FIRST SEMESTER OF 3 YEARS LL.B / FIFTH SEMESTER 5 YEAR BA.LL.

B LAW OF TORTS AND CONSUMER LAW

MODEL

ANSWER

PAPER

Q.No.1.(a) Define the term Tort and discuss the essential mental elements of law of torts. Or Distinguish between Injuria Sine Damnum and Damnum sine Injuria with the help of leading cases. (b) An MLA of Karnataka was wrongfully detained by the police while he was going to attend the Assembly session. He was not produced before the Magistrate within requisite period. Which legal right is violated? Advice him. Or X , a banker refuses to honour customers cheque having sufficient funds in his hands belonging to the customer. Customer intends to file a suit against the banker, will he succeed? Answer: SYNOPSIS
INTRODUCTION DEFINITION MEANING CASE LAWS MENTAL ELEMENT OF TORTS

INTRODUCTION In common sense the Law of Torts is the branch of law controlling the behavior of the people in the society. It is a

growing branch of Law and its main aim is to define individuals rights and duties in the light of prevalent standards of reasonable conduct and public convenience. The word tort is derived from the Latin term Tortum meaning twisted or a crooked act, which is equivalent to English term wrong , therefore tort is a wrongful act Definition 1.Salmond: It is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. 2. Winfield: Tortious liability arises from the breach of a duty primarily fixed by law. This duty is towards persons generally and its breach is redressible by an action for unliquidated damages. 3.Frazer:- It is an infringement of a right in rem of a private individual giving a right to compensation at the suit of the injured party. Meaning When we refer all the above definition tort means as a civil wrong which is redressible by an action for unliquidated damages and which is other than a mere breach of contract or breach or trust. Tort is a civil wrong This civil wrong is other than a mere breach of contract or breach of trust This wrong is redressible by an action for unliquidated damages.

The essential elements of torts are as follows, To constitute a tort the following elements must be present. 1. A wrong ful Act committed by the defendant 2. The wrongful act must result in legal damage to another person 3. The wrongful act must be of such a nature as may give rise to a legal remedy in the form of an action for damages.

Let us discuss the following elements in detail. 1. A wrong ful act:The first essential element of a tort is that the defendant must be guilty of having committed a wrongful act. A wrongful act is an act which is contrary to law. It also includes an omission to perform a legal duty. Thus a wrongful act means infringement of a legal duty 2. Legal Damage:Yet another essential element of a tort is that wrongful act committed by the defendant must result in a legal damage to the plaintiff. Legal damage means neither actual or pecuniary damages. Legal damage takes place when there is a breach of legal duty or where plaintiffs right recognized by law is infringed.

Whether a damage is a legal damage or not can be understood with the help of 2 important maxims

a. INJURIA SINE DAMNO b. DAMNUM SINE INJURIA

a. INJURIA SINE DAMNO:

it means,

Injuria means infringement of a legally protected interest (ie right) of the plaintiff. Sine means without damno means actual physical loss whether in terms of money, comfort, health, service or the like.

So, Injuria Sine damno means that if a private right is infringed, the plaintiff will have a cause of action even if the actual physical damage is not there. It means that if a private right is infringed the plaintiff will have a cause of action even though the plaintiff has not suffered any actual loss or damage. Thus, according to this maxim what is necessary is the infringement of a legal right and not the proof of actual loss or damage. CASE LAW: 1. ASHY V/S WHITE FACTS OF THE CASE

In this case, the plaintiff was a legally qualified voter of the Borough of Ayles bury and the defendant was the returning officer. The defendant wrongfully, maliciously and fraudulently refused to register the vote of plaintiff. Thus the legal right of the plaintiff to cast his vote was infringed. But he did not suffer any actual loss because the candidate for whom he wanted to tender the vote was elected. Orders: It was held that the action was allowed on the ground that the violation of plaintiffs statutory right was an injury for which he must have a remedy and was actionable without proff of pecuniary damage.

2. Bhim Singh v/s State of Jammu and Kashmir. [AIR 1986 Sc. 494] FACTS OF THE CASE In this case the petitioner was an MLA of Jammu and Kashmir Assembly was wrongfully detained by the police while he was going to attend the Assembly session. He was not produced before the magistrate within the requiste period. As the consequence of this the member was deprived of his constitutional right to attend the Assembly session. There was also violation of fundamental right to personal liberity guaranteed under Art 21 of the constitution. Orders: In this case Honble Supreme ordered to pay exemplary damages of Rs.50,000/- to the petitioner

Thus the maxim Injuria Sine damno means that infringement of a legal right will give rise to an action irrespective of the fact that no actual loss or damage has taken place. b. DAMNUM SINE INJURIA This Maxim means that no action will lie if there is actual loss or damage but there has been no infringement of legal right Where there has been no infringement of any legal right, the mere fact of harm or loss will not render such act or omission actionable although the loss may be substantial or even irreparable. Damage so done is called damnum sine Injuria That is actual or substantial loss without infringement of any legal right and in such cases no action lies. CASE LAW: 1. GLOUCESTAR GRAMMER SCHOOL CASE FACTS OF THE CASE In this case the defendant who was school master setup a rival school to that of plaintiffs and because of the competition, the plaintiff had to reduce there fees from 40 pence to 12 pence and thus suffered damages. Orders: In this case it was held that no remedy for the loss suffered by them because there was no infringement of any legal right. 2.MOGUL STEAMSHIP COMPANY V/S MAC GREGOR.GOW & COMPANY. FACTS OF THE CASE

In this case the defendants were owners of certain ships and in order to secure an exclusive trade for themselves they formed an association and reduced freight charges. The plaintiff company thus had to sustain loss because he had to reduce the freight charges for compensation. He filed for damages. Orders: It was held no action lay for the acts of the defendants were done with the lawful objects and the plaintiff had no cause of action. The Maxim clearly states that where there is no infringement of legal right there is no damages [remedy] 3.LEGAL REMEDY The Third essential characteristics of a tort is that the wrongful act complained of must be such that it gives rise to a legal remedy in the form of action for damages. The essential remedy for a tort is an action for damages. Although there are other remedies also, yet, it is principally the right to damages that brings such wrongful acts within the category of torts. CONCLUSION Hence it can be concluded that the above mention 3 important essentials are required and are inter-related with each other and damages have always been essential characteristic which distinguishes tort form another civil injury.

Answer. 1(b) the above mention problem is identical to a leading case law which is has follows. case law

1. Bhim Singh v/s State of Jammu and Kashmir. [AIR 1986 Sc. 494] FACTS OF THE CASE In this case the petitioner was an MLA of Jammu and Kashmir Assembly was wrongfully detained by the police while he was going to attend the Assembly session. He was not produced before the magistrate within the requisite period. As the consequence of this the member was deprived of his constitutional right to attend the Assembly session. There was also violation of fundamental right to personal liberty guaranteed under Art 21 of the constitution. Orders: In this case Honble Supreme ordered to pay exemplary damages of Rs.50,000/- to the petitioner In the above problem the legal right of an MLA of Karnataka was violated under Art 21 of the Constitution in depriving him to attend the Assembly session hence in this case the maxim Injuria Sine Damno is to be applied. a. INJURIA SINE DAMNO: it means,

Injuria means infringement of a legally protected interest (ie right) of the plaintiff. Sine means without damno means actual physical loss whether in terms of money, comfort, health, service or the like.

So, Injuria Sine damno means that if a private right is infringed, the plaintiff will have a cause of action even if the actual physical damage is not there.

It means that if a private right is infringed the plaintiff will have a cause of action even though the plaintiff has not suffered any actual loss or damage. Thus, according to this maxim what is necessary is the infringement of a legal right and not the proof of actual loss or damage.

Q.No.2(a) Explain the doctrine of Volenti non fit injuria with exceptions. Or Discuss Vicarious Liability with help of decided cases. (b) Some military employees to the government found firewood lying by the side of the river. They took it and used it for camp fire and fuel, under the impression that it belonged to the Government. The plaintiff, the real owner of the wood, brought an action against government. Is the Government liable. Or

X was passing by Ys house. Ys Dog attacked X and tried to bite him. X took his gun and pointed it at the dog. The dog got scared and started running back.. Still X shot the dog and killed it. Y intends to file a suit against X to recover damages. Advise Y
Answer no. 2(a) SYNOPSIS

Introduction Definition

Modes of vicarious liability Vicarious liability is based on two important maxims MASTER AND SERVANT MAIN INCIDENTS OF MASTERS LIABILITY:-

Introduction A general rule is that a man is liable only for his own act but there are certain circumstances in which a person is liable for the wrong committed by others. This is called Vicarious Liability Definition 1. Salmond: In general a person is responsible for his own acts, but there are exceptional cases in which the law imposes on him vicarious responsibility for the acts of another. However blameless himself.

Meaning. So, the term vicarious liability denotes the Liability which A may incur to C for damage caused to C by the negligence or other torts of B.

Modes of vicarious liability a. Liability by ratification. Ex. Contracts, agreements. b. Liability arising out of special relationship c. Liability for abetment.

 law of tort deal with vicarious liability in Liability arising out of special relationship. The relationship are as follows Master and servant Owner and Independent contractor Principal and agent Company and its director Firm and its partners Guardian and ward or father and child Husband and wife Vicarious liability is based on two important maxims 1. Qui facit per alium facit per se:2. Respondent superior

1. Qui facit per alium facit per se:It means that he who acts through another is deemed in law as doing it himself The masters responsibility for the servants act had also its origin in this principle. The reason is that a person who puts another in his place to do a class of acts in his absence.

The master leaves the servant to determine, according to the circumstances that arise, when an act of that class of work is to be done.

 Trust him for the manner in which it is done Consequently the master is answerable for the wrong of the person so entrusted For either in the manner of doing such an act or in doing such an act under circumstances in which it ought not to have been done 2. Respondent superior:Another Maxim is respondent superior ie the superior must be made responsible or let the principal be liable. In such cases not only he who obeys but also he who command becomes equally liable. This rule has its origin in the legal presumption that all acts done by the servant in and about his masters business are done by his masters express or implied authority and are in truth, the act of the master. The master is answerable for every such wrong of the servant as is committed in the course of his service, though no express command or privity is proved. In law of tort master and servant liability is dealt with. MASTER AND SERVANT In order that the master may be held liable for the tort of his servant following conditions should be fulfilled.

a. The person committing the tort must be servant b. The servant committed the tort while acting in the course of employment of his master

c. The act must be a wrongful act authorized by the master or a wrongful and unauthorized mode of doing some act authorized by master.

Since, master is liable for wrongful act of a servant 2 things should be know that is 1. who is a servant? 2. What is the course of employment?

1. who is a servant? To decide who is a servant the Theory of control was levied but it had its own hardship in modern days because of various and different employment like, industries, factories, hospital , communication etc. case law 1. In short v/s J.W. Henderson Ltd In this case Lord Thankerton stated that There must be contract of service between the master and servant has laid down the following 4 indications 1. The masters power of selection of his servant 2. The payment of wages or other remuneration 3. The masters right to control the method of doing the work & 4. The masters right of suspension or dismissal Again this view was not satisfactory because the 3 rd element states about control. In another Case Reddy Mixed Concrete (South East) Pensions and National Insurance. V/s Minister of

The contract of service may be said to exist if. 1. The servant agrees that in consideration of a wage or other remuneration, he will provide his own skill and work in the performance of some service for his master. 2. He agrees expressly or impliedly, that in the performance of that service he will be subject to the others control in a sufficient degree to make that other master 3. The other provisions of the contract are consistent with its being a contract of service. Thus a servant may be defined as any person employed by another to do work for him on the terms that he is to be subject to the control and directions of his employer in respect of the manner in which his work is to be done. A servant is thus an agent who works under the supervision and direction of his employer, engaged to obey his employers order from time to time. 2. The course of employment:A servant is said to be acting in the course of employment if, 1.The wrongful act has been authorized by the master. 2. The mode in which the authorized act has been done is wrongful or unauthorized. 1. Case Law Ricketts Case Facts of the case In this case the driver of the omnibus asked the conductor to drive the omni-bus and turn it round to make it face in the right direction for the next journey. But in doing so an accident took place and severe damages also occurred. Orders:-It was held that master is liable because the driver was negligent in the performance of the masters work.

2. Case Law Maharastra State V/s Kanchan Mala Vijay Singh [AIR 1995 sc 2499] Facts of the case In this case the Honble Supreme court has explained the meaning of in course of Employment The court stated that the law is well settled that the master is vicariously liable for the acts of his servants acting in the course of employment. The test is whether the acts was done on the owners business or that it was proved to have been impliedly authorized by the owner. MAIN INCIDENTS OF MASTERS LIABILITY:Through 6 ways the master becomes liable for the wrong done by servants in the course of their employment. 1. The wrong committed by the servant may be natural consequences of something done by him with ordinary care in execution of his masters specific orders. Case Law Gregory V/s Piper Facts of the case In this case there was some dispute between the defendant and the plaintiff who where neighbours about the right of way. In order to obstruct the plaintiff form using the way the defendant instructed his servant to place rubbish across the pathway, but do it so skillfully that it did not touch the plaintiffs wall.

The servant carried out the orders of the master carefully, but in course of time the heaped up rubbish began to single down with the result that a portion of it touched the plaintiffs wall. The plaintiff brought an action for trespass against the defendant. ORDERS:- It was held that the defendant was answerable, because the initial act which the servant did was an authorized one, and the damage resulting was the natural consequence of the work done by him, however carefully it might have been done. 2. Master will be liable for the negligence of his servant. Case Law Bayley v/s Manchester shiffed and Linocolnshire Rly Facts of the case In this case the duties of the porter of the defendant company to prevent passengers from getting into the wrong train. The plaintiff a passenger was seated in the right train but the porter under the mistaken belief that the plaintiff was in the wrong train violently put him out of the carriage . The act of the porter was certainly mistaken manner of doing of the work entrusted to him, nevertheless the work was done in the course of the servants employment and the defendant was held liable. 3. Servants wrong may consist in excess of mistaken execution of a lawful authority, but 2 things have to be established.

a. It must be shown that the servant intended to do on behalf of his master something which he was in fact authorized to do. b. It has to be proved that the act if done in a proper manner would have been lawful. 4. Wrong may be a willful wrong but doing on the masters behalf and with the intention of serving his purpose. 5. Wrong may be due to the servants fraudulent act. A master is liable also for the wrongful acts of his servants done fraudulently. It is immaterial that the servants fraud was for his own benefit. 6. Wrong may be due to the servants criminal act:Though there is no such thing as vicarious liability in criminal proceedings, yet in a civil action a master is liable in respect of the criminal acts a servant, provided they are committed in the course of employment. Case law Morris v/s C.W.Martin and sons Ltd

In this case the plaintiff had sent 5 coats to x to be cleaned and X with her permission sent it to the defendants, who were specialist cleaners. The defendants handed the coat to their servant M to clean it and M stole the coat. Orders: It was held by the court that the defendants were liable

CONCLUSION :

It can be concluded that under the law of tort the master is liable for the wrongful acts committed by his servant under the course of employment.

Answer 2(b) In the above said problem the solution is as follows The government is liable for the wrongful act of the military employees because, 1. The military government and employees are the servant of the

2.The military employees have done the wrongful act during the course of employment , hence the government is liable

Case Law State of Rajasthan V/s Mrs. Vidyawati [AIR 1962 SC 933] In this case the question relating to the liability of the government for the torts committed by its servants in the course of employment was considered by the supreme court of India.

In this case a person was knocked down by a government jeep car which was rashly and negligently driven by an employee of the state of Rajasthan. This car at the time of accident was taken from the repair shop to the collectors residence and was meant for collectors use. Hence, the wife of the deceased filed a suit against the state of Rajasthan.

Orders: The claim was allowed by the supreme court.

Q.no.3(a) Discuss the principle of Remoteness Damage with reference to decided cases. OR Define Nuisance and Its Kinds

of

(b) A circus lion escapes and injures some spectators. Discuss the liability of the manager of the circus for the injury caused. Or A threw a lighted squib into the market house which was crowded, which fell on the shed on B. B threw it away in the same manner, which fell on the shed of C . C also threw it away in the same manner, which burst the face of P and injured him. Who is liable for the injury. Answer No.3(a) SYNOPSIS

Introduction Definition Essential of Nuisance Kinds of Nuisance Conclusion

Introduction The word Nuisance is derived from the French word nutre and latin term nocere which means to hurt or to annoy.

Definition It has been defined as anything which is injurious to health or offending to the senses and which causes injury or damage or annoyance or discomfort to others. Essentials of Nuisance In order that nuisance is actionable tort it is essential that there should exist. 1.Wrongful Act 2.Damage or loss or inconvenience or annoyance caused to another. Examples: Noise, smell , pollution of air, water etc The 2 main heads of Nuisances are, 1. Injury to the property 2. Interference with personal discomfort. Definitions Winfield: a tort of nuisance means an unlawful interference with a persons use or enjoyment of land or some right over, or in connection with it. Salmond: The wrong of nuisance consists in causing or allowing without lawful justification the escape of any deleterious thing from his land or from elsewhere into land in possession of the plaintiff,. ex. Water, smoke, smell, fumes, gases, noise, vibrations, electricity, disease, germs, animals etc. Meaning Nuisance is commonly a continuing wrong that is to say it commonly consists in the establishment or maintenance of some

state of things which continuously or repeatedly caused the escape of obnoxious things on the plaintiffs land. Case law Ushaben Navinchandra Trivedi v/s Bhagya Laxmi Chitra Mandri, [AIR 1978 Guj 13] Facts of the case In this case the plaintiff filed a suit claiming a permanent injunction against the defendant (producer, director, writer etc of the film) Jai Santhoshi maa restraining them from exhibiting the cinema picture Jai Santhoshi maa. The plaintiff stated that the persons having interest in religion and mythology will be attracted by the picture and when the same is seen by them it will hurt the feeling as goddess saraswathi, laxmi and paravathi are depicted jealous. Orders: The Gujarat high court dismissed the appeal and held that the defendants were not liable . because the defendant have clarified at the very commencement of the film that the entire film is imaginary and hence film is not a annoyance and the hurt to religious feelings is not recognized as a civil actionable wrong. Kinds of Nuisance: There are 2 kinds 1. Pubic Nuisance 2. Private Nuisance

1. Pubic Nuisance:A public or common Nuisance is one which materially affects the reasonable comfort and convenience of public in general or a class of people.

Public nuisance includes like carrying on an offensive trade , selling food unfit for consumption, obstructing public highways and throwing fire works about in the street. Public Nuisance is interference with the members of the public in the exercise of their common rights on the highways. A public Nuisance is a crime Sec 268 of IPC: defines public nuisance as an act of illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity or which must necessarily cause injury obstruction, danger or annoyance to persons who may have occasion to use any public right. Case Law Ramdas and sons V/s Bhuwaneshwar Prasad Singh [AIR 1973 pat 294] Facts of the case In this case the defendants were the registered partnership firm had taken a contract for laying a pipeline and for that purpose they had dug out trenches by the side of the road in front of a government hospital. The trench was left open and it was neither fenced nor any light was placed by the side of the trench as a security measure. The plaintiff was going to the hospital at about 8.00.P.M . and he fell into the trench and received injuries. He filed a suit against the defendants and the court held that defendant were held liable. 2. PRIVATE NUISANCE:-

It may be defined as unlawful interference with a persons use or enjoyment of land, or of some right over or in connection with it. Elements of private Nuisance. The essence of private nuisance is that it is an unlawful interference and or annoyance which causes damage to an occupier or land in respect of his enjoyment of the land. The elements are, 1.unreasonable or unlawful interference 2.Such interference is with the use or enjoyment of land or some right over, or in connection with the land and 3. damage Private Nuisance may be with respect to property or personal Physical comfort 1. Damage to property 2. Physical Discomfort In case of physical comfort the act complained of must be In excess of the natural and ordinary course of enjoyment of the property, that is to say interference must be with the enjoyment or use of land Materially interfering with the ordinary comfort of human existence. Conclusion It can both are a enjoyment control the be concluded that nuisance, whether public or private wrongful act making another person inconvenience in of the property. The aggrieved party has remedies to nuisance.

Answer 3(b) In the above problem the manager is liable for the injury caused by the Lion to the spectators, the reasons is because Under the absolute liability if any persons bring something and keeps in is possession something likely to do mischief and if it escapes and does any mischief the person is liable for the damages. Thus in the above problem the lion has escaped and has done mischief means done injuries to the spectators, hence the manager is liable for the injuries and damages. Q.No.4(a) What is defamation, and explain it kinds. Or Explain False Imprisonment and state the defence to an action of false imprisonment. (b) A makes a charge against B where upon the magistrate orders that B be taken into custody and determined until the matter can be investigated. B sues A for false imprisonment and claims damages. Decide Or Innuendo Answer No. 4(a) SYNOPSIS

Introduction Definition: Essential of defamation: The kinds of defamation are as follows.

1.Libel 2.Slander Conclusion

Introduction A mans reputation is his property, more valuable than other property. Every man has a right to have his reputation preserved inviolate. It is right in rem means a right against all the world. Definition: 1. Winfield:- Defamation is the publication of a statement which tends to lower a person in the estimation of right thinking members of society generally or which tends to make them shun or avoid that person.

Defamation is the publication concerning a person of a statement in words, writing by pictures or significant gestures which exposes such person to feeling of hatered, redicule or contempt whereby he suffers injury to his reputation. Thus defamation consists in using any language or representation oral or written tending to bring the person of whom it is published into hatred, redicule, or disgrace or to injure him in respect of his vocation.

Essential of defamation: Conditions of liability for defamation, 1. The statement must be defamatory 2. The statement must refer to the plaintiff &

3. The statement must be published.

The kinds of defamation are as follows. 1.Libel 2.Slander

1.Libel :- a libel is a publication of a false and defamatory statement in some permanent from tending to injure the reputation of another person without lawful justification or excuse In an action for libel the statement complained of must be false, permanent in nature and published. Libel must be in some permanent and visible form such as writing, printing, pictures, or even by means of a cinema film or gramophone record.

Libel is in all cases actionable per se that is without proof of actual damage when a statement is made in a permanent form the law presumes that of necessity the person defamed has suffered damages.

Case Law Balram V/s Sukh sampat Lala [AIR 1975 Raj 11]

Facts of the case

In this case the plaintiff was a property broker, who used to deal in property. The defendant in Lok Jiwan a daily newspaper published an advertisement which related to plaintiff in which the plaintiff was imputed with doing fraudulent business. For this publication the plaintiff brought an action against the defendant and the publisher of the advertisement. Order: The court accepted the contention of the plaintiff and decreed the suit in the favour of the plaintiff. 2.SLANDER:A slander is a false and defamatory, verbal or oral statement in transitory forms intending to injure the reputation of another without lawful jurisdiction or excuse.

In slander the defamatory statement is made in spoken words, or in some other transitory form, whether visible such as gestures or in articulate but significant sound. Slander when actionable per se

Slander is actionable one on proof of special damage mere loss of reputation is not sufficient to constitute an action for spoken words, there must be loss of some material advantage some loss which is pecuniary or at any rate, capable of being estimated in money.

In the following cases , however slander is actionable per se is special damage to the plaintiff need not be proved.

1. When criminal offence is charged 2. Imputation of virulent disease 3. Incompetence of unfitness for office, profession or trade 4. Imputation of unchastity of women or girl 5. Aspersion on caste. Conclusion It can be concluded that no person should not speak or defame any person in the society because the statutes or reputation of the person will be the important and precious property of any person in the society without which he cannot exist. Answer No.4 (b) A statement may be innocent in its natural and ordinary sense, but it may communicate defamatory meaning if it is likely to be understood and in fact, under the light of certain existing facts known to the persons to whom the statements has been made. In such cases an innuendo is required. By Innuedo is meant the explanatory statement that though the words were not libelous in their ordinary meaning, they had in fact a libelous meaning in the circumstances of the case. Ex. Where the defendant publishes a statement which according to him is not defamatory on the basis of facts known to him but in fact defamatory owing to the facts not known to him but known to the persons to whom it is made, the defendant will be liable.

Q.No.5(a) Who is consumer ? Explain the objectives of the Consumer Protection Act 1986.

Or Explain the composition and jurisdiction of National Commission. (b) Restrictive Trade Practice. Or District Forum. Answer no 5(a) SYNOPSIS Definition Case law THE OBJECTIVE OF THE ACT According to sec 2(i) (d) means any person who 1. One buys any goods for consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and included any user of such goods, but does not include a person who obtains such goods for resale or any commercial purpose, or 2. Hires or avails of any services for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment and includes any beneficiary of such services. EX. A person hiring services from a travelling company A person taking the services of post and telegraph department after paying necessary charges Allottees of flats by development authority A person who takes a policy of insurance of goods.

Case law M/s Spring Meadows hospital V/s Harjol Ahluwalial [AIR 1998 Sc 1801] Facts of the case In this case a minor child was being treated in a nursing home in Noida but there being no improvement in the condition of the child his parents brought him to M/s Spring Meadows hospital where the child was wrongly injected by the nurse without checking the injection brought from the market. And because of this the child suffered cardiac arrest. Thus the parents of the child filed a case against the hospital authorities

Orders: The Honble Supreme court held that If the parent of the child having hired the services of the hospital are consumers within the meaning of the sec 2(1) (d) (i) and child also is consumer and parents are also consumers hence the hospital is liable to pay the damages sustained by the child and parents.

THE OBJECTIVE OF THE ACT

To provide for the better protection of the interest of consumers. To establish consumer councils and other authorities for the settlement of consumers disputes

 To provide for matters connected with the above. To provide for the better protection of interest of consumer with a view to protect the interests of the consumers and to save them from exploitation at the hands of traders and other agencies.

Answer 5.(b) According to sec 2(1)(nnn)

A trade practice which tends to bring about manipulation of price or it conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include a. Delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to rise in price. b. Any trade practice which requires a consumer to buy hire or avail of any goods or as the case may be services as condition precedent to buying hiring or availing of other goods or services.