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Question: With reference to the provisions of the Consumer Protection Act, 1986, decide the following giving reasons in support of your answer.
i. Sohn sent all relevant documents in an envelope regarding consignment of goods to a buyer in the USA through Fast Service Couriers. The documents did not reach the buyer as a consequence of which the buyer could not take delivery of the goods. By the time the duplicate copies of the document had received by the buyer, the season of the goods was over. He claimed that he had suffered a loss of US $5,000 as a result of the negligence of the courier. The State Commission ordered the payment to be made by the Fast Service Couriers, but the National Commission in appeal reversed the order and ordered payment of US $100 only as per the receipt issued by the Fast.
Service Courier to the consignor at the time of the dispatch of the latter. Advise Sohan.
ii. Mahesh purchased a machine from Astute Ltd. to operate it himself for earning his liver hood. He took the assistance of a person to assist him in operating the machine. The machine developed fault during the warranty period. He filed a claim in the consumer forum against the company for deficiency in service. Astute Ltd. alleged that Mahesh did not operate the machine himself but had appointed a person exclusively to operate the machine. Will Mahesh succeed?
iii. Pillai purchased a car by taking a loan from Kerala cooperative Bank Ltd. and gave post-dated cheques to the bank not only in respect of repayment of loan instalments but also of premium of insurance policy for two succeeding years. On the expiry of the policy, Pillai’s car met with an accident. Will Pillai succeed in getting a claim against the Bank?
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