Consignment at Owners' Risk - Legal Position

The term "at owner's risk" appears in every goods receipt or consignment note issued by the transporters to whom the goods are entrusted by traders, manufacturers or businessmen for delivery to their dealers or customers. 

Does this term completely exonerate the transport company from its liability if the goods so consigned are not delivered, late delivered or delivered in a damaged condition? 

Transporters say so and invariably advance this plea if any action is taken against them. Courts too have struggled hard to reconcile the situation and even the Supreme Court had to go into this baffling question on several occasions.

1. Rungta Brothers case : 

National Consumer Disputes Redressal Commission ordered at 2003 CTJ 480 (CP) in the matter of Vijay Goods Transport Company v. Rungta Brothers, and held the transporter liable to make good the loss.

2. In the case of Nath Brothers v. Best Roadways Limited, 2000 CTJ 335(SC)(CP), the Supreme Court held the liability of a carrier to whom the goods are entrusted for carriage is that of an insurer and is absolute in terms which means the carrier has to deliver the goods safely, undamaged and without loss at the destination. The court also observed that "the expression, 'owner risk', does not exempt a carrier from his own negligence or the negligence of his servants or agents."

3. Patel Roadways v. Birla Yamaha Ltd. 2000 CTJ 241 (SC) (CP)

4. Transport Corporation of India v. Oriental Insurance Co. Ltd judgment dated October 13, 2011

5. In Associated Road Carriers Ltd. v. Tridoss Laboratories Ltd. (F.A. No. 125 of 1999) the NC on November 2, 2011 observed "the carrier cannot disown the liability by saying he did not cause the loss". 

From the above legal position, it is manifest that while certainly the consignors would be advised to insure the precious goods transported through the transporters, the mere fact that the goods receipt mentions that the goods were dispatched at "owner's risk" should not by itself deter the consignors in claiming compensation from the transporters.

Source: https://www.indiatoday.in/business/india/story/goods-carriers-cant-disown-their-liability-92084-2012-02-06

New Consumer Protection Bill 2019

For the first time in 32 years, the Ministry of Consumer Affairs and Food Distribution introduces a bill in Lok Sabha to replace the Consumer Protection Act, 1986.

Now Online retailers, celebrities can't fool the Consumers.
Source: #BrandEquity

A three-decade-old law is being changed to give more powers to the consumer. The Lok Sabha has passed the Consumer Protection Bill 2018 which will now go to the Rajya Sabha. The new law will replace the archaic Consumer Protection Act 1986.

The new law will revolutionise consumer rights in India by investing consumers and agencies with a lot more power than they currently have.

Below are the highlights from the Bill:

1. The Bill proposes an executive agency, the Central Consumer Protection Authority. The agency can intervene whenever it feels necessary to protect consumers from unfair trade practices. It can also launch class action against a company, besides ordering recall or refund of products. The agency is designed on the lines of highly effective US Federal Trade Commission. 

2. The Bill introduces a new concept of class action, which means the liability of manufacturers and service providers will not be limited to one or a group of consumers but towards all consumers. All affected consumers become beneficiaries in a class action suit. 

3. The manufacturer, producer and even the seller will be liable for any personal injury, death or damage resulting from defects in manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labelling of any product. 

4. The Bill proposes to remove the current structures for adjudicating consumer disputes at the district, state and national levels. It will only make them more powerful.

5. Consumer mediation cells will be attached to consumer commissions at all levels for resolution of disputes so that the commissions do not get bogged down in too many cases.

6. The Bill takes into account e-commerce too. Currently, a consumer can initiate legal action against a seller only at the place where transaction has taken place. In the new law, a consumers can file a complaint electronically or in the consumer court at his place of residence. This new law will simplify consumer disputes adjudication process for faster disposal of grievances through filing of complaints by a consumer from his place of residence, e-filing and video conferencing for hearing. 

The Bill introduces an additional consent layer requiring online marketplaces to add a tab on their platforms seeking express consent from customers at the time of checkout to be able to access and use their information.
E-commerce firms would have to disclose their business details and seller agreements, apart from also disclosing how they use consumer data. The Bill deems e-commerce platforms as service providers instead of only intermediaries, thus increasing their liability. 

7. The Bill also holds endorsers of products liable in addition to manufacturers. “Any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of the consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend up to 10 lakh rupees,” the Bill says. Offences may lead to a jail term of 10 years and a fine of up to Rs 50 lakh. For celebrities involved in misleading advertisements, there will be penalties but no jail term. 

8. The Bill also addresses ‘composite supply’ or bundling of services, wherein platforms that offer travel services and bundle services such as hotel stays and airline tickets will also have to take liability for all the services. 

9. To discourage frivolous complaints, the Bill proposes a penalty from Rs 10,000 to Rs 50,000. 

Also see:
1. https://indiacorplaw.in/2018/12/consumer-protection-bill-2018-paradigm-shift.html?utm_source=dlvr.it&utm_medium=twitter

2. Changes In Consumer Protection Bill 2018 That You Should Know https://www.goodreturns.in/classroom/2018/12/changes-consumer-protection-bill-2018-that-you-should-know-805846.html?utm_source=article

3. https://www.inreportcard.in/news-list-detail.aspx?opedid=1547

We, The People. ... saw 400 deaths everyday in 2015 Road Accidents!

An official report, released by Union Road Transport and Highways Minister Nitin Gadkari on Thursday, said 1.46 lakh people were killed in road accidents in India in 2015 — an increase of five per cent from 2014.

Road accidents, as a whole, rose 2.5 per cent during 2015 to 5.01 lakh or 374 accidents every day, claiming 400 lives, the report said.

Majority (54.1 per cent) of those killed in 2015 were in the age group of 15-34. Thirteen States, including Tamil Nadu, Maharashtra, Madhya Pradesh, Karnataka, Kerala and Uttar Pradesh, accounted for the highest number of accidents. Among cities, while Mumbai had the highest number of accidents (23,468), Delhi saw the most number of such deaths (1,622).

Also, drivers’ fault was responsible for 77.1 per cent of the accidents, deaths and injuries, mainly because of overspeeding, the report noted.

So many were not killed even in wars, epidemic and militancy,” Mr. Gadkari said.

Source: http://m.thehindu.com/news/national/146-lakh-lives-lost-on-indian-roads-last-year/article8710699.ece

A Cyclists encounter with the Railway Police at Bangalore - The Logical Indian

From the #Facebook page #LogicalIndian:

#MyStory

“I have read of inhumane incidents happening in many parts of the country. But you won’t totally believe unless you encounter one. Now onward I can totally believe them.

I frequently travel to China for my official trips. One thing I always adored by Chinese people is their use of electrical or foldable bicycle which they carry with them in the subway.

This time, after coming to India I desperately started looking for such bicycle if available in India. At last, I found one BTWIN HOPTOWN bicycle at Decathlon. I immediately bought and started using it. Once I was carrying it with me on the train between the route KR PURAM to Bangalore Cantonment. I am proud of the fact that I am not the one contributing to the pollution in Bangalore.

On 9/2/2016, while exiting from Bangalore Cantonment railway station one ticket checking officer lady caught me and started demanding fine for carrying a bicycle with me. I tried to convince her, once folded it is not a bicycle at all, it weights hardly 14 kg and it is very much portable. But she insisted on asking for 6 times the fare of travel. I asked her for the railway rules regarding this and the receipt of the bill. She took my pass and made me wait for another 30 minutes and later came with an excuse that she doesn’t know the luggage rules. I was getting late and told her 6 times my fare of travel is 60 rupees and that she can have 100 rupees and let me go. But she demanded 300 rupees.

I told her even if it is 1000 rupees I will pay but I need the receipt. She presented the same excuse that she doesn’t know the luggage rules. At last, I lost my patience and started to call her corrupt. After which she slapped me, pushed me and called her police constable colleague to take me to the jail for misbehavior. He took me to the jail and started beating me. His other colleagues joined him, they undressed me and started beating me with hand, leg and sticks 5 people at a time. I was sure that I was going to die that day and only my body will be found next day. I begged them in all the possible way I can. At last, after an hour, one guy listened to my plea and asked me to pay 5000 rupees. He asked me to call any of my friends to come with 5000 rupees and then can take me back.

I called my manager Harish Haswani who came with two mutual colleagues of ours. All three had to plea to the railway police for more than an hour on my behalf as Railway police have threatened them that they will file a case against me of misbehaving with a lady officer and that I have tried to press her breast. I was very much shocked to see to what level character of a woman can fall. After too much of plea and the bribe from my colleagues they released me. The lady officer fined me 190Rs stating my bicycle weight is 40kg although it is 14kg only. Also, she fined me for ticket-less traveling though I was having the monthly pass. Also, the receipt she issued is of date 8/02/16 and not 9/02/16 on which date I travelled and the incident took place. We all were too much afraid and didn’t dare to ask her for the mistake in the receipt. All of our focus was just to save my life and get me out of there.

I am undergoing the treatment. My left hand is fractured. My friend Sarfaraz is taking care of me. I am determined never to travel by train in Bangalore again. My fold-able  BTWIN bicycle will never get used again. But at the same time, I have lost all the focus at my work. Fortunately, my mobile has done the voice recording of the entire incident. My mobile recording along CCTV camera recording at railway is enough to prove if I have done remotely any kind of misbehavior with the lady. I am determined to teach a lesson to these corrupt officials even if it cost me my life. I have written letters to all higher police authorities as well as human rights commission seeking action in this regards. They will respond but very unfortunatly as per indian goverment office time.”

And Comments thereon:


@drmsbc has replied to tweets on this issue saying that Railway police is state police and doesn’t come under railways.

https://twitter.com/drmsbc/status/698662569536417793

I will delete this post in some time since my suggestion is perhaps no longer relevant.

In the meanwhile, if you have any suggestions regarding how to approach this issue then let me know.

My original post:
-----------
The Logical Indian, could you please tweet this to @RailMinIndia
They are very prompt and they will take appropriate action.

Edit:
The summary of tweets made for this issue:
My tweet to @RailMinIndia:
https://twitter.com/amithbag/status/698599458020261888

Sidhharth (@siddhu_2011):
https://twitter.com/RailMinIndia/status/698595124578615296
(@RailMinIndia has replied to Siddharth’s tweet)

Avinash Surendran (@ashwin296):
https://twitter.com/ashwin296/status/698605652466405376

cibi s (@cibiindhu):
https://twitter.com/cibiindhu/status/698627271477870592

It looks like @drmsbc has replied to the tweets of Sidhharth, Avinash and cibi s:

“@cibiindhu @RailMinIndia @GMSWR @ashwin296 @siddhu_2011 Rly Police is state police, not under Rly. Clarification by @srdcmsbc.”
https://twitter.com/drmsbc/status/698662569536417793

So essentially it seems that they are saying that they can’t do much since Railway police is state police. Is that ticket checking lady also under Railway police and not Railway? Requesting Sidhharth, Avinash and cibi s to reply to @drmsbc and ask for clarification.
-----------

Comment #2:

Laws that were made to protect women are being used as a tool to extort money, take revenge, cry victim when a woman herself is the wrong doer and to teach a "lesson" to a man for being a man by the "empowered women". This is happening not only in metros but smallest areas around the country. While crime against Innocent and vulnerable women is happening everywhere, false accusations against innocent and vulnerable men and boys like one above is on a rise too. While there are stringent laws to take care of the former, there is little one can do in case of latter. Some time before everyone realizes the need to control this menace.

Comment #3:

#PMOIndia, Narendra Modi, Suresh Prabhu
After such incidents, do you still expect us to co-operate with the Police and have faith in these so called Law Enforcement forces in India?
Who gives them the right to even TOUCH US without any valid reason or proof? Are these people seriously the ones responsible for OUR SAFETY?
WE WILL NOT BE SUPPRESSED AND THIS NEEDS TO STOP. NOW.
#Shame

Comment #4:

Laws-

The Bangalore Metro Rail (Carriage and Ticket) Rules 2011 limit the weight of personal baggage to 15 kg. Rule 3 says: “No person shall, while travelling in metro railway, carry with him any goods other than a small baggage containing personal belongings not exceeding 60cm x 45cm x 25cm in size and 15kg in weight, except with the prior approval of the metro railway administration.” The rules also prohibit carrying explosive, inflammable, and poisonous substances.

The Metro Railway (Operation and Maintenance) Act, 2002, imposes fines and in some cases jail sentences for offences committed on the metro. Anyone indulging in sabotaging the train or maliciously hurting or attempting to hurt other passengers while travelling in the metro can face imprisonment up to 10 years. Pasting posters or drawing graffiti on the walls of stations or trains is punishable by a fine of ₹1,000 or imprisonment for up to 6 months. Travelling in an inebriated state or creating nuisance in the train is punishable by a ₹500 fine. Passengers are monitored at security checkpoints and those that are causing trouble, heavily drunk, or carrying forbidden items are not permitted to board. Spitting on the metro premises is punishable by a fine of ₹100.

Comment #5:

I hope you are innocent fight back and get back to work and train travel with your bicycle this time with any rule copy. If you are innocent nothing should stop you should fight back even if you dont have enough evidence . Expose them to society and put them to shame .believe your friends and family know your nature have confidence. We are all with you.

Reproduced here for Academic information.

Source : #Facebook #TheLogicalIndian

Burberry faces U.S. lawsuit accusing it of deceptive price tags

British luxury fashion brand Burberry is to face a class action lawsuit in the United States, claiming it used misleading price tags at its outlets stores to fool shoppers into believing they were getting big bargains.

The company, which specifically manufactures some of the products for its outlet stores, is accused of intentionally presenting false price information on products that have never been sold in its retail stores to mislead customers.

Outlet stores typically sell excess or old stock at a discount, although some retailers also manufacture goods specifically for them.

The lawsuit in the latest in a long line of cases accusing luxury retailers of marking up goods sold in outlet stores with made-up manufacturer prices.

Last year, U.S. retailer Michael Kors had agreed to pay $4.88 million and change its sales practices to settle a similar class action lawsuit after it was accused of creating an "illusion" of deep discounts.

(Reporting by Li-mei Hoang)

Source - http://mobile.reuters.com/article/idUSKCN0VL0NT