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GENERAL MOTORS (INDIA) PRIVATE LIMITED vs. ASHOK RAMNIK LAL TOLAT & ANR.

SCR Citation: [2014] 11 S.C.R. 16
Year/Volume: 2014/ Volume 11
Date of Judgment: 09 October 2014
Petitioner: GENERAL MOTORS (INDIA) PRIVATE LIMITED
Disposal Nature: Appeals Partly Allowed
Neutral Citation: 2014 INSC 695
Judgment Delivered by: Hon'ble Mr. Justice Adarsh Kumar Goel
Respondent: ASHOK RAMNIK LAL TOLAT & ANR.
Case Type: CIVIL APPEAL /8072-8073/2009
Order/Judgment: Judgment
1. Headnote

Consumer Protection Act, 1986:

s.2(1)(r) - Unfair trade practice - Complaint against appellant - Claiming refund of amount - Courts below found that the appellant had committed unfair trade practice - National Commission apart from ordering on the claim, also imposed punitive damages - Held: Finding of unfair trade practice affirmed - But order of punitive damages set aside because such claim was not made by the complainant and the appellant had no notice of such claim.

s.2(1)(r) - Unfair trade practice - Mere proof of unfair labour practice not enough for claim or award of relief unless causing of loss is established.

Complaint - Alleging unfair trade practice - Scope of - Held: Complaint can cover not only individual but also F consumers, who are not identifiable conveniently.

Interpretation of Statutes - Interpretation of Consumer Protection Act - The Act being a social legislation, liberal and purposive interpretation has to be placed on the scheme of the Act avoiding hyper-technical approach.

Damages - Punitive damages - Award of - Punitive damages are awarded against a conscious wrong unrelated to the actual loss suffered.


2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Consumer Protection Act 1986
  • Unfair trade practice
  • Section 2 (1) (r)
  • Punitive damages
5. Equivalent citation
    Citation(s) 2015 AIR 562 = 2015 (1) SCC 429 = 2015 (1) Suppl. SCC 429 = 2014 (12) JT 448 = 2014 (12) Suppl. JT 448 = 2014 (11) SCALE 721