Consumer Protection Act – Onus To Prove Deficiency In Service Is On The Complainant
Case: SGS India vs. Dolphin International Ltd.
Coram: Justices Hemant Gupta and V. Ramasubramanian
Case no.: CA 5759 OF 2009
Court Observation: The onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the complainant who had approached the Commission, therefore, without any proof of deficiency, the opposite party cannot be held responsible for deficiency in service.
The onus of proof that there was a deficiency in service is on the complainant. If the complainant is able to discharge its initial onus, the burden would then shift to the respondent in the complaint. The rule of evidence before the civil proceedings is that the onus would lie on the person who would fail if no evidence is led by the other side. Therefore, the initial burden of proof of deficiency in service was on the complainant, but having failed to prove that the result of the sample retained by the appellant at the time of consignment was materially different than what was certified by the appellant, the burden of proof would not shift on the appellant. Thus, the Commission has erred in law to draw an adverse inference against the appellant.
[doc id=11104]
Previous Posts
Section 28 Contract Act – Clause Barring Payment Of Interest Not Hit: Supreme Court
Keywords: Consumer Protection Act
