Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872 Consumer Protection Act Contract Act 1986 — Agent’s liability — Applicability of s.230 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Consumer Protection Act, 1986 — Agent’s liability — Applicability of s.230, Contract Act, 1872 — Defence to agents u/ s.230, Contract Act (Agents not personally bound by contracts on behalf of principal) in cases under Consumer Protection Act — Appellants entrusted consignment to R-1 (the Agent of R-3) who handed it over to R-4 (the export carrier) for delivery to R-2 (the Bank) — R-3 was the actual buyer (subsidiary of one Coronet Group Ine.) which had to first make payment to R-2 and only then the goods were to be released in its favour ~ However, instead of R-2 it was R-3 which directly received the delivery of consignments without moking any payment either to R-2 or the appellants — Appellants on. non-receipt of payment filed complaint seeking compensation, before NCDRC, alleging change in name of consignee by R-1, from R-2 to R-3, as a result of which the consignment was delivered directly to R-3 instead of R-2 - NCDRC by impugned order held only R-3 liable to pay compensation — Held: R-1 was simply acting as an agent of Coronet Group Inc. with whom the appellants entered into contract, as such, in view of defence u/s. 230 of Contract Act, 1872 it cannot be held personally liable to enforce the contract between its principal and the appellants ~ It is only R-3 (subsidiary of Coronet Group Ine.) which was liable, as it received the delivery without depositing price of the goods with R-2 — No infirmity in the impugned order — Consumer Laws — Contract Act, 1872. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 600 |
Petitioner | Virender Khullar |
Respondent | American Consolidation Services Ltd. & Ors. |
SCR | [2016] 4 S.C.R. 504 |
Judgement Date | 2016-08-16 |
Case Number | 4861 |
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