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march 2000

Supreme Court of India · 2000-03-28

PATEL ROADWAYS LTD vs BIRLA YAMAHA LTD

Citation / case number
SC 1996/76918
Court
Supreme Court of India
Petitioner
PATEL ROADWAYS LTD
Respondent
BIRLA YAMAHA LTD
Author
D.P.MOHAPATRO
Bench
D.P.MOHAPATRO

Judgment text excerpt

The Supreme Court determined that Section 9 of the Carriers Act, 1865 is applicable in proceedings under the Consumer Protection Act, 1986, establishing that a carrier is liable for loss of goods unless they can prove the loss was due to circumstances beyond their control. The Court upheld the National Consumers Disputes Redressal Commission's decision that the appellant was deficient in service for failing to deliver the goods, affirming the compensation awarded to the respondent. The ruling clarifies that under Section 9, the burden of proof regarding negligence does not rest on the complainant.

PATEL ROADWAYS LTD vs BIRLA YAMAHA LTD · Niyam