Skip to main content

Law student wins case against courier company

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

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...