Beruflich Dokumente
Kultur Dokumente
IN THE MATTER OF
SUNITA VERMANI
..COMPLAINANT
V.
SUNDER LAL
..RESPONDENT
AMANPREET KAUR,
CLASS- B.A.LL.B. 9TH SEMESTER
ROLL NO- 13/11
SECTION- A
-MEMORANDUM FOR THE COMPLAINANT-Page 1
TABLE OF CONTENTS
1. Index of Authorities...3-4
Statutory Compilations
Books
Dictionaries
Websites
Table of Cases
2. List of Abbreviations...5-6
3. Statement of Jurisdiction.......................7
4. Statement of Facts..8
5. Statement of Issues..9
6. Summary of Arguments....10
7. Body of Pleadings.....12-18
8. Prayer for Relief...19
INDEX OF AUTHORITIES
STATUTORY COMPILATIONS
1. The Consumer Protection Act, 1986
2. The Sale of Goods Act, 1930
BOOKS
1. Avtar Singh, Principles of the Law of Sale of Goods and Higher Purchase, Eastem Book
Company, Lucknow (2012)
2. Azmi S.S.H., Sale of Goods and Consumer Protection in India, Deep and Deep Publications,
Delhi (2007).
3. Brian W. Harvy, The Law of Consumer Protection and FairTrading, Butterwonhs, London
(2009)
4. Avtar Singh, Law of Consumer Protection: Principles and Practice, Eastern Book Company,
Lucknow (2008).
5. Barowalia J .N., Commentary on the Consumer Protection Act, 1986, Universal Law
Publishing C0. Ltd., Delhi (2008).
DICTIONARIES
1. Bryan A. Garner, Blacks Law Dictionary (8th ed. 2001)
2. Oxford English Dictionary, (2nd ed. 2009)
3. Websters New International Dictionary (1926)
WEBSITES
1. www.manupatra.com
2. www.judis.nic.in
3. www.supremecourtcaselaw.com
4. www.spamlaws.com/
5. www.indiankanoon.org/
TABLE OF CASES
CITATION
F.A.No.553/2010
RP No. 1328 OF 2003
RP No 393 of 1997
FA No. 1546/2007
LIST OF ABBREVIATIONS
Para
FIR
AIR
IT
Information Technology
Cr.P.C.
IPC
Honble
Honorable
T.V.
Television
etc
et cetera
i.e.
r/w
read with
S.
Section
LJ
Law Journal
Re.
Reference
US
United States
LIC
No.
Number
Ors.
Others
Cri.
Criminal
p.
Page
u/s
under section
w.e.f
PC
Privy Council
FC
Federal Court
RP
Revision Petition
SC
Supreme Court
SCC
v.
Versus
Vol.
Volume
Pat.
Patna
LL.B.
Legum Baccalaureus
STATEMENT OF JURISDICTION
The instant complaint is being filed by the complainant who is a consumer, for the enforcement
of her Consumer Rights, which have been violated allegedly. The complaint is filed under the
Consumer Protection Act, 1986.
Section- 11. Jurisdiction of the District Forum.1. Subject to the other provisions of this Act, the District Forum shall have jurisdiction to
entertain complaints where the value of the goods or services and the compensation, if any,
claimed does not exceed rupees twenty lakhs.
2. A complaint shall be instituted in a District Forum within the local limits of whose
jurisdiction,a) the opposite party or each of the opposite parties, where there are more than one, at the time of
the institution of the complaint, actually and voluntarily resides or carries on business or has a
branch office or personally works for gain, or
b) any of the opposite parties, where there are more than one, at the time of the institution of the
complaint, actually and voluntarily resides or carries on business or has a branch office, or
personally works for gain, provided that in such case either the permission of the district Forum
is given, or the opposite parties who do not reside, or carry on business or have a branch office,or
personally work for gain, as the case may be, acquiesce in such institution; or
c) the cause of action, wholly or in part, arises.
It is humbly submits that the Honorable Forum has the complete jurisdiction to adjudicate over
the present matter.
STATEMENT OF FACTS
1. Sunita Vermani purchased ten saris on sale for her wedding from Bengal Sari house,
Chandigarh.
2. Sunita got the blouses pieces attached to the saris separated and got them stitched from the
same sari house.
3. After her wedding, when she wanted to wear the sari, she found that sari was not of standard
length and could not be worn properly.
4. The label on the sari mentioned that the sari was of 5.5 m, but the actual length of the sari was
4.85 m and then she measured all the saris and all the saris were not of the length mentioned on
the label.
5. Sunita took the saris to the Sari house and asked the shopkeeper to replace the saris or refund
the money.
6. The shopkeeper Sunder Lal refused it on the ground that the saris have been purchased on sale
and the bill clearly mentioned that no return or exchange would be made of items purchased on
sale.
7. The shopkeeper also refused to entertain her complaint saying that saris are no longer in their
original state as the blouse pieces have been separated from them.
8. Sunita Vermani filed this case before this District Consumer Forum.
STATEMENT OF ISSUES
-MEMORANDUM FOR THE COMPLAINANT-Page 8
SUMMARY OF ARGUMENT
The complainant is a consumer under Section-2 (d) of the Consumer Protection Act, 1986
and the saris purchased are not for any commercial; purposes.
The complainant has filed the complaint because the saris suffered from defects.
The complaint is filed within the period of limitation, i.e., 2 years.
The saris are defective and the respondent is liable for unfair trade practice as they are not
of the length mentioned on the label.
Section-16 provides for the implied condition as to the quality of the goods.
There have been many frauds done to the consumers by the opposite parties by limiting
their liability by providing receipts which claims that No Exchange No Return.
The Consumer Courts held in various cases that such disclaimer shall not be binding on
the complainant.
The saris which were purchased by the complainant were not of standard length. The
blouse pieces were separated by the complainant and got stitched by the same Sari house
prior to the discovery of the defect.
If the complainant found the defect earlier then she would have not purchased the saris.
The complainant believes the description of length on the label to be true and act in
accordance.
The Consumer Protection Act, 1986 has nowhere provided that the complainant cannot
take the redress in the Consumer Forum if the goods are no longer in their original state.
BODY OF PLEADINGS
(iii) 9 [the services hired or availed of or agreed to be hired or availed of by him] suffer from
deficiency in any respect;
10
[(iv) a trader or the service provider, as the case may be, has charged for the goods or for the
services mentioned in the complaint, a price in excess of the price
(a) fixed by or under any law for the time being in force;
(b) displayed on the goods or any package containing such goods;
(c) displayed on the price list exhibited by him by or under any law for the time being in force;
(d) agreed between the parties;]
11
[(v) goods which will be hazardous to life and safety when used are being offered for sale to
the public,
(a) in contravention of any standards relating to safety of such goods as required to be complied
with, by or under any law for the time being in force;
(b) if the trader could have known with due diligence that the goods so offered are unsafe to the
public;] 5. Subs. by Act 50 of 1993, sec. 2, for sub-clause (i) (w.r.e.f. 18-6-1993 ).
[(vi) services which are hazardous or likely to be hazardous to life and safety of the public
when used, are being offered by the service provider which such person could have known with
due diligence to be injurious to life and safety;]
12
13
(1) The District Forum, the State Commission or the National Commission shall not admit a
complaint unless it is filed within two years from the date on which the cause of action has
arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after
the period specified in sub-section (1), if the complainant satisfies the District Forum, the State
Commission or the National Commission, as the case may be, that he had sufficient cause for not
filing the complaint within such period: Provided that no such complaint shall be entertained
9 Subs. by Act 50 of 1993, sec. 2, for "the services mentioned in the complaint" (w.r.e.f. 18-6-1993 ).
12 Sub-clause (vi) along with sub-clauses (iv) and (v) subs. for clauses (iv) and (v) by Act 62 of 2002, sec. 2
(w.e.f. 15-3-2003 ).
unless the National Commission, the State Commission or the District Forum, as the case may
be, records its reasons for condoning such delay.]
The complaint has been filed within the period of limitation.
In the present case, the complainant is making two allegation :
1. Unfair trade practice by providing saris of short length then what was prescribed on the label.
2. The goods purchased by the complainant suffer from defect which is of short length.
which,
(i) falsely represents that the goods are of a particular standard, quality, quantity, grade,
composition, style or model.
There has been defect in the goods provided by the respondent and by mentioning wrong
measurement of the saris on the label the respondent has done unfair trade practice.
The Sale of Goods Act, 1930 provides such conditions and warranties in sale, the breach of such
would render the contract void or gives rise to claim for damages.
Section-12. Condition and warranty.
(1) A stipulation in a contract of sale with reference to goods which are the subject thereof may
be a condition or a warranty.
(2) A condition is a stipulation essential to the main purpose of the contract, the breach of which
gives rise to a right to treat the contract as repudiated.
(3) A warranty is a stipulation collateral to the main purpose of the contract, the breach of which
gives rise to a claim for damages but not to a right to reject the goods and treat the contract as
repudiated.
(4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case
on the construction of the contract. A stipulation may be a condition, though called a warranty in
the contract.
Although the parties have used no express words that would create a stipulation of a condition or
a warranty, the law annexes to sale of goods contracts many conditions, breach of which may be
treated by the buyer as avoiding the contract or giving a right to damages. These are called
implied conditions and are enforced on the grounds that the law infers from all circumstances of
the case that the parties intended to add such a stipulation to their contract but did not put it in
express words.
Section-16- Implied conditions as to quality or fitness. Subject to the provisions of this Act
and of any other law for the time being in force, there is no implied warranty or condition as to
the quality or fitness for any particular purpose of goods supplied under a contract of sale, except
as follows:
(1) Where the buyer, expressly or by implication, makes known to the seller the particular
purpose for which the goods are required, so as to show that the buyer relies on the sellers skill
or judgment, and the goods are of a description which it is in the course of the sellers business to
supply (whether he is the manufacturer or producer or not), there is an implied condition that the
goods shall be reasonably fit for such purpose: Provided that, in the case of a contract for the sale
of a specified article under its patent or other trade name, there is no implied condition as to its
fitness for any particular purpose.
(2) Where goods are bought by description from a seller who deals in goods of that description
(whether he is the manufacturer or producer or not), there is an implied condition that the goods
shall be of merchantable quality: Provided that, if the buyer has examined the goods, there shall
be no implied condition as regards defects which such examination ought to have revealed.
In Karan Pal Singh, vs Rajiv Automobiles 14, the scooter purchased was defective and the average
mileage which was assured was also turned out to be false. The State Consumer Disputes
Redressal Commission, Delhi held the respondent liable and ordered for compensation of
Rs.15000. It was held that the article supplied ought to have been reasonably fit for a specific
purpose ,and sellers liability in such cases where he knows the purpose to supply goods that are
reasonably fit, is an absolute one. It was held that the case fell within the purview of section 16
(1) and 16(2).
In Kumar Rishabh vs Hot Spot15, the complainant purchased the mobile phone from the opposite
party and the mobile phone has malfunctioning in the point of charge since the initial stage. The
opposite party did not remove the defect of the mobile phone. The State Commission, Delhi held
the opposite party liable for Rs.30,000 and Rs. 5000 as costs.
The complainant is aggrieved by the false description on the label of the saris about the length
which is breach of the implied condition. The Sale of Goods Act, 1930 provides for this breach.
Section-15. Sale by description.Where there is a contract for the sale of goods by description,
there is an implied condition that the goods shall correspond with the description; and, if the sale
is by sample as well as by description, it is not sufficient that the bulk of the goods correspond
with the sample if the goods do not also correspond with the description.
The saris were not of the length that was mentioned on the description on it. It resulted in breach
of implied condition, due to which the complainant has suffered the loss. The complainant has
filed this case for claiming replacement of the saris.
59. Remedy for breach of warranty.
(1) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to
treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not
by reason only of such breach of warranty entitled to reject the goods; but he may
(a) set up against the seller the breach of warranty in diminution or extinction of the price; or
14 Complaint Case No.523/2004
15 FA No. 637/2011
-MEMORANDUM FOR THE COMPLAINANT-Page 16
In case of The Blue Dart Express Limited vs Stephen Livera 17, the National Commission held
that conditions in small print limiting the liability of a service provider were not valid if the
customers attention was not drawn towards it and her or his signature obtained to show that the
terms had been accepted by her or him. The case pertained to the failure of a courier to deliver an
application form for admission to a medical college sent by a student. The apex court pointed out
that the conditions printed on the couriers receipt limiting the liability of the courier in case of
non-delivery was in extremely small print. Secondly, there was no signature to show that the
customers attention had been drawn to the conditions and he had accepted them.
18 FA No. 1546/2007
19 F.A.No.553/2010
-MEMORANDUM FOR THE COMPLAINANT-Page 18
Wherefore, in the light of the issues raised, arguments advanced and authorities cited, it is
humbly prayed before this Honble Court to adjudge and declare:
(i)That the defect in the saris has caused damage to the complainant
(ii)
That in the light of the judgments cited, the complainant should be given replaced
saris and compensation for the mental agony.
And any other favorable relief which this Honble Court may be pleased to grant in the interest
of justice, equity and good conscience.
And for this act of kindness, Your Lordships Complainant shall as duty bound ever pray.