LAW OF TORTS (2020) ~ By Aasim Maniyar

2 Marks Q
1) What is Malfeasance and misfeasance?
Malfeasance is intentional wrongdoing, while misfeasance is improper or negligent conduct.
2) What is wrongful act?
A wrongful act is an unjust or illegal action that causes harm or injury.
3) Explain the 'damage' and term 'damages."
'Damage' refers to harm or loss suffered, while 'damages' are the monetary compensation awarded for that
harm or loss.
4) Explain the term 'waiver".
'Waiver' is the intentional relinquishment of a right or claim.
5) Explain the term inevitable accident.
Inevitable accident refers to an unavoidable incident that occurs despite reasonable precautions.
6) What is an injunction?
An injunction is a court order prohibiting or requiring a specific action.
7) What is Contributory Negligence?
Contributory Negligence is when the plaintiff's own negligence contributes to their injury, reducing potential
damages.
8) Define the term 'Appropriate laboratory' under Consumer Protection Act 1986.
'Appropriate laboratory' under Consumer Protection Act 1986 is a facility specified by the government for
testing goods.
9) Define the term 'deficiency under Consumer Protection Act, 1985.
'Deficiency' under Consumer Protection Act, 1985 refers to any fault, imperfection, or inadequacy in quality,
nature, or manner of performance of a service.
10) Define the term manufacturer under Consumer Protection Act, 1986
'Manufacturer' under Consumer Protection Act, 1986 is someone who makes or assembles a product for sale.

5 Marks Q (Short Notes)

1)Unfair trade practice
Unfair trade practices in tort law encompass a range of deceptive, unethical, and unjust business practices
that harm competitors, consumers, or the market as a whole. These practices violate the principles of fair
competition and can result in legal consequences for the parties involved. Common examples include false
advertising, deceptive marketing, and price manipulation.
False advertising is a key facet of unfair trade practices, where businesses make false or misleading claims
about their products or services. This can deceive consumers, leading to financial losses and damage to
competitors. Deceptive marketing involves practices such as bait-and-switch, where businesses lure
customers with one offer but substitute it with a less favorable one. These tactics erode trust in the
marketplace.
Price manipulation, including predatory pricing and price fixing, is another form of unfair trade practice.
Predatory pricing involves setting prices below cost to drive competitors out of the market, creating a
monopoly. Price fixing occurs when competitors collude to control prices, limiting competition and
disadvantaging consumers.
Tort law addresses unfair trade practices through legal remedies. Victims can seek compensation for
economic losses, damage to reputation, or other harm caused by the unfair practices. Courts may issue
injunctions to prevent further deceptive actions and may impose punitive damages to deter future
misconduct.
Regulatory bodies also play a role in combating unfair trade practices. They monitor markets, investigate
complaints, and enforce laws to maintain fair competition. Antitrust laws, for example, are designed to
prevent monopolistic behavior and ensure a level playing field for businesses.
In conclusion, unfair trade practices in torts encompass a range of deceitful and unethical behaviors that
harm competitors and consumers alike. Legal remedies and regulatory oversight are essential in maintaining
a fair and competitive marketplace.

2)Libel
Libel, within the realm of tort law, constitutes a significant form of civil wrong involving written or
published defamatory statements that harm the reputation of an individual or entity. It is considered a civil
wrong, falling under the broader category of defamation, which encompasses both written (libel) and spoken
(slander) false statements.
For a statement to qualify as a libel, it must meet certain criteria. Firstly, the statement must be false and
damaging to the reputation of the person or entity it targets. Additionally, the statement must be published to
a third party, meaning it is communicated to someone other than the person making the statement and the
subject of the statement.
Proving libel typically requires demonstrating that the statement is false and has caused harm. The harm can
be in the form of damage to one's reputation, financial losses, or other tangible impacts. In many
jurisdictions, public figures face a higher burden of proof in libel cases, often needing to show not just falsity
and harm but also that the statement was made with "actual malice," meaning with knowledge of its falsity
or with reckless disregard for the truth.
Defenses against libel accusations include truth, privilege, and sometimes the absence of actual malice. If the
statement is true, it generally serves as a strong defense. Privilege may apply in situations where certain
communications, like those in legal or legislative contexts, are protected from defamation claims.
Libel cases often involve complex legal proceedings, and the damages awarded can vary based on the
severity of the harm caused. In the age of social media and rapid information dissemination, the potential for
libel cases has expanded, requiring individuals and media outlets to exercise caution and responsibility in
their communications to avoid legal consequences.

3)Discharge of Torts
The term “discharge of torts” refers to the termination or resolution of a tortious claim or legal action. It
signifies that the legal liability associated with a tort has been extinguished or ended. When a tort is
discharged, the party who committed the wrongful act is no longer held legally responsible for their actions
and the injured party loses the right to seek further remedies or damages for the tort.
There are seven methods through which torts can be discharged and, in these instances, no remedy can be
sought for the tortious act. The following are the modes of discharge of torts:
1) Death of the parties: The death of either the person who committed the tort or the person against whom
the tort was committed results in the discharge of the tort.
2)Accord and satisfaction: Parties come to an agreement and settle the dispute by accepting consideration
in lieu of the right of action.
3)Release: The injured party voluntarily gives up the right to pursue legal action against the wrongdoer.
4)Judgment: The tort is discharged through a court’s decision on the matter, and no further remedy for the
same act of tort can be claimed.
5)Law of limitation: The tort is dismissed or barred due to the expiration of the prescribed time limit for
filing a case.
6)Waiver: The injured party selects one available remedy when multiple options exist, and is prevented
from pursuing alternative remedies.
7)Acquiesce: The tort is discharged due to the plaintiff’s own inaction or failure to enforce their rights
within a reasonable time.
These methods serve as ways to discharge torts and terminate the liability of the wrongdoer in tort law.

4)Damnum sine injuria

Damnum sine injuria, a Latin term in tort law, translates to "damage without injury." It represents a legal
concept where a plaintiff experiences harm or loss without any corresponding legal injury, meaning that the
defendant's actions, though causing damage, are not considered legally wrongful. In other words, not every
harm suffered equates to a legal wrong.
This doctrine is rooted in the idea that some losses or inconveniences are inevitable in the normal course of
life and business. The law does not redress every harm suffered, especially if it results from lawful actions or
circumstances beyond anyone's control. For an act to be actionable in tort, it must not only cause damage but
also involve a violation of a legal right recognized by the law.
For instance, if a person sets up a competing business that causes financial loss to an existing business, it
may be deemed damnum sine injuria if the competition is fair and within legal boundaries. The damage, in
this case, is an incidental consequence of lawful business activities.
However, it's essential to note that the application of damnum sine injuria can vary based on jurisdiction and
the specific facts of each case. Courts may consider factors such as social utility, reasonableness, and the
balance of competing interests in determining whether the damage suffered should be legally remedied.
In conclusion, damnum sine injuria underscores the principle that not every harm or loss suffered warrants
legal intervention. It highlights the importance of distinguishing between damages resulting from lawful
activities and those stemming from actionable wrongs, contributing to a more nuanced and equitable
application of tort law.
5)Assault and battery
Assault and battery are two distinct but often related concepts within tort law, encompassing intentional torts
against a person. While they are frequently used together, it's important to understand their individual
definitions and legal implications.
Assault refers to the intentional act that causes another person to fear that they are about to suffer physical
harm. The key elements of assault include the apprehension or perception of an imminent harmful or
offensive contact, creating a reasonable fear in the mind of the victim. Physical contact need not occur for an
act to be considered assault; it is the fear of impending harm that defines this tort.
On the other hand, battery involves the intentional and unlawful physical contact with another person.
Unlike assault, battery requires the actual touching or contact, and this contact must be offensive or harmful.
It is important to note that consent can serve as a defense to a battery claim. If a person willingly agrees to
the physical contact, it may negate the unlawfulness of the act.
In some jurisdictions, assault and battery are merged into a single offense, while in others, they are treated as
separate but closely related torts. Both assault and battery require intent, meaning that the person committing
the act must have intended to cause apprehension or engage in physical contact.
Legal consequences for assault and battery can include both civil and criminal liabilities. In a civil context,
the victim may seek damages for the harm suffered, such as medical expenses or emotional distress.
Criminal charges may also be pursued by the state, leading to penalties such as fines or imprisonment for the
offender.
In summary, assault and battery are intentional torts involving the creation of fear of harm (assault) or actual
physical contact (battery). Understanding these distinctions is crucial in legal contexts, where the
consequences can range from compensatory damages to criminal penalties.
6) Central Consumer Protection Council
The Central Consumer Protection Council (CCPC) in India plays a crucial role in safeguarding consumer
rights and promoting fair trade practices. It operates under the framework of the Consumer Protection Act,
which underwent significant amendments in 2019 to enhance consumer protection.
The Central Consumer Protection Council is a high-level advisory body chaired by the Minister of
Consumer Affairs, Food, and Public Distribution. Its primary objective is to formulate policies and strategies
for consumer protection, ensuring the effective implementation of laws and regulations to safeguard
consumer interests across various sectors.
One of the key functions of the CCPC is to review the functioning of the Consumer Protection Act and
suggest necessary amendments to keep the legislation aligned with emerging challenges in the market. It acts
as a forum for addressing complex issues related to consumer rights, market practices, and product safety.
The CCPC also plays a vital role in promoting consumer awareness and education. It facilitates programs
and initiatives to inform consumers about their rights and responsibilities, enabling them to make informed
choices in the marketplace. This emphasis on education contributes to the empowerment of consumers and
creates a more transparent and accountable market environment.
Additionally, the council can advise the Central Government on matters related to the promotion and
protection of consumer rights. It serves as a bridge between the government, industry, and consumers,
fostering a collaborative approach to address challenges in the consumer protection landscape.
In conclusion, the Central Consumer Protection Council serves as a crucial institution in India, overseeing
and advising on policies related to consumer protection. Its role in advocating for consumer rights, reviewing
legislation, and promoting awareness contributes to the overall goal of creating a fair and equitable
marketplace. Please verify with up-to-date sources, as institutional details may have evolved since my last
update.
6 Marks Q (Situational based Questions)
1) Raju, a student of AB school of 7th standard was locked up in school for half an hour after the
school hours for failing to do the homework in his school.
a) Who is liable in this case? Why?
b) What is remedy available to Raju? Why?
a) In this case, liability may fall on the school or its representatives, specifically the individuals responsible
for locking Raju in the school after hours. This action could be considered false imprisonment, a tort under
the law. False imprisonment occurs when someone intentionally restricts the freedom of movement of
another person without lawful justification.
The school or its representatives may be held liable because, as an educational institution, they have a duty
of care towards their students. Locking up a student after school hours for failing to do homework may be
seen as an unjustifiable and intentional act that restricts Raju's freedom without lawful authority. The
individuals responsible for this action could be held accountable for the tort of false imprisonment.
b) The remedy available to Raju in this case is seeking damages through a legal action for false
imprisonment. Damages may include compensation for any emotional distress, anxiety, or harm suffered as a
result of being locked up against his will. Raju may also seek a court order, known as an injunction, to
prevent such actions in the future.
The rationale behind this remedy is to provide compensation for the harm caused by the wrongful act and to
deter the school or its representatives from engaging in similar behavior in the future. It emphasizes the
importance of respecting individuals' freedom and personal liberty, especially in the context of educational
institutions where a duty of care is owed to students.
It's important to note that specific legal considerations may vary based on jurisdiction and the particular
circumstances of the case. Legal advice from a qualified professional would be essential for a precise
understanding of the available remedies and potential outcomes.
2) Mr. Venugopal locked his ill dog in his flat and went on vacation for 15 days. The dog died and
hence bad smell disturbed all the residents of that society. They tried to contact Mr. Venugopal but
unable to contact him. a) Who is liable? Why?
b) What is the remedy available to the residents?
a) In this case, Mr. Venugopal may be liable for the nuisance caused by the bad smell that disturbed the
residents of the society. Nuisance, in the context of tort law, refers to an unreasonable interference with the
use and enjoyment of another person's property. By leaving his ill dog locked in his flat without proper
arrangements, resulting in the dog's death and the subsequent bad smell affecting the residents, Mr.
Venugopal may be seen as causing a nuisance.
b) The remedy available to the residents could be seeking damages for the nuisance caused by the bad smell.
Damages may include compensation for any physical discomfort, emotional distress, or inconvenience
suffered due to the odor. The residents may also seek an injunction, a court order preventing Mr. Venugopal
from repeating such actions in the future. An injunction aims to stop the continuation of the nuisance and is
often sought to prevent ongoing harm.
Additionally, the residents may explore legal avenues to contact Mr. Venugopal, such as through legal
notices or contacting authorities, to address the situation and seek resolution. Legal advice from a qualified
professional in the relevant jurisdiction would be crucial to determine the best course of action and the
specific remedies available in this particular case.
3)Mr. Ajit purchased the Air tickets of Fly High Air Company form Mumbai to Bangkok and back to
Mumbai. His baggage was missing during air travel from Bangkok to Mumbai but later it was found
in damaged condition with valuables removed from it.
a) What is the remedy available to Mr. Ajit? Explain.
b) Is Fly High Air Company liable? Why?
a) The remedy available to Mr. Ajit in this case may include seeking compensation for the loss, damage, and
theft of his baggage during air travel. This situation involves elements of negligence and breach of contract.
As a passenger, Mr. Ajit has a contract with Fly High Air Company, and the airline has a duty to exercise
reasonable care and diligence in handling his baggage. The damages could cover the value of the lost or
damaged items, as well as any additional costs or inconvenience suffered.
b) Fly High Air Company may be liable for the loss, damage, and theft of Mr. Ajit's baggage. The airline
owes a duty of care to its passengers, including the safe handling and transportation of their belongings. If
the baggage was missing, found in damaged condition, and valuables were removed, it suggests a failure on
the part of the airline to fulfill its duty of care and contractual obligations.
The liability may be based on both negligence and breach of contract. Negligence arises if the airline failed
to take reasonable precautions to prevent the loss, damage, or theft of baggage. Additionally, a breach of the
contract between the airline and Mr. Ajit occurred if the agreed-upon services, including the safe carriage of
baggage, were not provided.
Mr. Ajit may be entitled to claim compensation from the airline for the damages suffered. He should
document the loss, report it to the airline as soon as possible, and keep records of any expenses incurred as a
result. Seeking legal advice or contacting relevant consumer protection authorities may be necessary to
pursue a claim and understand the specific remedies available in his jurisdiction.

12 Marks Q (Long Answers)

Q1)What are the general defenses available in an action of tort?
In the realm of tort law, various defenses exist that defendants may employ to mitigate or entirely negate
their liability for alleged wrongful acts. These defenses aim to provide a balance between the protection of
individual rights and the acknowledgment of circumstances where liability may be excused or reduced.
While specific defenses can vary across jurisdictions, several general defenses are commonly recognized in
tort actions.
1. Consent: One of the fundamental defenses is consent. If the plaintiff willingly and knowingly agrees to
the defendant's actions, this can serve as a defense against a tort claim. The rationale is that if the plaintiff
has given explicit permission, the defendant is not committing a wrongful act.
2. Contributory Negligence: Contributory negligence arises when the plaintiff's actions or negligence
contribute to the harm suffered. In jurisdictions that adhere to the contributory negligence principle, if the
plaintiff is found to be partially at fault, their damages may be reduced or eliminated altogether.
3. Comparative Negligence: Comparative negligence is a more modern approach that apportions liability
between the parties based on their respective degrees of fault. It allows recovery even if the plaintiff is
partially at fault, with the damages reduced proportionally to their level of contribution to the harm.
4. Necessity: The defense of necessity involves situations where the defendant's actions were essential to
prevent greater harm. For example, trespassing on another's property to save someone in immediate danger
may be deemed necessary, and the defendant might be excused from liability.
5. Self-Defense: Self-defense is a recognized defense when a person reasonably believes that using force is
necessary to protect themselves from imminent harm. The force used must be proportionate to the perceived
threat.
6. Defense of Others: Similar to self-defense, the defense of others allows individuals to use reasonable
force to protect someone else from harm. The key is that the defendant reasonably believed the intervention
was necessary.
7. Statutory Authority: Defendants may be protected if their actions were authorized or required by law.
This defense acknowledges that certain actions, even if they would typically be considered tortious, may be
lawful under specific statutory provisions.
8. Inevitable Accident: In cases of an inevitable accident, where an unforeseeable event causes harm
without negligence on the part of the defendant, the defendant may be excused from liability. This defense is
rooted in the principle that liability should attach only to negligent actions.
9. Act of God (Force Majeure): Acts of God, such as natural disasters or unforeseeable events beyond
human control, may serve as a defense if they are the direct cause of the harm. The defendant is typically not
held liable for damages resulting from such events.
10. Limitation Periods: In some cases, a defendant may raise the defense of the expiration of the statute of
limitations. If the plaintiff fails to initiate legal action within the prescribed time limit, their claim may be
barred.
11. Volenti Non Fit Injuria (Voluntary Assumption of Risk):
Volenti non fit injuria is a defense where the plaintiff, by voluntarily engaging in a risky activity, is deemed
to have assumed the associated risks, and thus, the defendant may not be held liable for resulting injuries.
While these defenses provide avenues for defendants to contest liability in tort actions, the specific
application and acceptance of these defenses can vary based on jurisdiction and the unique circumstances of
each case. Legal advice is crucial to navigating the complexities of tort law and understanding the viability
of particular defenses in a given situation.

Q2)Discuss the vicarious liability arising out of Master-Servant relationship.

Vicarious liability is a legal doctrine that holds one party responsible for the wrongful actions of another. In
the context of the master-servant relationship, vicarious liability establishes that employers can be held
accountable for the tortious acts of their employees while performing duties within the scope of their
employment. This principle is grounded in the idea that employers should bear the legal consequences of
their employees' actions in the course of their work-related activities.
The master-servant relationship, also known as employer-employee or principal-agent relationship, is a key
concept in understanding vicarious liability. The master, or employer, has authority and control over the
servant, or employee, and benefits from the work performed by the employee. This relationship establishes
the foundation for holding the master vicariously liable for the servant's actions.
Several key principles define the application of vicarious liability in the master-servant context:
1. Course of Employment: Vicarious liability arises when the employee is acting within the scope of their
employment. If the wrongful act occurs while the employee is carrying out tasks assigned by the employer
or engaging in activities incidental to their employment, the employer may be held vicariously liable.
2. Frolic and Detour: If the employee deviates significantly from their assigned tasks, engaging in a "frolic"
or "detour," the employer may be absolved of vicarious liability. However, this determination can be
complex and depends on factors such as the nature of the deviation and whether it remains within the general
scope of employment.
3. Independent Contractors: Vicarious liability is generally not applicable to independent contractors.
Employers are typically not held responsible for the tortious acts of individuals classified as independent
contractors because these individuals work with a higher degree of autonomy.
4. Non-Delegable Duties: In certain situations, employers may have non-delegable duties, and vicarious
liability may still apply even if the act was committed by an independent contractor. For example, if an
employer is under a duty to provide a safe working environment, they cannot escape liability by delegating
safety responsibilities to an independent contractor.
5. Employee's Intentional Torts: While vicarious liability commonly applies to negligent acts, it can also
extend to intentional torts committed by employees if these acts are closely connected to the employment.
However, intentional acts may pose more challenges in establishing liability compared to negligence.
Vicarious liability serves several important purposes. It provides an avenue for injured parties to seek
compensation from financially responsible employers rather than individual employees. It also incentivizes
employers to implement measures that prevent wrongful acts by their employees, fostering a safer and more
accountable working environment.

3)Discuss the principle of strict and absolute liability with the reference of landmark cases.
Strict and absolute liability are legal principles that deviate from the traditional fault-based approach in tort
law. These doctrines impose liability without requiring proof of the defendant's negligence or intention to
cause harm. Instead, they focus on the defendant's conduct and the inherent risks associated with certain
activities. While both principles share similarities, they have distinct characteristics, and landmark cases
have helped shape their application.
Strict Liability:
Strict liability holds a party responsible for harm caused by their activities, irrespective of fault or
negligence. The key element is that the defendant engaged in an abnormally dangerous or inherently risky
activity, and harm resulted from it. One of the landmark cases establishing the concept of strict liability is
Rylands v Fletcher (1868). In this case, the defendant constructed a reservoir on their land to store water.
Unbeknownst to them, the reservoir was located above disused mine shafts on an adjacent property. When
the reservoir burst, flooding the mine shafts and causing damage, the House of Lords ruled in favor of strict
liability. The decision established the principle that individuals who bring exceptionally dangerous elements
onto their land are strictly liable for damages, even if they exercised reasonable care.
Absolute Liability:
Absolute liability takes the idea of strict liability a step further by removing the possibility of any defenses,
including those based on reasonable care. The concept emerged in cases involving activities deemed so
hazardous that even the utmost precautions could not eliminate the risk entirely. The Indian legal system
recognizes absolute liability, notably in the case of M.C. Mehta v Union of India (1987). This case dealt with
the escape of oleum gas from a chemical plant in Bhopal, causing significant harm and casualties. The
Supreme Court of India held that the enterprise engaged in inherently dangerous activities should be held
absolutely liable, emphasizing the need for compensation regardless of fault. Absolute liability, as articulated
in this case, serves as a deterrent to industries engaged in hazardous operations.
Landmark Cases:
1. Rylands v Fletcher (1868): This case laid the foundation for the principle of strict liability. The defendant
was held strictly liable for damages caused by the escape of water from their reservoir, even though they
were not negligent. The decision highlighted the concept of bringing dangerous elements onto one's land and
the corresponding duty to prevent harm.
2. M.C. Mehta v Union of India (1987):
In the Bhopal gas tragedy case, the Supreme Court of India expanded the scope of strict liability to
absolute liability. The court emphasized that enterprises engaged in inherently dangerous activities should be
held absolutely liable for any harm caused. This decision set a precedent for imposing stringent liability on
industries involved in hazardous operations.
These landmark cases underscore the evolution of legal principles surrounding strict and absolute liability.
While strict liability focuses on abnormally dangerous activities and holds individuals accountable for
resulting harm, absolute liability goes a step further by eliminating defenses based on reasonable care. These
doctrines serve as essential tools in addressing the complex challenges associated with inherently risky
activities, promoting accountability, and ensuring that those engaging in such activities bear the full burden
of potential harms.

4) What is trespass? Discuss the trespass to the person.

Trespass, in legal terms, refers to the unlawful interference with another person's possession or use of
property. It encompasses a range of actions that involve physical intrusion onto someone else's land or
interference with their personal belongings. Trespass is a tort, a civil wrong, and can lead to legal
consequences, including compensation for damages suffered by the injured party.
Trespass to the person is a specific category of trespass that involves intentional and direct interference with
an individual's body or personal space. It is a violation of a person's right to be free from unwanted physical
contact or invasion. Trespass to the person is often divided into three distinct torts: assault, battery, and false
imprisonment.
1. Assault:
Assault, as a form of trespass to the person, occurs when one person intentionally causes another to
apprehend the immediate infliction of harmful or offensive contact. Importantly, assault does not require
actual physical contact but rather the creation of a reasonable fear or anticipation of imminent harm. For
example, if someone raises a fist in a threatening manner, putting another person in fear of being struck, it
could constitute assault.
2. Battery:
Battery, another aspect of trespass to the person, involves the intentional and unwanted physical contact
with another person. Unlike assault, battery requires the actual touching or contact. The contact can be
harmful or offensive, and it occurs without the consent of the person being touched. For instance, if someone
intentionally punches another person, the act constitutes battery.
3. False Imprisonment:
False imprisonment, the third element of trespass to the person, occurs when an individual intentionally
restricts the freedom of movement of another person without lawful justification. It involves confining
someone against their will, and this confinement can be physical or achieved through threats, intimidation,
or other means. An example of false imprisonment is wrongfully detaining someone in a room against their
wishes.
In trespass to the person cases, the intentionality of the defendant's actions is a crucial element. The
defendant must have intended to commit the act that interferes with the personal space or bodily integrity of
the plaintiff. Additionally, the plaintiff must not have consented to the actions that resulted in trespass, as
consent serves as a defense in such cases.
Legal consequences for trespass to the person can include compensatory damages for any harm or injury
suffered, as well as punitive damages in cases of egregious conduct. Moreover, injunctive relief may be
sought to prevent future trespasses or similar actions by the defendant.
Understanding the nuances of trespass to the person is essential for protecting individuals' personal rights
and bodily integrity. Courts carefully evaluate the specific circumstances of each case to determine whether
the elements of assault, battery, or false imprisonment are present. The principles of trespass to the person
contribute to the broader framework of tort law, emphasizing the importance of respecting personal
boundaries and the right to be free from unwanted physical interference.

5) Discuss in detail the three tier redressal system under the Consumer Protection Act, 1986.
The Consumer Protection Act, 1986, in India, established a three-tier redressal system to address consumer
grievances effectively and provide speedy justice. This system aims to protect the rights of consumers and
ensure fair and accessible mechanisms for seeking redressal. The three-tier structure consists of District
Consumer Disputes Redressal Forums, State Consumer Disputes Redressal Commissions, and the National
Consumer Disputes Redressal Commission.
1. District Consumer Disputes Redressal Forums (DCDRF):
The first tier of the redressal system comprises the District Consumer Disputes Redressal Forums. These
forums are established at the district level, making them easily accessible to consumers across different
regions. The DCDRF is presided over by a President, who is a qualified judicial officer, and is assisted by
two members—one representing consumers and the other representing the service providers or traders.
The jurisdiction of the DCDRF extends to cases where the value of the goods or services and the
compensation claimed does not exceed ₹20 lakh. Consumers can file complaints related to defective goods,
deficient services, unfair trade practices, or any other violation of consumer rights within the prescribed
limits. The forum is designed to provide a relatively informal and cost-effective platform for consumers to
seek redressal.
2. State Consumer Disputes Redressal Commissions (SCDRC):
The second tier of the redressal system consists of the State Consumer Disputes Redressal Commissions.
These commissions are established at the state level and have jurisdiction over appeals against the decisions
of the DCDRF within the respective states. Each SCDRC is headed by a President who is a sitting or retired
High Court judge, along with two members.
The SCDRC has the authority to entertain cases where the value of the goods or services and the
compensation claimed exceeds ₹20 lakh but does not exceed ₹1 crore. The commission provides a higher
level of adjudication and is crucial for handling complex cases and appeals arising from district forums. It
ensures a more comprehensive and authoritative resolution of consumer disputes.
3. National Consumer Disputes Redressal Commission (NCDRC):
The apex body in the three-tier redressal system is the National Consumer Disputes Redressal
Commission. The NCDRC has jurisdiction over cases involving appeals against the decisions of the State
Commissions and matters where the value of goods or services, along with compensation, exceeds ₹1 crore.
The NCDRC is headed by a sitting or retired Supreme Court judge and is supported by at least four
members, including judicial and non-judicial members.
Consumers can approach the NCDRC for appeals or grievances involving significant amounts or complex
legal issues. The commission ensures uniformity and consistency in the interpretation and application of
consumer protection laws across the country. It plays a crucial role in setting precedents and influencing
consumer protection jurisprudence.
The three-tier redressal system under the Consumer Protection Act, 1986, provides consumers with an
accessible, hierarchical mechanism to seek redressal for their grievances. The system is designed to be
consumer-friendly, with simplified procedures and affordable avenues for justice. It empowers consumers to
assert their rights and promotes fair and ethical practices among service providers and traders, thereby
contributing to a more equitable marketplace.

6) Discuss in detail the aim and object of the Consumer Protection Act.
The Consumer Protection Act, enacted in 1986 in India, was a landmark piece of legislation designed to
safeguard the rights and interests of consumers. The primary aim and object of the Consumer Protection Act
revolve around establishing a robust legal framework to protect consumers from unfair trade practices,
ensuring the availability of effective mechanisms for redressal, and promoting a fair and transparent
marketplace.
1. Protection from Unfair Trade Practices:
One of the key objectives of the Consumer Protection Act is to shield consumers from unfair trade
practices. The Act defines various unfair practices, including misleading advertisements, deceptive
packaging, false representations, and the sale of defective goods. By identifying and prohibiting such
practices, the legislation aims to create a marketplace where consumers can make informed decisions
without falling victim to fraudulent or misleading tactics employed by sellers.
2. Right to Information and Education:
The Act emphasizes the right of consumers to be informed about the quality, quantity, potency, purity, and
price of goods or services. It recognizes the significance of consumer education and awareness in
empowering individuals to make informed choices. By promoting transparency and ensuring access to
accurate information, the Act encourages a well-informed consumer base capable of making decisions in
their best interests.
3. Access to Redressal Mechanisms:
Another crucial objective of the Consumer Protection Act is to establish effective mechanisms for the
redressal of consumer grievances. The legislation provides for the creation of Consumer Disputes Redressal
Forums at the district, state, and national levels. These forums serve as quasi-judicial bodies to adjudicate
consumer disputes and provide quick and accessible remedies. The Act aims to ensure that consumers have
an expeditious and affordable means to seek redressal for grievances arising from defective goods, deficient
services, or unfair trade practices.
4. Promotion of Consumer Welfare:
The Act is rooted in the broader goal of promoting consumer welfare. It seeks to balance the interests of
consumers with those of sellers and service providers, fostering an environment where ethical business
practices thrive. By discouraging unfair practices and encouraging responsible business conduct, the
legislation contributes to the overall well-being of consumers and the development of a healthy and
competitive market.
5. Establishment of Consumer Councils:
The Consumer Protection Act envisions the establishment of Central Consumer Protection Councils and
State Consumer Protection Councils. These councils play a pivotal role in promoting and protecting the
rights of consumers at both the central and state levels. They provide a platform for dialogue between
consumers, industry stakeholders, and policymakers, facilitating the formulation of policies that enhance
consumer protection.
6. Deterrence and Legal Recourse:
The Act serves as a deterrent against unethical and exploitative business practices. By imposing penalties
and providing for legal recourse, including compensation for damages, it aims to discourage businesses from
engaging in activities that may harm consumers. This deterrent effect contributes to the creation of a fair and
responsible business environment.
In summary, the aim and object of the Consumer Protection Act are multifaceted, encompassing the
protection of consumers from unfair practices, the provision of mechanisms for redressal, the promotion of
consumer education, the establishment of consumer councils, and the overall enhancement of consumer
welfare. The Act has played a crucial role in shaping consumer rights and responsibilities, fostering a culture
of accountability and fairness in the marketplace.