Chanakya Sharma, (21), a student of National Law University in Lucknow, contested for a year against an errant courier company in the consumer court in Ahmedabad and won on July 1.
This case has set two precedents the court adjudged that the courier company's liability printed on its receipt, which says that in case of any loss or damage the company shall not pay more than Rs 100, is against the public policy and ordered the company to pay a compensation of Rs 7, 000. Secondly, court admitted the case in Ahmedabad, where cause of action arose rather than the prevalent norm of accepting a case at the place of contract. The place of contract in this case was Jaipur.
Sharma, a resident of Jaipur hired the services of Overnite Express Ltd in Jaipur to send his project report titled Critical thinking and legal reasoning' on a condition of dropping it in the Nirma University, Ahmedabad on March 7, 2014. However, his project reached 7 days later causing him the loss of 15 marks on his project work.
"During the seven days, I called the courier service in Jaipur and Ahmedabad for 4-5 times a day but they didn't give me the exact status of my academic papers," said Sharma, who is presently doing his internship with State Commission for Consumer Dispute Redressal, Jaipur.
Finally, he filed a case at the consumer redressal forum in Ahmedabad intending to test consumers rights enshrined in the law. He filed a token compensation of Rs 10,000 only to cover up the expenses of his litigation.
He demolished the courier company's main argument which said that Ahmedabad court do not have jurisdiction to hear this case. "Though it was Jaipur where contract was signed but it was Ahmedabad where the cause of action arose," argued by the Sharma. He also presented case laws stating that private entities cannot impose upon ordinary citizens its conditions which are opposed to the public policy.
"I truly believe that there is an urgent need of spreading awareness about consumer rights. And after the long battle of more than a year, I believe that we can create a society where even an average consumer who is away from litigation acrobatics can get justice by the judicial mechanism present in the country," said Sharma.
Article referred: http://timesofindia.indiatimes.com/City/Jaipur/Law-student-wins-case-against-courier-company/articleshow/48046925.cms
This case has set two precedents the court adjudged that the courier company's liability printed on its receipt, which says that in case of any loss or damage the company shall not pay more than Rs 100, is against the public policy and ordered the company to pay a compensation of Rs 7, 000. Secondly, court admitted the case in Ahmedabad, where cause of action arose rather than the prevalent norm of accepting a case at the place of contract. The place of contract in this case was Jaipur.
Sharma, a resident of Jaipur hired the services of Overnite Express Ltd in Jaipur to send his project report titled Critical thinking and legal reasoning' on a condition of dropping it in the Nirma University, Ahmedabad on March 7, 2014. However, his project reached 7 days later causing him the loss of 15 marks on his project work.
"During the seven days, I called the courier service in Jaipur and Ahmedabad for 4-5 times a day but they didn't give me the exact status of my academic papers," said Sharma, who is presently doing his internship with State Commission for Consumer Dispute Redressal, Jaipur.
Finally, he filed a case at the consumer redressal forum in Ahmedabad intending to test consumers rights enshrined in the law. He filed a token compensation of Rs 10,000 only to cover up the expenses of his litigation.
He demolished the courier company's main argument which said that Ahmedabad court do not have jurisdiction to hear this case. "Though it was Jaipur where contract was signed but it was Ahmedabad where the cause of action arose," argued by the Sharma. He also presented case laws stating that private entities cannot impose upon ordinary citizens its conditions which are opposed to the public policy.
"I truly believe that there is an urgent need of spreading awareness about consumer rights. And after the long battle of more than a year, I believe that we can create a society where even an average consumer who is away from litigation acrobatics can get justice by the judicial mechanism present in the country," said Sharma.
Article referred: http://timesofindia.indiatimes.com/City/Jaipur/Law-student-wins-case-against-courier-company/articleshow/48046925.cms
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