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1 - 3 of 3 (0.21 seconds)Consumer Protection Act, 2019
National Insurance Company Ltd vs Indira Srivastava & Ors on 12 December, 2007
It is also relevant to
mention that the District Commission has further directed to the
appellant/OP, "to provide free carry bag to all the customers with or
without advertisement on it who purchases articles with further
direction to stop unfair trade practice i.e. to charge for the carry bag".
This according to us is beyond the pleadings and relief sought by the
complainant, which is not tenable. The complainant had nowhere
pleaded for such a relief but the District Commission has given such a
direction for distribution of such freebies, without any statutory
obligations, which is economically unviable and unjust. The appellant
has also relied on the judgment of Hon'ble Apex Court in the matter
titled "National Insurance Company Limited Vs. Indira Srivastava and
Ors.", reported as (2008)2 SCC 763, wherein it has been observed
that compensation cannot be awarded as a bonanza or as a source of
profit and has to be assessed taking into consideration what would be
just and equitable, on the basis of all facts and circumstances.
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