have control over packaging. The
carrier can know about the defective packaging only in cases where the defect
is apparent.
12. That
services ... alleged loss of the goods, if any, is due
to the defective packaging done by the consignor. The OP was aware of the nature
photographs, were
damaged because of defective packing.
10. Now, when the goods were
damaged because of defective packaging, as
admitted by the Managing Director ... damaged
because of the perils of transportation, but
because of defective and improper packaging.
11. The photographs, which were sent
on the very
books during transit were not due to transport but due to defective
packaging. The Complainant has not received survey reports in
respect of other ... damage may have occurred
because of loading of the books when the packaging was warm. It
is also not in dispute that the consignments were
installation,
the machine was not performing well, due to manufacturing defect. The alleged manufacturing defect, and non-functioning
of the machine, as alleged ... case may be.
7. Sec.2(1)(f) defines the defect. If the defects alleged or complained, is not
feasible and it requires investigation
complainants were sub-
First Appeal No 256 of 2022 10
standard/defective, the petitioner could have sent the sample for
testing to the laboratory, which ... parties
that they sold these package of seeds of number of farmers but
nobody had complained against genetic defects, is not sustainable
in the eyes
insured from OPs for an
IDV of Rs.8,10,000/- vide package policy No.50177858 for the period ... vide
package policy for the period w.e.f. 29.01.2017 to 28.01.2018. Due to
some defect in the vehicle on 29.07.2017 and the driver parked
Rule 2 (e) of the Legal Metrology (Packaged Commodities) Rules, 2011 and thereby responsible for defect and/or deficiency as defined under Section
defect and
"trader", respectively described in Sec.2(1) (f) and
(q) of the Consumer Protection Act, 1986 reads as under :-
(f)defect ... goods are sold or
distributed in package form, includes the packer thereof;"
(Underlining provided)
(12) Therefore, any defect in goods,
as in the instance
prescribed on of the bottle or packaged product. If
such pleas are allowed than every case of defective goods or bottled product
shall get covered
allegedly defective seeds analyzed from
any laboratory and, therefore, it could not be said that
failure of peas crop was due to alleged defectiveness ... defective.
Respondent No.2, however, did not deny having sold
the seeds to the appellant. Respondent No.2 also
admitted that seeds were produced/packaged
