Pawan Hans Helicopter Ltd. Vs AES Aerospace Ltd. (22 April 2008)
On 16th June, 1999, Pawan Hans had made a contract with AES aerospace ltd for the sale of 19 Westland Helicopters and spares and accessories, to be lifted in not more than two consignments. The deal was agreed upon for a sum of £9,00,000 to paid in two parts. The first consignment of 6 helicopters was shipped and the first part payment of 4,50,000 was made to Pawan Hans Ltd.
When the second consignment of 13 helicopters was due, AES went into liquidation and that is when the problem arose. Fly Jac Forwarders Ltd. (FJF) was the authorized transporter in this case and Sagar Warehousing Corporation (SVC) was responsible for the warehousing needs.
Judgement: The learned Single Judge…show more content… It seeks to protect and promote the interest of consumers against any type of defects or deficiencies in goods or services. The act also seeks to protect the rights of a consumer against trade practices, which may be unfair and unrightfully by certain manufacturers and traders.
To provide relief to both the parties a setup of consumer forum is enacted which discourages long litigation. Consumer forum officials solve the problems between the two parties and make them reach a compromise where both the parties are satisfied, this process is called “informal jurisdiction”.
Features of the Consumer Protection Act,…show more content… In India there is no codification of law of torts but a modified version of law of torts of UK suitable for Indian context is used.
In simple terms, a tort is a wrongdoing by one entity against another. The entity, which has suffered the damage, may take action against the opposite entity.
The entity that has suffered the damage is called the plaintiff whereas the party, which has inflicted the damage, becomes the defendant.
For example, if while walking in a departmental store you slip on the wet floor, you become the plaintiff whereas the store owner becomes the defendant.
You can press civil charges against the store owner to compensate for the pain and sufferings, medical bills expenses that you incurred out of your own pocket.
Tort is a breach of duty which causes a civil wrongdoing but for which remedies are available. If there are no remedies then it is not a tort.
Elements in a tort for a successful claim:
1. Defendant should have carried out his duty without negligence or his behaviour should have been in a certain way.
2. Plaintiff must be able to prove that the plaintiff showed negligence while carrying out his