Here are some important case laws related to consumer protection in India.
Indian Medical Association v. V.P. Shantha (1995):
This landmark case established the concept of medical negligence and medical practitioners’ liability in India. The court held that a patient has the right to receive medical treatment with due care and diligence and that medical practitioners can be held liable for deficiency in service.
Cadbury India Ltd. v. The Food Safety and Standards Authority of India (2014):
This case highlights the importance of food safety and consumer protection in India. The court held that food manufacturers have a duty to ensure the safety and quality of their products and that the Food Safety and Standards Authority of India has the power to regulate and enforce food safety standards.
Laxmi Engineering Works v. P.S.G. Industrial Institute (1995):
This case established the concept of strict liability in product liability cases in India. The court held that manufacturers are liable for any harm caused by defective products, regardless of whether or not they were negligent.
Maruti Udyog Ltd. v. Ram Lal (2005):
This case highlights the importance of consumer rights and protection against unfair trade practices in India. The court held that manufacturers and dealers have a duty to provide accurate and complete information about the products they sell and that consumers have the right to receive products that are free from defects and fit for their intended purpose.
Ambrish Kumar Shukla v. Ferrous Infrastructure Pvt. Ltd. (2017):
This case highlights the importance of timely and effective redressal of consumer grievances in India. The court held that consumers have the right to seek compensation and damages for deficiency in service and that consumer forums have the power to award compensation and impose penalties on service providers who violate consumer rights.
Donoghue v. Stevenson (1932):
This is a landmark case in the United Kingdom that established the concept of “duty of care” in tort law. The court held that manufacturers owe a duty of care to consumers who use their products and that they can be held liable for any harm caused by defective products.
Henningsen v. Bloomfield Motors, Inc. (1960):
This case established the concept of “implied warranty of merchantability” in the United States. The court held that manufacturers have an implied warranty of merchantability, which means that products must be of reasonable quality and fit for their intended purpose.
Ford Motor Company v. Commissioner of State Revenue (Victoria) (1986):
This case highlights the importance of consumer protection laws in Australia. The court held that manufacturers are liable for any harm caused by defective products, regardless of whether or not they were negligent.
Escola v. Coca Cola Bottling Co. of Fresno (1944):
This case is important in the United States because it established the concept of “strict liability” in product liability cases. The court held that manufacturers can be held strictly liable for any harm caused by defective products, regardless of whether or not they were negligent.
Consumer Education and Research Centre v. Union of India (1995):
This is a landmark case in India that established the rights of consumers to information and protection against unfair trade practices. The court held that consumers have the right to receive accurate and complete information about products and services and that they are entitled to protection against unfair and deceptive trade practices.
Har Shankar & Ors v. The Deputy Excise and Taxation Commissioner & Ors (1975):
This case is important because it established the principle that businesses have a duty to provide safe and reliable services to consumers, and that they can be held liable for any harm caused by their services.
Municipal Corporation of Delhi v. Subhagwanti (1966):
In this case, the court held that public authorities, such as municipal corporations, can be held liable for damages resulting from their negligence or inaction in providing basic services to citizens.
Indian Railways v. Upadhaya (1967):
This case highlights the importance of providing adequate compensation to consumers who have suffered injury or loss as a result of negligence or deficiency in service by service providers.
Bhagwandas v. Girdharilal Parshottamdas & Co (1966):
This case is important because it established the principle that businesses have a duty to provide accurate and complete information about their products and services, and that they can be held liable for any harm caused by misleading or false advertising.
Ramalinga Nadar v. Narayanaswami Nadar (1918):
This case is one of the earliest cases in India that dealt with consumer protection issues. The court held that a seller has a duty to disclose any material defects in the goods being sold, and that failure to do so constitutes fraud.
These case laws are important precedents in the field of consumer protection in India and have helped shape the legal framework for protecting consumer rights and interests.
