Supreme Court · 2021 INSC 622 · Decided 6 October 2021

SGS India LTD. v. Dolphin International LTD.

Court
Supreme Court of India
Citation
2021 INSC 622 · [2021] 8 S.C.R. 695
Case number
CIVIL APPEAL No. 5759/2009
Decided
6 October 2021
Bench
HEMANT GUPTA, V. RAMASUBRAMANIAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Consumer Protection Act

Headnote

695 695 SGS INDIA LTD. v. DOLPHIN INTERNATIONAL LTD. (Civil Appeal No. 5759 of 2009) OCTOBER 06, 2021 [HEMANT GUPTA AND V. RAMASUBRAMANIAN, JJ] Consumer Protection Act, 1986 - Deficiency in service - Onus of proof - Complainant engaged the appellant, a testing, inspection and was w.r.t the size/count of Java peanuts and content of Aflatoxin being more than what was specified, respectively - Commission found the appellant to be deficient in service - On appeal, held: Initial burden of proof of deficiency in service was on the complainant -

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