumer forum

District Forum Composition

- State Government sets up a District Forum in each district of the State. However, the State Government may establish more than one District Forum in a district if it deems fit to do so
- District Forum shall consist of:
(a) A District Judge, who shall be its President;
(b) 2 other members one of whom shall be a woman.
Every member of the District Forum shall hold office for a term of 5 years or upto the age of 65 years, whichever is earlier, and shall be eligible for reappointment for another term of five years or upto the age of 65 years

How to file complaint in District consumer forum?

- You can file a complaint on plain paper and submit it in person or through an authorized agent
- The District Forum has jurisdiction to entertain complaints where the value of the goods or services and the compensation.
- District Forum can address claims (<Rs. 20 lakhs), the State Commission (Rs. 20 lakhs < 1 crore), National Commission(>1Cr)
- Steps for filing a complaint in the Consumer Court

1. Intimation via notice
2. Draft the complaint
3. Attach relevant documents
4. Appropriate forum
5. Court fees
6. Submit an affidavit

The complaint should include the following details:

1. Name and complete address of the complainant
2. Name and complete address of the opposite party
3. Date of purchase of goods or services
4. Amount paid for the above purpose

What district forum does after getting a complaint?

Consumer redressal agencies have 21 days to decide whether or not to accept the complaint. The value of the complaint determines which consumer redressal agency responds to it.
Provide sample for test to laboratory(taking fee from seller). notices issued

Releif granted by district forum

a. Forum can ask seller to remove defects from product reported by laboratory
b. Replacement of similar product/service with no defect
c. Return sum paid + any other charges paid by complainant
d. Compensation awarded to consumer, if any loss or injury occured
e. impose prohibition on sale of hazardous goods

When compensation is payable

a. Suspension of water supply: Farmer does not got water and crop destroyed. Insurance company need to pay
b. Telephone dekay shifting: When phone is not shifted on time
c. Telephone bills communication delay
d. Accident of bus-fatal injuries

Provisions for consumers who are dissatisfied with a District Forum's decision

A person who is dissatisfied with a District Forum's decision can appeal to the State Commission within 30 days of the decision. The appeal must be filed in the prescribed manner and form.
A revision petition must be filed within 90 days of receiving the order's certified copy.

State Consumer Forum/Commission

State Commission Composition

Judge of a High Court appointed by the State Government as president, 2 or more members, 1 of whom shall be woman.
No provision for re-appointment of memebers.
Tenure: 5 years and less than 67 years of age(whichever is earlier).

Jurisdiction of State Commission

- Entertain complaints where the value of the goods or services and the compensation, between (20 lacs and 1 Crore)
- Can entertain appeals against the orders of any District forum within the State
- State commission can tranfer case from 1 district forum to another district forum(within the state)

4 types of jurisdictions

1. Percuniary jurisdiction: complainants between 1 and 5 lacs.
2. Appellate jurisdiction: Entertain appeals against orders of district forum
3. Territorial jurisdiction: complaint from any part of state
4. Revisional jurisdiction

National Consumer Forum/Commission or National Consumer Disputes Redressal Commission (NCDRC)

National Commission Composition

Judge of a Supereme Court appointed by the State Government as president, 4 or more members, 1 of whom shall be woman.
No provision for re-appointment of memebers.
Tenure: 5 years and less than 67 years of age(whichever is earlier).

Jurisdiction of National Commission

- Entertain complaints where the value of the goods or services and the compensation, more than 1 Crore
- Can entertain appeals against the orders of any State forum with 30 days of orders. if there is good cause appeal can be filed after 30 days also
- National commission can tranfer case from 1 state forum to another

3 types of jurisdictions

1. Percuniary jurisdiction: complainants > 20 lacs. appeals against orders of state forum
2. Territorial jurisdiction: complaint from any part of India
3. Revisional jurisdiction:

Powers of National Commission

1. Has same powers of civil court: Summon/enforce attendance of defendant, Receive evidence on affidavits, carry tests in any lab.
2. Produce examine books, accounts, documents, comodities.

Can appeal be filed against orders of national consumer commission

An appeal petition can be filed with the Supreme Court of India within 30 days of receiving an order from the National Commission.
Orders of NCDRC can be challenged in a writ petition filed with a High Court under Article 227 of the Constitution
Filing complaints: Complaints must be filed within two years of the date the cause of action arose.
Filing appeals: There is no fee for filing an appeal with the state or national commission.

Penalties against Person who fails to obey orders from Redressal Agencies

1. imprisonment for 1 month to 3 years
2. or fine not less than 2000 rs
3. Person can file anticipatory bail in state commission when arrest was issued in district commission, bail will help for person to not get arrested for 4 weeks.

Cases

Case	Date	Judegement
municipal corporation of delhi vs subhagwanti	1966	Case: - Clock tower(Opp Town Hall, main bazzar Chandni Chowk) that collapsed and killed multiple people - Including many and Ram Prakash, Panna Devi, Gopi Chand. Hiers of 3 filed the case. - Municipal Corporation of Delhi (MCD) was responsible for maintaining the tower. Judegement of Trial Court: - 25k to subhagwanti, 20k to kuldeep raj, 15k to munshi lal to be provided. - MCD filed appeal in high court against this decision Judegement of High court: - Rejected appeals of MCD, but changed compensations: - 25k to subhagwanti, 9030 to kuldeep raj, 7080 to munshi lal - Case is based on the Fatal Accidents Act and Res ipsa loquitur was applied to Case - Building was 80 years old and must be inspected and maintained by MCD. MCD filed appeal in supereme court. Judegement of Supereme court: Maintained the Judegement of high court.
Lloyd v/s Grace Smith & Company (England and Wales)	1912	Case: - Widow Mrs. Lloyd(owner of 2 houses) want to sell those as she was not getting rent on time. - Grace Smith & Company(company helping in real estate sale/purchase/rent in liverpool). - Mrs. Lloyd went to their office and they asked her to come with title deeds of both houses. - Mrs. Lloyd came with tile deeds and met Mr. Sandles(Grace smith company employee) who fraudulently got Mrs. Lloyd sign on 2 blank papers. Both were gift deeds to name of Mr. Sandles. - Mr. Sandles sold both houses, then Mrs. Lloyd filed case on ground of vicarious liability against the COMPANY Judegement of Lower court: - Since Mr. Sandles sold both houses by his own, there is no case against the company. - Defendant(Mrs Lloyd) filed appeal to Appellate court Judegement of Appellate court: - Since Sandles did this for his own gains, company is not liable. - Case sent back to lower court, But Defendant(Mrs Lloyd) filed case in House of Lords Judegement of House of Lords: - Company is liable for act of his servants and agents. - Servants has done fraud during employment with company(irrespective for personal gains) hence company is held responsible.