Supreme Court · 2000 INSC 181 · Decided 31 March 2000

M/S. Economic Transport Organisation ETC. v. Dharwad DISTT. Khadi Gramudyog Sangh ETC.

Court
Supreme Court of India
Citation
2000 INSC 181 · [2000] 2 S.C.R. 888
Case number
SPECIAL LEAVE PETITION (CIVIL) No. 1318/1999
Decided
31 March 2000
Bench
M. JAGANNADHA RAO, M.B. SHAH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act Section 114; NI Act Section 118

Headnote

Consumers Protection Act, 1986 : Section 4( 1 )( d). Consumer Fora-Case before-Applicability of section 9 of the Carriers Act, 1865. Carriers Act, 1865 : Section 9. Common carrier-Negligence of-Loss suffered on account of-Com­ . plaint before Consumer Forum-Burden of proof-Held section 9 of Consumer Fora-Section 9 incorporates D principle of Common Law relating to burden of proof-Section 14(1)(d) of Consumers Protection Act has to be interpreted in that light-Complainant before a Consumer Forum has to discharge initial burden-But onus to prove absence of negligence is on the common

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