1. Who cannot sue and who cannot be sued under the law of torts. Discuss.

Explain briefly the persons who are under the disability to sue and to be sued under the law of torts. Ans Who cannot sue But the following persons cannot sue due to their personal disability :1. Alien Enemy 2. Convicts . Ban!rupts ".#usband and $ife %. Corporation %.&nfant ' (oreign )tate Who cannot be sued :- the following persons cannot be sued in tort :1. )overeign or the Crown 2. &ndian *aw :- +nder the const. ,he president- governors and ra.pramu!hs of state shall not be answerable to any court / ,he following are the rules regarding the liability of the 0ovt. ,he 0ovt. is liable for the torts of its servants in the course of transactions which any private person can engage in. ,he 0ovt.cannot be sued in respect of acts done by its servants in the e1ercise of its sovereign powers. 2. (oreign )overeigns . Ambassadors ".2ublic 3fficials %. &nfants 1. ,he contracts cannot be converted into tort. 2.,ort cannot be converted into contract .*unatics and 4run!ards " Corporations / A corporation cannot be sued unless 1. the act was done within the scope of the agent- 2 the act was done within the purpose of the incorporation.. But a corporation can sue and be sued for 1. defamation - 2. deceitmalicious prosecution. % ,rade +nions '.5arried $omen 2. Define tort and explain its essential elements. Distinguish Tort from breach of contract and crime. If privity necessary to support an action in tort. ow is a tort different from other civil wrongs. !an the same act be a tort" crime and breach of contract. Tortious liability arises from the breach of a duty primarily fixed by law. This duty is towards persons generally and its breach is redressable by an action for unli#uidated damages. Explain this statement of Winfield. A tort is a species of civil in$ury or wrong. Examine this definition and add other features to ma%e it comprehensive. Ans *iteral meaning of the ,ort :- ,he term tort is a the (rench tort. &t is driven from the latin term tortum which means a conduct which is twisted croo!ed or wrong causing in.ury to a person or persons. ,he persons who commit tort is called a tortfeasor or wrongdoes and his misdoing is a tortuous act. &ain elements of tort 1.,ortious liability arises from the breach of a duty primarily fi1ed by law. 2. )uch primary duty is towards persons generally. .)uch breach of primary duty is redressable by an action for unli6uidated damages. 'actors defining the tort 1.,here must be some act or omission on the part of the defendant independent of contract.2. )uch act or omission must not be authorised by law. .,here must be infringement of some legal right of the plaintiff by such act or omission of the defendant. ".)uch act or omission must give rise to an action for damages at the suit of the in.ured party. Essential of tort 1.A tort is a civil wrong 2. )uch civil wrong is different from other civil wrongs. . ,he remedy for such civil wrong lies in an action for unl6uidated damages / (. )olenti non fir in$uria. Explain Ans. &t means willingness does not ma!e in.ury or where the sufferer is willing no in.ury is done. &n other words harm suffered by consent is not a matter of cause of actions. Essential of )olenti non fit in$uria *+1 Consent must be freely given 2. Acts and methods of doing the acts must be lawful .!nowledge of the ris! is not the same thing as consent to run the ris! Exceptions to the above are 1.Consent to unlawful acts 2.*iability under statute .cases of rescuing ". Cases of negligence %. ,es ipsa lo#uitur :- essential three conditions to be fulfilled for the application of res ipsa lo6uitur / 1. ,he event which caused the accident must have resulted within the control of the defendant 2. the mere occurrence of the event must raise of itself a reasonable inference that the defendant or his servants or agents have been negligent- want of any e1planation how the accident occurred by the defendents. - ..tate the circumstances in which the liability for torts is discharged. Ans. $here there is a vested right of action for a tort- such a right of action may be discharged in the following seven ways 1. Death of either party E1ceptions under the English law 7i8 ,he law reform Act- 19 "- 7ii8,he fatal accident act- 1:"' 7iii8 the employer;s liability act- 1:: 7iv8 the wor!men;s compensation act- 192% +nder the &ndian law the following are the e1ceptions 7i8 *egal representatives suits act 1:%% 7ii8 fatal accidents act- 1:%% 7iii8 &ndian succession act- 192% 7iv8 4eath of the wrong doer. /. Waiver :$aiver may be either e1press or implied. (.Accord and satisfaction :- -.,elease 0.Ac#uiescence :- 1.2udgement recovered E1ceptions :- 1. where tow or more rights are violated a fresh suit can be filed for violation of each right. 2.$here damage is not the essence of the action. .where damage is the essence of the action a fresh cause of action arises as often damage arises. ". $here the in.ury is of continuing nature- the plaintiff may file a fresh suit for the continuance of the in.ury 3..tatute of 4imitation

0. Enumerate those defences which apply generally through out the law of torts. There are various conditions which in their absence would be a wrong. Discuss the general exceptions to the liability in torts in the light of the above statement. Ans.,here are certain rules of immunity which limit the rules of liability. &n other words there are certain conditions which when present will prevent an act from being wrongful which in their presence would be a wrong. The general exceptions to tortuous liability are as follows *+1.Act of state ,hus- an act of state is an in.ury. 7a8 done against an alien.7b8 By a civil or military servant of the crown 7c8 $hich act is either previously authori<ed or subse6uently ratified by the crown on state policy.7d8 $hich would otherwise - constitute a wrong but being done under the state policy- is not cogni<able by any municipal court. Indian law /,he act of state will not be available to the state under the following cases :-1. where the sovereign act is towards its own sub.ects.2. where the act complained of is done under the sanction of 5unicipal law. . ,respass to immovable property.". an obligation imposed by a statute.%.cases where it can be shown that some benefit has resulted to the 0ovt. from the tort of its servants. /.2udicial Acts (.5uasi 2udicial Acts -. Executive Acts %.Acts done under parental or 6uasi parental authority '. Authorities of necessity =.Act of 0od :. Acts authori<ed by statute 9. *eave and *icence 1>.&nevitable accident 115ista!e of fact 12 E1ercise of common right 1 2rivate 4efence 1". 2laintiff a wrong doer 1%.Acts causing slight harm 1. What do you understand by the doctrine of vicarious liability. Is such liability $ustified. ow far a master is liable for the tort committed by his servant. In what classes of cases and on what grounds may one persons sue and be sued for a tort committed by another. Ans. )icarious liability *+ &t means the liability of one person for the torts committed by another. +nder the law of tort the general rule is that every person is responsible for his own acts. But there are circumstances where liability attached to a person for the wrongs committed by others. ow )icarious liability arises 6 1.*iability to ?atification 2. *iability by special relationship . *iability by abatement @ormally- the person who is liable for a wrong is he who does the wrong. But liability for another may arise where the doer of the act and the persons sought to be held liable therefore are related to each other as 1. master and servant- 2 owner and independent contractor- principal and agent- " company and its directors- % guardian and ward. 7rinciples on which vicarious liability is $ustified 1. #e who does an act through another- is deemed in law to do it himself. A person who puts another in his place to do a class of acts in his absence- necessarily leaves him to determine according to the circumstances that arise when an act of that class is to be done. 2.?espondent superior / ,he master is answerable for every such wrong of the servant or agent as is committed in the course of the servicethough no e1press command or privity of the master is proved. ow far a master is liable to third person for torts of his servant -According to salmond a wrongful act is said to be done A in the course of employment if 7i8 it is authori<ed by the master- 7ii8 is a wrongful and unauthori<ed mode of doing some act authori<ed by the master. When is master liable *+ 1. where the wrong is the natural conse6uence of the authori<ed act.2. where the wrong is due to the servant;s negligence. . ,he wrong may be due to e1cess or mista!en e1ecution of a lawful authority.". ,he wrong may be a willful wrong %.,he wrong may be die to servant;s fraudulent act '.,he wrong may be due to servant;s criminal act 8. What are the various %inds of damages available in tort action. Binds of damages / 2l. )ee 6. 1> ow damages are assessed in India :- 5easure of damages means the footing upon which the 6uantum or amount of damages to be awarded in a given case may be calculated. ,he law has not prescribed any arithmetical standard to measure damages ina suit under the law of torts- nor can it possibly do so. $hat is the basis of such compensation was a problem before the house of lords by way of damages and laid down the following rules :- 1.,he test to determine compensation is not the length of time of life of which a person has been deprived. 2 .,he test of happiness of life is not to be sub.ective. .Cery moderate damages should be allowed for an action under this lead. " .,he economic and social position of deceased has to be ignored in assessing such damages. ow damages are assessed in India.

9. Define defamation. What is meant by libel and slander. Distinguish between them. What defences are available to the defendant in a suit for defamation. Explain the statement that the greater the truth the greater the liable.

Ans. Defamation :- Every person has an absolute right to preserve his reputation. ,his right is ac!nowledged as an inherent personal right of every person. &t is a right in rem i.e right available against the whole world. A man;s reputation is his property and if possible more valuable than any other property.
Types of defamation *+1. 4ibel :- A libel is a publication of false and defamatory statement- in some permanent formtending to in.ure the reputation of another person- without lawful .ustification or e1cuse. Essentials are 1. the statement must be false- 2. it must be permanent form- it must be defamatory /. .lander / A slander is a false and defamatory verbal or oral statement in some transitory form- tending or in.ure the reputation of another- without lawful .ustification or e1cuse. By reputation is meant the opinion of the world in general. Essentials are :- 1. the matter complained of must be defamatory- 2 must be false- and must not be privileged- must refer to the plaintiff- " must be published- % must be published by the defendant- ' must be special damage to the plaintiff. .lander is actionable per se without proof of special damage to the plaintiff 1.Accusation of criminal offence 2.Accusation of virulent disease .imputation against office- profession or trade." unchastity in woman or gir %Aspersion on caste. Essentials of defamation *+ 1.,he statement must be defamatory 2. the statement must refer to the plaintiff .the statement must be pubslished Defences of defamation *+1 Dustification by truth 2. fair and bona fide comment .privileged communications 7rivileged occasions are of the following two %inds 7a8 Absolute privilege-privilege arise in the following four !inds of proceedings /1. 2arliamentary proceedings 2. Dudicial proceedings .military and naval proceedings ". state proceedings :b; #ualified privilege 61. statement made in performance of a duty 2.statement made in protection of common interest fair and accurate reports li!e / reports and .udicial proceedings- e1tracts or abstracts form report of parliamentary proceedings- fair reports of parliamentary proceedings- reports of 6uasi .udicial proceedings 1< What is meant by contributory negligence and its last opportunity rule. Explain the doctrine of contributory negligence is a factor in extinguishing tortuous liability. Ans.!ontributory negligence *+ Contributory negligence means the negligence of the plaintiff is not avoiding the conse6uence arising from the negligence of the defendant when means and opportunity are afforded to do so. &t is the non e1ercise by the plaintiff of such ordinary care- diligence and s!ill as would have avoided the conse6uence of the defendant;s negligence. ,he doctrine is based on the two ma1im 1. volenti not fit in.uria and 2. in.ure non remota causa sed pro1ima spectatur 1. where a man who !eeps his hand outside the window of a railway coach or hangs perilously on foot bord !nowing the ris! in either case- is only inviting the in.ury and cannot claim damages against the railway company. 2.where the plaintiff was crossing a railway line a servant of the railway company in charge of the crossing shouted a warning to him . 3wing to his deafness the plaintiff was unable to hear the warning- and was conse6uently in.ured. &t was held that this amounted to contributory negligence of the plaintiff. ,ules regarding the liability of contributory negligence *+ 1. wherever the immediate pro1imate or decisive cause of the damage is the plaintiff;s own negligence o want of care and caution so that but for such negligence or want or ordinary care and caution on his part. 2. ,he plaintiff however is not disentitled to recover unless it is shown 1. that one might by the e1ercise of ordinary care have avoided the conse6uences of the defendant;s negligence or 2. that the defendant could not avoid the conse6uences of the plaintiff;s negligence. . &f there has been as much want of reasonable care on the plaintiff;s part as on the defendant Es the plaintiff cannot sue the defendant. Contributory negligence is no defence in the following cases /1.where rightful acts are assumed 2.where defendant had later opportunity . 4octrine of alternative danger ".5aritime law %.Childern 11. Discuss the various remedies available in an action for tort. ,he various remedies available to the plaintiff in an action for torts may be shown in a tabular as under ,emedies *+1; 2udicial*+ a8 damages :- &8 contemptuous - ii8 nominal- iii8 substantial- iv8 e1emplary- b8 &n.unction :&8 ,emporary- ii8 perpetual iii8 mandatory- iv8 prohibitory- c8 )pecific restitution of property. 2. Extra $udicial remedies :- 1 )elf defence - 2. e1pulsion of trespass- . re-entry on land- ". recaption of goods- %. abatement of nuisance- '. distress damage feasant

1/. Discuss fully the rule of absolute or strict liability. Explain the rule laid down in ,ylands )s. 'letcher. Are there any exceptions to this rule. Discuss. Ans. Absolute 4iability *+ ,here are certain cases in which the defendants are under the duties to secure safety. &n such cases even if there is no negligence or wrongful intention on the part of the defendant yet he is liable for direct conse6uence of his acts. ,hat is why it is called absolute liability. &t may be defined as a duty- which renders a man liable without any fault of his- irrespective of any consideration of intention or negligence on his part. ,he liability for breach of absolute duty to insure safety may arise with respect to / 18 cases relating to escape of dangerous things 2.8 cases relating to escape of animals 8 cases relating to the sue of things in their nature specially dangerous . such as fire - loaded firearms - e1plosive- poisonous - drugs etc. "8 cases relating dangerous premises %8persons professing s!ill ,ylands )s. 'letcher *+ &t is the most important case relating to the escape of dangerous things. After the decided case it brings that if a person brings or accumulates on his land anything which- if it should escape - may cause damage to his neighbours- he does so at his own ris!. &f it does escape and cause damage- he is responsible however careful he may have been and whatever precautions he may have ta!en to prevent the damage. !onditions for the application of strict liability *+b there should be an escape from the land of something li!ely to do mischief if it escapes. 28 ,here should be non natural use of land Indian law :- it has been held in several cases that the principle of ?ylands Cs. (lethcher applies in &ndia. ,hus- when the owner of the land had penned bac! the water of a stream by erecting a bund upon his land- so as to inundate the land of his neighbour- without the latter;s permission it was held that the owner was liable. Exceptions *+18 Cis ma.or or Act of 0od. 28 Act of a stranger 8 2laintiff;s own fault. "8 Common benefit %8 )tatutory authority 1 . What do you understand by trespass. What are the defences open to the defendant in such action. Ans. Trespass *+ ,respass to land is an unwarrantable entry upon the land of another- or any direct and immediate act of interference with the possession of such land. ,o constitute the wrong of trespass- neither force nor unlawful intention nor actual damage nor brea!ing of any enclosure is necessary. Every invasion of private property- be it so minute is a trespass. ,respass to land is a continuing wrong which lasts so long as the in.ury to the land continues and gives rise to actions so long as it lasts. ow trespass is committed *+ 18 ,respass by way of wrongful entry 28 ,respass by remaining on the land 8,respass by placing things on the land Essential conditions for trespass *+ 1. ,hat he was in actual possession of the land at the time of trespassF he must have effective possession - and not mere user. &t is immaterial whether his possession is rightful or wrongful 2. that there was direct interferences with the possession of his land- though there is no need to prove actual damage- since trespass is actionable per se. 7laintiff=s remedies *+18 #e may bring an action against the wrong does. 28 he may forcibly defend his possession or forcibly e.ect him 8 he may obtain an in.unction to restrain a continuing or a threatened trespass. Defences of trespass *+ 18 prescription 28 *eave and licence 8 Authority of law:- a8 E1ecution of legal process B8 distress c8 distress damage feasant "8 Act of public necessity %8 )elf defence '8?e-entry on land =8 ?e-ta!ing of goods and chattels 7re-caption8 :8Abatement of nuisance 98)pecial property or easement Definition of trespass 6ab+initio:- $hen a person enters upon the land of another by authority of law and is subse6uently guilty of an abuse of his authority by an act of misfeasance- his misconduct relates bac!- so as to ma!e his original entry tortuous- and he is liable in damages- not only for the entry itself but also for subse6uent acts. Essential conditions *+18 Authority must be given by law 28)ubse6uent act must be a misfeasance 1-. What do you understand by the malicious prosecution. Explain fully with the help of leading case provided in your course. Ans.&alicious !riminal prosecution :- malicious prosecution means the malicious institution against another of unsuccessful criminal or ban!ruptcy or li6uidation proceedings within reasonable or probable cause. &t may also be defined as the institution against an innocent person o unsuccessful criminal- ban!ruptcy or li6uidation proceedings without reasonable and probable cause and in a malicious spirit.

Essentials of malicious prosecution *+ 18 ,hat he was prosecuted by the defendant 28,hat the proceedings complained of terminated in plaintiff;s favour 8 that he was prosecuted without any reasonable and probable cause. "8 that he was prosecuted with the malicious intention. %8,hat the plaintiff suffered damage 10. Explain the principle of nuisance. What are the defences open in an action based on nuisance. Define nuisance. Is coming to nuisance a defence for the defendant. Illustrate your answer. What is public nuisance. !an it be private also. Distinguish between public and private nuisance. Ans. >uisance :- ,he word nuisance is derived from the (rench word nuire and the latin word nocere meaning to do hurt or to annoy. @uisance has been defined to be anything done to the burt or annoyance of the lands- tenements or hereditament of another- and not amounting to a trespass. !haracteristics *+18&t implies that one should use one;s property in such a way that no in.ury is done to another;s use of property. 28 &t is different from trespass because it is regarded an in.ury to some right accessory to possession but not to prossession itself. ?inds of >uisance + 1; 2ublic @uisance means an act or omission which cause any common in.ury danger of annoyance to the public or to the people in general who dwell or occupy property in the vicinity. 28 &s coming to nuisance a defence for the defendant - +nder the law of tort no defence is available to the defendant that the plaintiff himself came to the nuisance. &n fact- if the nuisance already e1ists in a particular place and the plaintiff thereby suffered damage due to that the defendant cannot ta!e the defence that the plaintiff himself came to nuisance. When can public nuisance become private nuisance * +Although public nuisance is an offence and no suit for damages can be filed for it vet a public nuisance may become a private nuisance if the plaintiff satisfies the following three conditions /18 special damage 28 4irect damage 8 )ubstantial 7rivate >uisance :- A private nuisance is some unauthori<ed use of man;s own property- causing damage to the property of another or some unauthori<ed interference with the property or proprietary rights of another- causing damage- but not amounting to prespass. 2rivate nuisance includes obstruction to light and air- wrongful escape of foul gas- or noise water- filth- germs etc. ?inds of 7vt. >uisance 18 Damage to 7roperty :- &n case of damage to property - any sensible in.ury would be sufficient to support an action. &n consideration whether an act is a nuisance - not only the thing done- but also the surrounding circumstances- must be ta!en into account.28 7hysical discomfort :- &n case of the physical discomfort- the act complained of must be 7i8 in e1cess of the natural and ordinary course of en.oyment of the property and 7ii8 materially interfering with the ordinary comfort of human e1istence. Defences of >uisance 18 0rant 28 2rescription 8)tatutory authority 11. Write short notes on the following 2oint Tort feasors :- $hen several persons .oint in committing a tort- they become .oint tort feasors. ,here must be some connection between the act of one alleged tort feasor and that of the other. ,here must be concurrence in the act or acts causing damage- not merely a coincidence of separate acts which by their con.oined affect- cause damage. @rigin of 2oint liability :- ,he liability of .oint tort feasors is originated in three circumstances :1. Agency 2. Cicarious liability . Doint of common action

@ature of .oint feasor;s liability- 1.,he liability of wrong doers is a .oint and several liability- so that each is liable for the whole damage 2. a release of one of several tort-feasors releases all the others. . the cause of action as against the wrong doer being one and indivisible- a .udgement obtained against one or more of the wrong doers will be bar to a future action against the others- even through the .udgement may not be satisfied. !ontribution between $oint tort 6 feasors :- At common law there was no contribution among .oint tort-feasors and a tort feasro who was forced to pay the whole or more than a proportionate share of the damages- had no claim against the other or others for their shares.
&ayhem *+ Among the personal in.uries not causing the death of the person- the most serious is AmayhemG or AmaimG. An action for this tort is maintainable when a person has been deprived of any fighting limb. $here it is not a fighting limb which a person has been deprived of- then the action would not be for mayhem. ,he only test of a mayhem is hurt on any part of a man;s body whereby he is rendered less able in fighting or defending himself or in annoying his adversary. 'oreign torts*+ A foreign tort means a tort which is committed abroad i.e. a tort the cause of action regarding which has arisen abroad. )uch a tort may be of two !inds :1 ,orts to realty :- when a tort is committed with respect to immovable property in a foreign country- no suit can be filed in England though the wrongdoer is a British sub.ect resident in Britain.

2 2ersonal tort :- $here - however- the tort is committed with respect to movable property or against the person of the plaintiff an action is maintainable. &ental or >ervous .hoc% *+ it means a shoc! to the moral or intellectual sense- by nervous shoc! mean a shoc! to the nerve and brain structures of the body. ,he phrase nervous shoc! is generally used as a convenient caption for discussing the cases on the sub.ect- but the words nervous mental or emotional shoc! are now used interchangeably. 'alse imprisonment *+ &t means the total restraint of the liberty- for however short a time- without lawful .ustification. )uch a restraint may be either physical or by a mere so of authority. &n an action for false imprisonment - the plaintiff must prove the following two things 1.A complete deprivation of liberty:- &n an action to succeed the plaintiff need not prove an actual imprisonment in the sense of imprisonment in a .ail. #e must prove however that there is a complete deprivation of his liberty. ,hus- no action lies where the plaintiff is unlawfully prevented from going in a particular direction. 2.,he detention must be unlawful :- &t must detail the plaintiff unlawfully. &t is detention is made in accordance with the powers given by law to the defendant - then no action les. Deceit *+ (raud or deceit means a false representation of a fact made with the !nowledge of its falsehood- or without belief in its truth- or a rec!less statement whether it be true or false- with intent to induce a person to act in reliance upon it- with the result the person acts on it and suffers damage. Essentials of Deceit *+ 1.(alse representation 2. Bnowledge of its falsity .plaintiff to act upon it ".4amage to plaintiff ,emoteness of damage :- the damage suffered by the plaintiff must be the direct and natural cause of the defendant;s act. the law will permit no damages to be recovered- e1cept such as are the natural and legal conse6uences of a wrongful act. 4amage is said to be too remote- when- although arising out of the cause of action- it does not immediately and necessarily flow from it- or is such which could not have reasonably been foreseen. A man is not liable for all the conse6uences of his wrongful act or default. *iability must be founded on the act which is the immediate or direct cause of the harm. !onspiracy *+ it may be defined as when two or more persons without lawful .ustification - combine for the purpose of willfully causing damage to the plaintiff- and actual damage results therefrom they commit the tort of conspiracy. Essentials :-1. ,here must be a combination of two or more persons. 2.&t must be without lawful .ustification .&t must be for the purpose of willfully causing damage to the plaintiff ". Actual damage must result from such combination 13 Define and distinguish between the following *+ Detention *+ 4etention is the adverse withholding of the goods of another. ,he remedy for this tort in English law is an action in detinue. &t lies for the specific recovery chattels wrongfully detained from the person entitled to their possession- and also for the damages occasioned by the wrongful detainer. !onversion *- Conversion is the wrongful ta!ing or using or destroying of the goods- or an e1ercise of dominion over them inconsistent with the title of the owner. Essentials :-1.by wrongfully ta!ing a chattel 2.by wrongfully detaining a chattel .by wrongfully disposing a chattel. Dist. Aetween conversion and detention *+ 1. As to their nature 2.As to their scope Damage and Damages 4amage means the loss which the plaintiff has suffered on account of the wrongful act of the defendant. &t may be a loss of money- health- confort or service etc. 4amages means on the other hand the compensation for the loss which the court awards to the plaintiff on account of the wrongful act of the defendant.

Assault and Aattery*+An assault is the unlawful laying of hands on another- or an attempt to do a corporal hurt to
another- coupled with present ability and intention to do the act. ,hus- the essence of the wrong is putting a man in present fear of violence - so that any act fitted to have that effect on a reasonable man would not be an assault. But mere verbal threat is not assault - nor is a threat considering only of gestures- unless there is an immediate intention and a person ability to carry it out. Essentials :-1.,hat there was some gesture or preparation which constituted a threat of force 2.that the gesture or preparation was such as to cause a reasonable apprehension of force .that there was a present ostensible ability on the defendant;s part to carry out the threat into e1ecution immediately. Aattery *+ Battery & the actual stri!ing of another person or touching him in rude angry in insolent manner. ,he intentional application of force to the person of another without lawful .ustification - however trivial the amount of nature of the force may be - constitutes the wrong of battery.Essentials of Battery :-1. ,he use of force to a person - either to his body i.e. slapping or pushing or by bringing an ob.ect into contract with his body. 2. that the use of force was intentional. 18. What are the two rival theories regarding the foundation of tortuous liabilities. Explain. Ans. ?egarding the foundation of the tortuous liability a 6uestion is generally as!ed as to whether there is any general principles of liability in tort. ,he 6uestion is often posed in the form Ais there a law of tort or only a law of tortsG. ,wo rival theories - one say there is general principle of liability as such but only a definite number of torts as trespassnegligence- nuisance- defamation and so on and a plaintiff has no remedy unless he brings his case under one of the nominate torts. .almond=s theory i.e the law of torts :- According to him A .ust as criminal law consists of a body of rules establishing specific in.uries. @either in the one case not in the other is there any general principle of liability. )almond is of the opinion that there was no English law of tort- there was merely law of torts i.e list of acts and omissions which in certain conditions were actionable. )almond has supported his view by citation of several cases in which the plaintiff suffered manifest in.ury and yet was unable to recover any damages in an action in tort cases in which there was damnum sine in.uria. !riticism *+ 1. ,he case of damnum sine in.uria cited by salmond do not really support his theory. &t does not in the least follow that- because all un.ustifiable harm is tortuous- all harm is tortuous or that any one who has been harmed by his neighbour can go into a law court with the confident e1pectation of being accorded a remedy. #e will recover nothing if he alleges a specific tort and fails to prove some essential ingredients in it i.e. if he sues for the tort of negligence and cannot prove a duty to ta!e care on the part of the defendant. 2.$hile there is some force for 4r. .en!;s criticism it seems to be scarcely consistent with facts. &t is not really true that all the new torts !nown to us are substantially similar to torts which were already in e1istence. .,he common law has not proved powerless to attach new liabilities and creates new duties where e1perience has proved that it is desirable. ,here is a cause action at common law whether there is negligence causing damage in circumstance in which a duty is owed to plaintiff to ta!e care H it is for courts to say when there is a duty to ta!e care. Winfield=s theory A law of tort :- $infield is the chief e1ponent of this theory. #e says all in.uries done to another person are torts- unless there is some .ustification recogni<ed by law. ,his according to this theory tort consists nor merely of all those torts which have ac6uired specific names but also includes the wider principles that all un.usticiable harm is tortuous. ,his theory has been supported by the dicta of some eminent .udges both anciem and modern. &t is howeverreinforced by the fact that the courts have repeatedly e1tended the domain of tort by creating a new torts i.e. torts to which specified names have been given. ,his creation of new nominate torts is e1actly what one would e1pect if the principle that A all un.ustifiable farm is tortuousG is correct. 19.Define >egligence. What are its essential elements which the plaintiff must prove in order to recover damages from the defendant. Ans. >egligence :- &t means the want of proper care and carelessness. ,he various .urists defined negligence as under 1. 4r. +nder hill : @egligence consists in the omission to do something or he doing of something which a prudent man would not do and is actionable whenever as between the plaintiff and defendant- there is a duty cast upon the latter no to be negligent and a breach of this duty which causes damage to the plaintiff. According to circumstances here means that a particular act may or may not by negligent depends wholly according to circumstances. &n other words it is not the act that gives the idea of negligence but the negligence is to be determined under what circumstances that particular act is committed.

Essentials *+&n case of negligence a plaintiff must prove the following " elementsI1.,hat the defendant was under a legal duty to ta!e care 2. that the duty was towards plaintiff .that the defendant was guilty of the breach of that duty ".that the plaintiff suffered damage. What defences are available to the defendant in case of negligence. &n case of negligence the defendant can ta!e the following defences :- 1. Contributory @egligence 2.Act of 0od or vis ma.or :- According to )ir (redric 2olloc! :- Act of 0od is an operation of natural forces so une1pected that no human foresight or s!ill could reasonably be e1pected to anticipate it. ,hus act of god includes those conse6uences which are occasionally the elementary force of nature unconnected with the agency of man. Essentials of Act of Bod *+1.,hat event causing damage was the result of natural forces without any intervention from human agency 2. that event was such that the possibility of such an event could not be recogni<ed by using reasonable care and foresight. $hether a particular event amounts to an act of god or not is a 6uestion of fact. @ow a days the scope of this defence is very limited because with the increase of !nowledge the foresight also increases and it is e1pected that the possibility of the event could have been visuali<ed. !onsumer 7rotection Act" 1981 /<. What are the special features of the consumer protection act" 1981. Write an essay on the general introduction of the consumer protection act" 1981. Ans 'eatures of consumer protection act :- 1..hort title" extent and commencement of the Act / according to ). 1718 of this act may be called the consumer protection act 19:'. it e1tends to the whole of &ndia e1cept the state of Dammu and Bashmir. &, shall come into force on such date as the central government may- by notification- appoint and different dates may be appointed for different states and for different provisions of the act. ,hus- it is clear that this act could not be enforced on a single date in the entire country as different dates appointed by different states and for different provisions. /.@b$ects and reasons of the act / 1. ,he consumer protection bill see!s to provide for better protection of the interest of the consumers and for that purpose- to ma!e provisions for the establishment of consumer disputes and for matters connected therewith. (.it see%s inter alia to promote and protect the rights of the consumers a to be informed about the 6uality- 6uantity- potency- purity- standard and price of the goods. 7i8 to be assured wherever possible access to variety of goods at competitive prices 7ii8to be heard and to be assured that consumers interests will receive due consideration at appropriate.7iii8 the right to see! redressal against unfair trade practices or unscrupulous e1ploitation of consumers7iv8 right to consumer education 0.These ob$ects are sought to be promoted and protected by the consumer protection councils to be established at the central and state . '.,o provide steady and simple redressal to consumer disputes a 6uasi .udicial machinery is sought to be set up at the district- state and central levels. ,he bills see! to achieve the above ob.ects.1. .ub$ect matter of the act :- &t provides for compensating the consumers who have been given the following right under the act / 1.?ight to be protected against commerce of such goods which are dangerous to health- life or to property. 2. ?ight to be informed about the 6uality- 6uantity- capacity- purity- standard .right to availability of varieties of goods under trade competition ".right to be heard and of assurance that interests of the consumers will be considered at different portfolios %. right to damages against unfair trade practices '.right to consumer education =.Act not in derogation of any other law :. establishment of consumer dispute redressal agencies 9.Consumer :- Ans 2> 1>. Consumer dispute / Ans 2> 11 $ho can ma!e a complaint before a consumer forum Ans 2 12 $hat may be said to be a complaint / And 2> 1 $here complaint is to be filed :- A complaint may be filed before the district forum if the goods purchase or the service hired is valued not more than ?s. %.>> lac. ,o the state commission if the valuation of such goods or service is not more than ?s. 2>.>> lac. 1- ow to file a complaint :- A complaint should be made in writing giving complete particulars thereof. @o court fees is to be paid on the complaint. &t may be filed in person or may be sent by post or may be presented by his agent or counsel. (our copies plus number of copies as there are opposite parties of the complaint are to be filled in district forum- on in state commission- si1 copies plus number of copies as there are opposite are to be filled or sent to the national commission. 1%. (orm of Complaint :- 0enerally no form of complaint is prescribed . #owever- a complaint should give the following informations :A @ame of the complainant B name of the opposite parties- addresses with their designations C facts relating to the complaint- when the cause of action arose and what are the grounds or causes of compliant 4 docs in support of the

complaint E affidavit in support of the complaint ( the complaint should be signed by the ma!er of the complaint or his agent duly authori<ed by him 11. What relief can be granted to a complainant *+ 1.,o remove defects pointed out by he appropriate laboratory 2.to replace the goods with new goods . to return to the complainant the price ".to pay compensation as may be decided by the forum to the complainant %. to remove the defects of deficiencies in the services of 6uestion '.to discontinue the unfair trade practices =. not to offer ha<ardous goods for sale :.to withdraw ha<ardous goods from being offered for sale 9.to provide for ade6uate cost to the parties. 13. 7rocedure to file appeal / Appeal may be filed against the order of the district forum to the state commission and from an order of the state commission on a complaint to the national forum. *imitation for filing appeal is > days from the order;s date. @o court fee is payable on memorandum of appeal in the form as prescribed if any. An appeal against order of the national commission on a complaint may be filed in the supreme court of &ndia. &n supreme court ?s. 2%>J- shall be paid as court fees on the memorandum of appeal. 18.4imitation for filing complaint :- *imitation for filing complaint before a forum is two years from the date of occurrence or arising of cause of action- or as provided by the *imitations act- 19' /<.Write notes on the following *+ Ans 1.!onsumer *+ &t means any person who A buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any user of such goods other than the persons who buys such goods for consideration pair o promised or partly paid and partly promised or under the system of deferred payment #ires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the service for consideration paid or promised ,he word consumer acts in two parts :- 1. ,he first part declares the meaning of the goods and services by use of wide e1pressions. ,he act applies to all goods and services save as otherwise e1pressly provided by the central government by notification. 2.Association of persons when a consumer :- An association of persons to have locus standi as a consumer it is necessary that all the individual person forming the association must be consumers - that they must have purchased the same goods or service for consideration- they must have purchased the same goods or hired the same services from the same party. &t may be noted that in the case of unregistered association all members or persons thereof must have a common interest. ,hey must file a compliant .ointly or through any one of them. !omplainant when not a consumer *+ $here the complainant has admitted that he had not paid anything either to the agent or the &ndian oil corporation while registering for *20 connection. #eld that by merely registering he will not be a consumer. $here the complainant gave a the!ha for construction of his house- on a plot of land to the opposite party who did not construct the same as per agreement. #eld that the complainant was not a consumer- hence could not validly file complaint before the forum. A tax payer is not a consumer. 1. Complaint :- According to ). 2 718 K complaint means allegation in writing made by a complainant that 1. an unfair trade practice or a restrictive trade practice has been adopted by the trader 2. the goods bought by him or agreed to be brought by him suffer from one or more defects. . the service hired or availed of or agreed to be hired or availed of by him- suffer from deficiency in any respect. ". a trader has charged for the goods mentioned in the complaint a price in e1cess of the price fi1ed by or under any law for the time being in force or displayed on the goods or any pac!age containing such goods %. 0oods which will be ha<ardous to life and safety when used are being obtained for sale to the public in contravention of the provisions of any law for the time being in force $hen complaints are entertainable :- Complaint against the insurance company :- where the insurers have not applied their mind in considering the claim- there is deficiency to this e1tent in service for which the complainant would be entitled to compensation. $here the insurance company delayed in settling claim on lame e1cuses- the insured is entitled to compensation for business loss caused by such delay.

$here the allegations in the complaint precisely relate to the re.ection of the complainant;s claim on un.ustifiablefrivolous and malicious grounds- whereas the admitted facts are that the complainant;s tin bo1 containing cut and polished stones was insured by the opposite party to cover the ris! of theft and pilferage during transitF however- the complaint lodged by the complainant to settle the claim arising out of the policy of insurance on the allegations of pilferage has been re.ected by the opposite party. #eld that the opposite party was bound to settle the claim in terms of the insurance policy. When complaints are not entertainable *+ 1.Compliant filed on behalf of unspecified number of persons 2.$hen no deficiency in service of opposite party is made out . $hen there is no fi1ation of price under any law ".$hen issues can be more conveniently decided by the civil court %.,otal repudiation of liability by insurer '.$here civil suit us filed for similar reliefs =.)impliciter sale of goods :.$hen the matter is sub.udice /..ervice *- &t means service of any description which is made available to potential users and includes he provision s of facilities in connections with ban!ing- financing transport- proceeding- supply of electrical or other energy - board or loading or both housing- construction - entertainment - amusement or the purveying of news or other information but does not include the rendering of any service free of charge or under a contract of personal service. &t covers railway service- educational service- activities of housing board. $hat is not included in service :- Advocate;s service- when service suffers from deficiency - deficiency in airlines service- deficiency in service of a ban!- deficiency in medical professional;s service- deficiency in service of local authority or government- 4eficiency in insurance company;s service- deficiency in services of a teacher- ban!guarantee in s service. Deficiency *+ &t means any fault- imperfection - shortcoming or inade6uacy in the 6uality- nature and manner of performance which is re6uired to be maintained by or under any law for the time being in force or has been underta!en to be performed by a person in pursuance of a contract or otherwise in relation to any services. What amounts to deficiency :- 1. when the consignment did not reach its destination and was misplaced or lost in transit - it would amount to deficiency in service. 1. when a transport company failed to lawfully discharge its obligations under the contract of carriage- the complainant must have been put to very serious pre.udice and loss in relation to his business. 2.,here was a receipt dated >%.>1.19:: showing the payment to the press trust of &ndia which shoed that the complainant was a hirer of services of the opposite party. #eld that even though there was no written agreement between the parties the opposite party was regularly supplying the news items to the complainant. 1. $here the precise complaint of the complainant was that there was overcharging the passenger fare than the published and in the process. &t was alleged to be grossly unfair to the traveling public. 2. (or the delay in handling over possession after two years from the date the initial deposit made by the potential consumer of housing boat or a builder. #eld that in this case the date in relation to the above statement would be >.11.9" thought the estimated date of completion was >.>'.:". . where the pac!age was entrusted to the opposite party on behalf of the complainant by hr mother and if the pac!age had not been delivered to the addressee. ". where the complainant purchased a television set of os!ar brand- its guarantee period e1pired on 1=.> .91- the complaint was lodged on 1=.> .9> within the validity of the guarantee period. %. in claim for damages against an insurance company- it was contended by the insurance company that the damage was caused in an accident. '. any person who obtains an insurance policy from an insurance company is a potential user of the service of the company on payment of premium therefore. 0.!onsumer dispute *+ Consumer dispute means where a person against whom a complaint has been made denies or disputes the allegations contained in the complaint. E1ample / 1.$here the complainant purchased a .eep in an auction which was stated to be diesel- where as it was petrol engine and its engine number did not tally with the number of engine given in the registration boo!. &t amounted to sale of defective goods and raised a consumer dispute. 2.A food processor machine purchased by the complainant was re6uired to be repaired several times during warrant period- it could be said having inherent defects and a consumer dispute was validly raised. $hat & not a consumer dispute :-

1.$here the grievance of the complainant pertains to alleged failure on the part of the state ban! of &ndia and u.p. state financial corporation to grant financial assitance to the complainant for nursing and rehabilitating a sic! industrial unit of his. 2.where the relationship between the company and the ban! was that of a pledger and the pledgee and there was hypothecation of the goods. .A dispute regarding pricing of a flat by housing board society or a builder is not a consumer dispute. ".where the case could not be brought under the category of deficiency in service and the complainant had filed his complaint for recovery of the amount alleging breach of the contract by the opposite parties which was disputed by the opposite parties. 1.Trader *+ ,rader in relation to any goods means a person who sells or distribute any goods for sale and includes the manufacture thereof- and where such goods are sold or distributed in pac!age form- includes pac!er thereof. Who is trader :- it is a person who sells or distributes any goods for sale is a trader and includes the manufacturer thereof. A person who sells the goods is a trader and it includes manufacturer. A dealer is not responsible for any manufacturing defect. $here the manufacturer had given the warranty to the purchaser in the usual form which was for a period of one year. ,he liability of replacing of the picture tube for which there was not .ustification- the manufacturer is liable to replace the color tube of t.v. Cnfair Trade 7ractice :- +nfair trade practice means a trade practice which- for the purpose of promoting the saleuse or supply of any goods or for the provisions of any service adopts any unfair method or unfair or deceptive practice including any on the following 1.,he practices of ma!ing any statement- whether orally or in writing or by visible representation which 7i8 falsely represents that the goods are of particular standards 7ii8 falsely represents that the services are of a particular standard 7iii8 falsely represents any re-built second hand reconditioned or old goods as new goods 7iv8 represents that the goods or services have sponsorship - approval- performance- characteristics- accessories- uses or benefits which such goods or services do not have 7v8represents that the seller or the supplier has a sponsorship an approval or affiliation which such seller or supplier does not have 7vi8 ma!e a false or misleading representation concerning the need for - or the usefulness of - any goods or services 7vii8 gives to the public any warranty or guarantee of the performance - efficacy or length of life of a product or of any goods that is not based on an ade6uate or proper test thereof. 2rovided that where a defence is raised to the effect that such warranty or guarantee is based on ade6uate or proper test the burden of proof of such defence shall lie on the person raising such defence. a8 materially misleads the public concerning the price at which a product or li!e products or goods or services have been or are ordinarily sold or provided and for this purpose a representation as to price shall be deemed to refer to the price at which the product or goods a services have been sold by sellers or provided by suppliers generally in the relevant mar!et. b8 0ives false or misleading facts charging the goods services or trade of another person. 1. 2ermits the publication of any advertisement whether in any newspaper or otherwise- for the sale or supply at bargain price- of goods or service that are not intended to be offered for sale or supply at the bargain price or for a period that is and in 6ualities that are reasonable- having regard to the nature of the mar!et in which the business is carried on- the nature and si<e of business and the nature of the advertisement. 2. 2ermits :- the offering of gifts pri<es or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole. . permits the sale or supply of goods intended to be used or are of a !ind li!ely to be used by consumers !nowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance composition- contents - design ". permits the hoarding or destruction of goods or refuses to sell the goods or to ma!e them available for sale or to provide any service- if such hoarding or destruction or refusal raises. /1.Explain the constitution" procedure of functioning " aims and ob$ects of !entral and .tate consumer protection councils. Ans )ince the main ob.ect of the consumer protection act- 19:' is for the better protection of the interests of the consumer and for that purpose to ma!e provisions for the establishment of consumer councils and other authorities for the settlement of the consumers disputes and for the matter connected therewith.

Establishment of the central consumer council :- the central govt may be notification establish with effect from such date as it may specify in such notification a council to be !nown as the central consumer protection council. &t consists of 1. the minister in charge of consumer affairs- 2 such number of other official or non official members representing such interest may be prescribed 7rocedure :- 1. ,he central council shall meet as and when necessary but atleast one meeting of the council shall be held every year- 2 the central council shall meet at such time and place as the chairman may thin! fit. @b$ects *+ 1.right to be protected against mar!eting of goods and services which are ha<ardous to life and property. 2.the right to be informed about the 6uality- 6uantity- potency- purity standard and price of goods and services as the case may be .the right to be assured wherever possible access to a variety of goods and services ".the right to be heard and to be assured that consumer interest will receive due consideration at appropriate forums %.the right to see! redressal against unfair trade practice or restrictive trade practices. .tate consumer protection councils :- ,he state govt may be notification establish with effect from such date as it may specify in such notification a council to be !nown as the consumer protection council &t consists of 1. the minister in charge of consumer affairs in the state govt who shall be its chairman2 such number of other official or non-official members representing such interests as may be prescribed by the state govt. 7rocedure of function :- the state council shall meet as and when necessary but not less than two meetings to be held every year. @b$ects :- the ob.ects of these councils shall be to promote and protect within state the rights of the consumers. //.What is the ob$ects of the establishment of consumer disputes redressal agencies. Explain the provisions relating to the constitution and different $urisdictions of district forum. Is it entitled to decide a dispute relating to a mater already pending before a civil court. Ans. 3b.ects of the establishment of consumer disputes redressal agencies :- ,he ob.ect of consumer protection act is to create a three tier consumer disputes redressal agencies for the purpose of speedy and ine1pensive grievance redressal of a consumer by way of an alternative machinery thus to abstain from the ordinary process of the civil court where the litigation is li!ely to cause delay and heavy cost upon a consumer.

7rocedure +,he act provides for selection and composition of selection committee for appointment of president- member of the district forum. 2resident and two members must be made by the state government only on recommendation of the duly constituted selection committee under the act.
,he selection committee shall consists of 1.Chairman 2.member- secretary- law department of the state .member :secretary of the department of consumer affairs in the state District 'orum *- Every member of the 4ist. (orum shall hold office for a term of % years or up to the age of '% years- whichever is earlier. Durisdiction :- 1. pecuniary .urisdiction 2 territorial .urisdiction ,he complaint can also be instituted to the district forum within the local limits of whose .urisdiction the Ecause of action; wholly or in part arises. 3n the basis of the several decisions given in the various cases by national commission it can be said that the district forum has no .urisdiction to hear cases already pending before civil courts. /(.a Explain the manner of filing complaint before district forum. Who can file a complaint. Whether a complaint can be filed by an advocate. Explain referring to a $udgement. Ans &t provides that who are the persons competent to institute complaint before consumer redressal forums and also which complaint against who a complaint can be filed. ,herefore a complaint relating to any goods sold or delivered or agreed to be sold or delivered or any service hired or agreed may be filed with a district forum :- 1.a person who is a consumer 2. any recogni<ed consumer association .one or more consumer having common interest " the central or the state government A registered consumer association can validly lodge complaint against mil! diary against price increase and stoppage of supply of one type of mil!. /(b. Describe briefly the procedure adopted by a district forum on receipt of a complaint. Ans. &t relates to the goods of two !inds :- 1.the goods in which defect can be determined without proper analysis 2.the goods in which defect cannot be determined without proper analysis by the appropriate laboratory

7rocedure 6718refer a copy of the complaint to the opposite party giving him > days time or period not e1ceeding
1% days as may be granted by the forum 728 where the opposite party on receipt of a complaint referred to him denies or disputes the allegations contained in the complaint or omits or fails to ta!e any action to represent his case within the time.7 8 where the complaint alleges a defect in the goods -which cannot be determined without proper analysis or test of goods- the dist. (orum shall obtain a sample of the goods from the complainant- seal it and authenticate it in the manner prescribed 7"8before any sample of the goods is referred to any appropriate laboratory - the dist. (orum may re6uire the complainant to deposit to the credit of the forum such fees as may be specified.7%8 the dist. (orum shall remit the amount deposited to its credit to enable it to carry out analysis or test mentioned on the receipt of the report from the appropriate laboratory.7'8the dist. (orum shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory. ,he dist. (orum shall- if the complaint received by relates to goods in respect of which the procedure cannot be followed- or if the complaint relates to any services --1.refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of days 2. where the opposite party on receipt of a copy of the complaint - referred to him denies or dispute the allegations contained in the complaint or omits or fails to ta!e any action to represent no proceedings complying with the procedure laid down in the law shall be called in 6uestion in any court on the ground that the principles of natural .ustice have not been complied with 1.(or the purposes of this section the dist. (orum shall have the same powers as are vested in a civil court under the code of civil procedure while trying a suit in respect of the following -7i8 the summoning and enforcing the attendance of any defendant or witness and e1amining the witness as evidence 7ii8 the discovery and production of any document or other material ob.ect7iii8 the reception of evidence on affidavits 7iv8 the re6uisitioning of the report of the concerned analysis 7v8 issuing of any commission for the e1amination of any witness 7vi8 any other matter which may be prescribed. 2. Every proceedings before the district forum shall be deemed to be .udicial proceedings. .where the complainant is a consumer /- :a; Explain the provisions relating to appeals against the orders of the district forum. !an the state commission may entertain an appeal ever after the expiry of the statutory period of (< days. Ans. )ection 1% provides that any person aggrieved by an order made by the district forum may prefer an appeal against such order to the state commission within a period of > days from the date of the order- in such form and manner as prescribed. &t also provides that right of appeal before the state commission by any person aggrieved by order made by the dist. (orum within a period of > days from the date of the order passed by the dist- forum in prescribed manner 1.>o appeal lies lies against an interlocutory order :- $here an appeal was filed against an order of the district forum passed on the point of limitation- it was held that no appeal can be filed against an interlocutory order 2.limitation on appeals :- date of communication of order is the date wherefrom limitation starts where one of the contentions raised by the respondent in opposition to the appeal was that the memorandum of appeal was not filed within > days of passing of the order

/-b. What relief can be granted by the district forum in a complaint. Whether the district forum pass an order granting interest and costs. When compensation is payable.
Ans. What relief can be granted by district forum :- after the proceedings has ta!en place uJs 1 of the consumer protection act before the district forum and on the basis of the evidence the district forum is satisfied that the goods complained suffer from any of the defects mentioned specifically in the complaint or any of the allegations contained in the complaint about the services are proved. According to section 1"718 the district forum may provide relief to a consumer by one or more of the following ways 1. the opposite party may be directed to remove the defects pointed out by the appropriate laboratory 2.replacement of goods of similar description . return of sum paid by the complainant ".award compensation to the consumer for any loss due to negligence of the other party %.removal of the defects or deficiency in the services in 6uestion '.ma!e order to discontinue the unfair trade practice =.withdrawal of ha<ardous goods from being offered for sale :.impose prohibition on sale of the goods which is ha<ardous 9.may award ade6uate cost to the parties When compensation is payable *+ 1.suspension of water supply 2.telephone delay in shifting .telephone bills delay condonation ".accident of bus fatal in.uries %.allotment of shares / delay compensation against li6uidated damages

/0. Explain the constitution and $urisdiction of the state commission. !an state commission transfer the cases from one district forum to another district forum.
Ans. !omposition of .tate !ommission *+ 1.2resident 2 ,wo members :- 3ne member shall be a woman who shall be persons of integrity- ability and having ade6uate e1pertised !nowledge and e1perience and also proved capacity in dealing with problems. )election committee consists of 1. Chairman 2 5embers

Appointment of the president of the state commission :- According to ). 1' the president of the state commission to be appointed after consultation with the chief .ustice of the high court which is similar to provision of the const. of &ndia.
.ecurity of Tenure *+ ,he legislature with the ob.ect to achieve fairness and in.ect sense of security of tenure in members provided that every members of the state commission will remain in office for a definite term of % years or upto the age of '= yrs whichever is earlier. 2urisdiction of the state commission *+ 18 2ecuniary 28 appellate 8 territorial "8revisional /1. Where an appeal can be filed against the orders of the state commission. Whether any limitation has been prescribed for filing appeals. !an the >ational !ommission entertain an appeal after the expiry of (< days. Ans Appeals against the order of the state commission *+ Any person aggrieved by an order made by the state commission in the e1ercise of its powers conferred - an appeal against such order to the national commission within a period of thirty > days from the date of the order in such form and manner as may be prescribed . ?ight of appeal to any person who is an aggrieved by an order made by the state commission to prefer an appeal to the national commission within a period of > days from the date of the order. *imitation :- > 4ays Can the appeal be entertain after a period of > days :- *imitation of period provided that under this section may be e1empted if the national commission is satisfied that there was sufficient cause for not filing an appeal within that period. ,hus- an appeal can be entertained by the national commission against the order made by the state commission ever after the e1piry of period of > days from the date of the order passed by the state commission. /3. Explain the provisions relating to composition of national commission and its various $urisdictions. Ans. &t provides the composition of the national commission - however certain changes have been inserted. +nder this section the national commission will be constituted on the recommendations made by duly constituted )election Committee namely 18 Chairman 28 2resident @ow after the amendment act 199 in respect of appointment of the president which provides that no appointment shall be made e1cept after consultation with the chief .ustice of &ndia. (our members :- Among four members one of the member shall be woman. 2urisdiction of the >ational !ommission *+ ,he @ational Commission has the following three !inds of .urisdiction / 1 2ecuniary Durisdiction 2 ,erritorial ?evisional 2urisdiction of the national commission in case a matter is sub $udice *+ ,he national commission has no vested .urisdiction to entertain the same sub.ect matter of the complaint appeal which is already pending before any competent civil court of land. &t is settled principle of law. /8. What are the powers and procedure available to the national commission for the disposal of any complaints or proceedings. Also state the additional powers of the national commission. Ans. 2owers and procedure applicable to the national commission :- According to ). 22 the national commission will have powers of a civil court as specified in the disposal of any complaints or any proceedings before the commission as it has been provided. >ational !ommission has power of a civil court :- 3n receipt of a complaint the national commission will follow the same procedure as followed by a civil court- as ). 22 of the act provides for the powers and procedure applicable to the national Commission. ). 22 provides that the national commission will have same powers as specified under the Act. ,hey have the powers while trying a suit in respect of the matters regarding :-18)ummoning or enforcing attendance of any defendant. 28 Compelling production of evidence- any document either material ob.ect. 8 to receive evidence on affidavits "8 power to order for carrying out test %8power to issue commission on case of e1aminations of any witness re6uired. 7rocedure to be followed by the >ational !ommission :- ,he rules framed by the Central 0ovt. lays down the procedure to be followed by the national Commission as follows :-

1 A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the national commission 2 ,he national commission shall in disposal of any complaint before it- as far as possiblefollow the procedure laid down in the act on the date of the hearing or any other date to which hearing could be ad.ourned it shall be obligatory on the parties or their agents to appear before the national commission. " ,he national commission may on such terns as it deems fit and at any stage of the proceedings ad.ourn the hearing of the complaint but the complaint shall be decided as far as possible within a period of three months from the date of notice received by opposite party % if after the proceedings conducted under sub-rule the national commission is satisfied with the allegations contained in the complaint it shall issue orders tot the opposite party or parties as the case may be directing him or them to ta!e one or more of the things. Additional powers of the national commission *+ 1. ,he national commission - the state commission and the district forum shall have the power to re6uire any person 7i8 to produce before and allow to be e1amined and !ept by an officer o the national commission the state commission or the district forum as the case may be specified in this behalf such boo!s- accounts- docs or commodities in the custody or under the control of the person so re6uired as may be specified. 7ii8,o furnish to an officer so specifiedsuch information as may be re6uired for the purpose of this act. 2.a where during any proceedings under this act- the national commission the state commission or the district forum as the case may be has any ground to believe that any boo!- paper- commodity or document which may be re6uired to be produced in such proceedings are being or may be destroyed- mutilated- altered or secreted it may by written order authori<e any officer to e1ercise the power of entry and search of any premises. .,he national commission - the state commission or the district forum as the case may be on e1amination of such sei<ed docs or commodities as the case may be may order the retention thereof or may return it to the party concerned. /9. !an the appeal be filed against the order of national commission. If yes" when and where. Ans. $hen - any person who is aggrieved by an order made by the national commission in the e1ercise of its powers conferred by the act may prefer an appeal against such order to the )upreme Court within a period of > days from the date of the said order. 7eriod of 4imitation for filing appeals :- ). 2 provides that any person aggrieved by an order made by the national commission may prefer an appeal before the supreme court within the period of > days from the date of the order. 7ower of .upreme !ourt to ear Appeals / ). 2 provides that the supreme court may entertain an appeal after the e1piry of the said period of > days if it is satisfied that there was sufficient cause for not filing it within that period. (<. What provision is made for imposing penalties against a trader or person or complainant who fails or omits to comply with order made by redressal agencies. Examine the constitutionality of the same. Ans. ). 2= of the act ma!es provision for imposing the penalties against a trader or person or complainant who fails or omits to comply with order made by the redressal agencies. ,hey have the powers to punish with imprisonment for a term which shall not less than one month but may e1tend to three years or with fine which shall not be less than two thousand rupees but which may e1tend to ten thousand rupees or with both. ,he non compliance of the order would attract the provisions contained under this section :1.Execution / @ew party has a right to please defence of natural .ustice :- where an application for anticipatory bail was filed before the high court against orders uJs 2= passed by a district forum. 2.Constitutionality of section 2= and 2% of the consumer protection act- 19:' :- &t was held in a case that penal provisions in sec. 2= can be applied to the directors of the companies notwithstanding the absence of a specific provision for action against those in charge of or in control of the affairs of the company.