Law of Tort

a) Define Tort. What are the essentials of Tort? [8] b) Is it 'Law of Tort' or
'Law of Torts'? [8]
Ans: a) Definition of Tort and Essentials:

Tort: A tort is a civil wrong that causes harm or loss to an individual, leading to legal
liability for the person who commits the wrongful act. In simpler terms, a tort is a
breach of a duty imposed by law, which results in damages that are compensable.

Essentials of Tort:

1. Wrongful Act:
• A tort arises from the commission of a wrongful act. This can be an
intentional act, a negligent act, or even a strict liability act.
2. Legal Duty:
• The defendant must owe a legal duty to the plaintiff. This duty could be
based on a statute, contract, or common law.
3. Breach of Duty:
• There must be a breach of the legal duty owed by the defendant to the
plaintiff. The breach could be through negligence, intentional
misconduct, or a failure to meet a strict liability standard.
4. Causation:
• There must be a causal connection between the defendant's breach of
duty and the harm suffered by the plaintiff. The harm should be a direct
result of the defendant's actions.
5. Damages:
• The plaintiff must have suffered actual harm or loss. Damages can be
physical, economic, or even emotional, and they are usually
compensable in monetary terms.
6. Remedies:
• The injured party must have a right to a legal remedy. This could
involve compensation for the damages suffered, an injunction to
prevent further harm, or other appropriate remedies.
7. No Violation of Statute:
• In some cases, the plaintiff must show that the defendant's actions did
not conform to a specific statute or regulation, thereby establishing
negligence per se.
8. Intent (for intentional torts):
• In intentional torts, the defendant must have intended the
consequences of their actions or should have known that those
consequences were substantially certain to occur.
In this connection, Salmond had posed the question, "Does the law of Torts consist of
fundamental general principle that it is wrongful to cause harm to other persons in
the absence of some specific ground of justification or excuse, or does it consist of a
number of specific rules prohibiting certain kind of harmful activity, and leaving all
the residue outside the sphere of legal responsibility?"

In other words, the question is:

(i) Is it the Law of Tort, i.e., Is every wrongful act, for which there is no justification or
excuse to be treated as a tort; or

(ii) Is it the Law of Torts, consisting only of a number of specific wrongs beyond which
the liability under this branch of law cannot arise.

Winfield preferred the first of these alternatives and according to him, it is the Law of
Tort. According to this theory, if I injure my neighbour, he independently of these
writs and their development has been fragmentary and piecemeal.

As a matter of fact, it is an ever growing branch of law and has constantly developed
and the area covered in its ambit is continuously increasing.

Some Definitions of Tort

Some of the important definitions, which indicate the nature of this branch of law,
are as under:

1. "Tort means a civil wrong which is not exclusively a breach of contract or breach of
trust"-S. 2(m), the Limitation Act, 1963.

2. "It is a civil wrong for which the remedy is a common law action for unliquidated
damages and which is not exclusively the breach of a contract or the breach of a
trust or other merely equitable obligation." -Salmond.

3. "Tortious Liability arises from the breach of a duty primarily fixed by the law: this
duty is towards persons generally and its breach is redressible by an action for
unliquidated damages."-Winfield.

4. "It is an infringement of a right in rem of a private individual giving a right of

compensation at the suit of the injured party."-Fraser. The basic idea which is
indicated by these definitions is-Firstly, tort is a civil wrong, and secondly, every civil
wrong is not a tort. There are other civil wrongs also, the important of which are a
breach of contract and breach of trust.
As stated above, no such scientific definition of tort has been possible which could
explain this wrong by mentioning various elements, the presence of which could be
considered to be a tort. The various definitions which have been attempted try to
follow a negative approach. They explain the nature of Tort' by either distinguishing
it from other wrongs or by mentioning some of the elements which are found in a
tort but are not there in other wrongs. When some wrongful act has been done, it
has got to be seen first whether it is civil or a criminal wrong. If the wrong is found to
be a civil one, we have to see whether it exclusively belongs to 'any other recognized
category of civil wrong like 'breach of contract' and 'breach of trust'. If we find that it
is not exclusively any of the other civil wrongs, then we can say that it is a tort.

a) Discuss the doctrine of 'Absolute Liability' with decided Case laws. [16]

Ans: Doctrine of Absolute Liability:

The doctrine of absolute liability is a legal principle that holds a party

strictly liable for certain activities or substances, irrespective of any fault or
negligence on their part. In cases involving absolute liability, the focus is
not on the defendant's intention or negligence but on the hazardous
nature of the activity or substance involved. This doctrine is often applied in
situations where there is a high risk of harm to the public or the
environment.

Decided Case Laws:

1. M.C. Mehta v. Union of India (Oleum Gas Leak Case) (1987):

• This landmark case in India involved the release of oleum gas
from a factory owned by Shriram Foods and Fertilizers
Industries. The Supreme Court of India held that the rule of
absolute liability applied. It stated that an enterprise engaged
in a hazardous or inherently dangerous activity was strictly
liable for any harm caused to the public, and it could not
escape liability by showing that it took all reasonable care.
2. Rylands v. Fletcher (1868):
• While not explicitly framed as absolute liability, this English
case established the principle of strict liability for damages
caused by an escape of a dangerous substance from the
defendant's land. The defendant had constructed a reservoir
that burst and flooded the plaintiff's mine. The court held the
 defendant strictly liable, even though there was no negligence
on their part. This case laid the foundation for the development
of absolute liability concepts.
3. Municipal Corporation of Delhi v. Subhagwanti (1966):
• In this Indian case, the doctrine of absolute liability was applied
to the storage of hazardous substances. The court held that if
an entity engaged in a hazardous activity, it was liable for any
harm caused, regardless of the precautions taken. The case
emphasized the importance of imposing strict liability to ensure
that industries took the utmost care in dealing with dangerous
substances.
4. Indian Council for Enviro-Legal Action v. Union of India (1996):
• This case involved the Bhopal Gas Tragedy, one of the world's
worst industrial disasters. The court held that the principle of
absolute liability applied, and the defendants (Union Carbide
and its officials) were held strictly liable for the release of toxic
gas. The court stressed the need for industries to ensure the
safety of the public in handling hazardous substances.

These cases illustrate the application of the doctrine of absolute liability in

different jurisdictions, emphasizing the idea that certain activities or
substances inherently carry risks, and those engaged in such activities must
bear the responsibility for any harm caused, regardless of fault or
negligence.

a) Discuss the doctrine of 'Strict Liability' with decided Case laws. [16]
Ans: Doctrine of Strict Liability:

The doctrine of strict liability is a legal principle that holds a party liable for certain
actions or activities regardless of their fault or intent. In strict liability cases, the focus
is on the nature of the activity or the condition, and the plaintiff does not need to
prove negligence or fault on the part of the defendant. Strict liability is often applied
in cases involving abnormally dangerous activities, defective products, or activities
that inherently pose a high risk of harm.

Decided Case Laws:

1. Rylands v. Fletcher (1868):

 • This English case is a foundational precedent for the doctrine of strict
liability. The defendant constructed a reservoir on his land, and water
escaped and flooded the plaintiff's mine. The court held the defendant
strictly liable, even though there was no negligence on his part. The key
principle established was that one who brings on his land and collects
and keeps there anything likely to do mischief if it escapes, must keep
it in at his peril.
2. Escola v. Coca-Cola Bottling Co. (1944):
• In this American case, a waitress was injured when a Coca-Cola bottle
exploded in her hand. The court applied the doctrine of strict liability in
the context of product liability, stating that a manufacturer is strictly
liable for injuries caused by its defective products, regardless of
whether the manufacturer was negligent.
3. Ultrahazardous Activity - Black v. Cohen (1953):
• This case involved the use of dynamite in a residential area. The court
held that the use of dynamite, being an ultrahazardous activity,
imposed strict liability on the defendant. Even though the defendant
exercised all reasonable care, the court found that engaging in such an
inherently dangerous activity made the defendant strictly liable for any
harm that resulted.
4. Greenman v. Yuba Power Products, Inc. (1963):
• This is a notable case in the development of strict liability in product
liability law. The plaintiff was injured while using a power tool
manufactured by the defendant. The court held that the manufacturer
was strictly liable for injuries caused by defects in its products,
emphasizing the need to protect consumers and shift the burden to
manufacturers to ensure product safety.
5. Summers v. Tice (1948):
• While not a strict liability case in the traditional sense, this case is often
cited in discussing strict liability concepts. It involved two hunters
shooting at a bird, and one of them injured the plaintiff. The court held
both hunters jointly and severally liable, even though it was unclear
which one caused the injury. This case illustrates the imposition of
liability without a showing of fault in situations where the plaintiff
cannot identify the specific wrongdoer.

These cases highlight the application of the doctrine of strict liability in various
contexts, including hazardous activities, defective products, and situations where the
traditional fault-based approach is deemed inadequate to protect individuals from
certain risks.
 a) What is 'Vicarious Liability'? [6] b) Discuss the Vicarious Liability of the
Master for the acts done by the Servant during the course of
employment. [10]

Ans: a) Vicarious Liability:

Definition: Vicarious liability is a legal doctrine that holds one person (or
entity) responsible for the wrongful actions of another person, even though
the person held liable did not commit the wrongful act themselves. In this
arrangement, the person held vicariously liable is often in a position of
authority or control over the wrongdoer.

Key Points:

1. No Personal Fault Required:

• Vicarious liability does not require any personal fault or
negligence on the part of the person held liable. The liability
arises from the relationship between the parties.
2. Relationship Requirement:
• The crucial element is the existence of a specific legal
relationship, such as employer-employee or principal-agent,
that allows the imposition of vicarious liability.
3. Scope of Employment:
• The wrongful act must typically occur within the scope of the
employment or agency relationship for vicarious liability to
apply.

b) Vicarious Liability of the Master for Acts of the Servant:

Doctrine in Employment Relationship:

1. Master-Servant Relationship:
• In the context of employment, the employer is often referred to
as the master, and the employee is the servant. The master-
servant relationship establishes the basis for vicarious liability.
2. Course of Employment:
• For the master to be vicariously liable, the servant's actions
must occur within the "course of employment." This refers to
activities that are authorized by the master or are so closely
 connected with the employment duties that they can be
deemed to be within the scope of employment.

Key Principles and Cases:

1. Salmond's Test:
• Salmond's test, articulated by legal scholar Sir John Salmond,
emphasizes whether the wrongful act is so connected with
what the servant is employed to do that it may be considered a
risk of the business.
2. Lister v. Hesley Hall Ltd. (2001):
• This case established that the key inquiry is whether the
wrongful act is so closely connected with the employment that
it can be considered a "seamless and continuous sequence" of
events.
3. Century Insurance v. Northern Ireland Transport Board (1942):
• In this case, the House of Lords held that the master is
vicariously liable not only for acts that he authorized but also
for acts done in the course of employment, even if they are
expressly forbidden.
4. Hudson v. Ridge Manufacturing Co. Ltd. (1957):
• The court held the employer liable for the actions of an
employee who, during the course of employment, assaulted a
fellow employee. The key was that the assault was related to a
dispute arising out of the employment.
5. Close Connection Test:
• Modern cases often apply a "close connection" or "close
proximity" test to determine whether the wrongful act occurred
within the scope of employment.

In summary, vicarious liability of the master for the acts of the servant is
rooted in the idea that employers should bear responsibility for the actions
of their employees when those actions occur within the course of
employment. The specific circumstances and the nature of the employment
relationship are crucial factors in determining vicarious liability.

a) DamnumSineInjuria. [8] b) Injuria Sine Damnum. [8] c) Volenti non-fit

injuria. [8]
Ans: a) Damnum Sine Injuria:

Definition: Damnum Sine Injuria is a Latin legal term that translates to

"damage without injury." It refers to a situation where a person suffers a
loss or damage without any legal injury or violation of a legal right. In other
words, even though there is economic loss or harm, the law does not
recognize it as a legal injury for which a remedy can be sought.

Key Points:

1. No Violation of Legal Right:

• Damnum Sine Injuria occurs when there is no infringement or
violation of a legal right, despite the existence of material loss
or damage.
2. Example:
• If a person sets up a competing business, resulting in financial
loss for another, but does so within the bounds of the law and
without any wrongful act, it may be considered Damnum Sine
Injuria.

b) Injuria Sine Damno:

Definition: Injuria Sine Damno is another Latin legal term, translating to

"injury without damage." This concept refers to a situation where there is a
violation of a legal right or injury, even if there is no actual financial loss or
damage suffered by the aggrieved party.

Key Points:

1. Violation of Legal Right:

• Injuria Sine Damno occurs when there is a wrongful act or
injury to a legal right, regardless of whether any monetary loss
or damage is incurred.
2. Example:
• If a person spreads false and damaging rumors about another,
leading to harm to their reputation, the injured party may have
a valid claim for Injuria Sine Damno, even if there is no
measurable financial loss.
c) Volenti non-fit Injuria:

Definition: Volenti non-fit injuria is a Latin phrase meaning "to one who is
willing, no wrong is done." This legal principle is based on the concept of
voluntary assumption of risk, where a person willingly exposes themselves
to a known risk, and consequently, no legal injury is considered to have
occurred if harm results.

Key Points:

1. Voluntary Assumption of Risk:

• The principle applies when a person willingly and knowingly
accepts a risk or danger associated with a certain activity or
situation.
2. No Wrongful Act:
• If someone voluntarily engages in an activity and is aware of
the risks involved, they may be deemed to have consented to
those risks, and if harm occurs, it is not considered a legal injury
for which a remedy can be sought.
3. Example:
• If a person participates in a dangerous sport and gets injured
during the normal course of the activity, they may be
considered to have consented to the inherent risks, and the
principle of volenti non-fit injuria may apply to bar any legal
claim for injury.

In summary, Damnum Sine Injuria deals with situations where there is

economic loss without a violation of legal rights, Injuria Sine Damno
involves a violation of legal rights without actual financial loss, and Volenti
non-fit Injuria pertains to the voluntary assumption of risk, absolving the
wrongdoer of liability in certain situations.

a) Tort and Crime b) Tort and Breach of contractc) False imprisonment and
Malicious Prosecution d) Assault and Battery e) Libel and Slander
Ans: a) Tort and Crime:

• Tort:
 • A tort is a civil wrong that causes harm or loss to an individual, leading
to legal liability for the person who commits the wrongful act. The
purpose of tort law is to provide compensation to the injured party.
• Crime:
• A crime is a wrongful act that is considered a public offense against the
state. Criminal cases are prosecuted by the government, and the
purpose is punishment, deterrence, and rehabilitation rather than
compensating the victim.

b) Tort and Breach of Contract:

• Tort:
• In a tort, the wrongful act involves a breach of a duty imposed by law,
leading to harm or loss to another party. The duty is often a general
duty owed to society or individuals.
• Breach of Contract:
• In a breach of contract, the wrongful act involves a violation of the
terms of a contract between parties. The duty arises from the
contractual relationship, and the primary remedy is the enforcement of
contractual obligations.

c) False Imprisonment and Malicious Prosecution:

• False Imprisonment:
• False imprisonment is a tort that involves the unlawful and intentional
restraint of an individual's freedom of movement. It occurs when
someone intentionally restricts another person's liberty without legal
justification.
• Malicious Prosecution:
• Malicious prosecution, on the other hand, is a tort that involves the
wrongful initiation of legal proceedings against an individual without
probable cause and with malice. It occurs after the person has been
falsely accused and subjected to legal proceedings.

d) Assault and Battery:

• Assault:
• Assault is a tort that involves the intentional creation of fear of
imminent harmful or offensive contact. It doesn't require actual physical
contact but involves the apprehension of harm.
• Battery:
 • Battery, on the other hand, is a tort that involves the intentional and
harmful or offensive physical contact with another person. Unlike
assault, battery requires actual physical contact.

e) Libel and Slander:

• Libel:
• Libel is a tort that involves the publication of false and defamatory
statements in written or printed form, such as in newspapers,
magazines, or online platforms.
• Slander:
• Slander, on the other hand, is a tort that involves the spoken utterance
of false and defamatory statements. Unlike libel, slander pertains to
transient forms of communication.

In summary, these pairs represent different categories within civil and criminal law,
illustrating distinctions between intentional torts, contractual breaches, specific torts
like false imprisonment and malicious prosecution, and different forms of defamation
such as libel and slander.

a) Define Defamation. [4] b) Whatarethe conditions for Defamation? [6] c)

Discuss the Defences for Defamation. [6]

Ans: a) Define Defamation:

Defamation is a legal term that refers to the communication of false

statements that harm the reputation of an individual, business, product,
group, government, religion, or nation. Defamation can take the form of
either slander (spoken defamation) or libel (written or published
defamation). The false statements must be damaging to the reputation of
the subject, lowering them in the eyes of others. Defamation laws are
designed to protect individuals from unjust harm to their reputation.

b) Conditions for Defamation:

To establish defamation, certain conditions need to be met:

1. False Statement:
• The statement in question must be false. Truth is generally a
defense against defamation claims.
2. Publication:
 • The false statement must be communicated to a third party,
meaning it is not enough for the statement to remain private
between the parties involved.
3. Harm:
• The false statement must cause harm to the reputation of the
subject. This harm could be in the form of damage to one's
personal or professional reputation.
4. Identifiability:
• The defamatory statement must be such that the subject is
identifiable. This can be direct identification or indirect, where a
reasonable person could understand who the statement refers
to.
5. Falsity:
• The statement must be false. If the statement is true, it is
generally a complete defense against defamation.
6. Unprivileged Statement:
• The statement should not be protected by privilege. Certain
statements made in the course of legal proceedings or other
privileged contexts may be protected.

c) Defenses for Defamation:

Several defenses can be raised in response to a defamation claim:

1. Truth (Justification):
• If the statement is true, it is an absolute defense against
defamation. The truth is generally considered a complete bar to
a defamation claim.
2. Privilege:
• Certain statements made in privileged contexts, such as during
judicial proceedings, legislative debates, or other protected
situations, may be immune from defamation claims.
3. Fair Comment (Opinion):
• Expressing a genuinely held opinion on matters of public
interest or on subjective matters may be a defense. However,
this defense may not apply if the statement is presented as a
false statement of fact.
4. Consent:
 •If the subject of the statement gave consent to the publication
of the allegedly defamatory statement, it may be a defense.
5. Absolute Privilege:
• In some situations, individuals are granted absolute immunity
from defamation claims. This often applies to statements made
by government officials during the course of their duties or
statements made in certain legislative or judicial proceedings.
6. Innocent Dissemination:
• If a party unknowingly disseminates defamatory material
without awareness of its defamatory nature, they may have a
defense if they can prove innocence.

It's important to note that defamation laws can vary by jurisdiction, and the
availability of defenses may be subject to local legal standards.

a) Define Nuisance. b) Distinguish between 'Public Nuisance' and 'Private

Nuisance'. c) Discuss the defences for Nuisance. [4+6+6]

Ans: a) Define Nuisance:

Nuisance in a legal context refers to a substantial and unreasonable

interference with the use and enjoyment of land or property. It involves
actions or conditions that cause inconvenience, annoyance, or harm to the
rights of others. Nuisance can be both a civil wrong (tort) and a basis for
legal action seeking remedies.

b) Distinguish between 'Public Nuisance' and 'Private Nuisance:

Public Nuisance:

• Definition: Public nuisance is an unreasonable interference with the

rights of the general public. It affects the public at large rather than
specific individuals or a particular group.
• Example: Pollution of a river that harms the water supply for an
entire community could be considered a public nuisance.

Private Nuisance:
 • Definition: Private nuisance is an unreasonable interference with the
use and enjoyment of another individual's land or property. It affects
specific individuals or a particular group rather than the general
public.
• Example: Excessive noise, unpleasant odors, or vibrations that
disturb a neighbor's peace and quiet may be considered a private
nuisance.

c) Discuss the Defences for Nuisance:

**1. Statutory Authority:

• If the activity causing the nuisance is authorized or permitted by law,

it may serve as a defense. Compliance with regulations or statutes
that allow the activity can be a strong defense against a nuisance
claim.

**2. Prescription:

• If the nuisance has existed for a long period without legal objection,
the defense of prescription may apply. In some jurisdictions,
continuous and uninterrupted use of a certain activity or condition
may make it immune to legal challenge.

**3. Coming to the Nuisance:

• If the plaintiff moved to the area knowing about the nuisance, this
may be a defense. The argument is that they voluntarily accepted the
conditions, and it would be unfair to hold the defendant liable.

**4. Contributory Negligence:

• If the plaintiff's actions contribute to the nuisance or exacerbate its

effects, the defendant may argue contributory negligence as a defense.
This implies that the plaintiff is partly responsible for the harm suffered.

**5. Act of God or Natural Causes:

• If the interference is caused by natural events or circumstances

beyond human control (Act of God), the defendant might use this as
 a defense. However, this defense may not apply if the defendant's
actions aggravated the natural conditions.

**6. Public Benefit:

• In some cases, if the activity causing the nuisance serves a significant

public benefit, it may be considered a defense. The court may weigh
the public interest against the harm caused to individuals.

These defenses can vary by jurisdiction, and their applicability may depend
on specific circumstances and legal standards in the relevant area.

a) Discuss the objectives of enactment of the Consumer Protection Act,

1986. [16]
Anas: Objectives of the Consumer Protection Act, 1986:

The Consumer Protection Act, 1986, was enacted in India to address the growing
need for consumer protection and to safeguard the rights of consumers. The
objectives of the Act are comprehensive and aim to ensure fair practices,
accountability, and the protection of consumer interests. Here are the key objectives:

1. Protection from Unfair Trade Practices:

• The Act aims to protect consumers from unfair trade practices and
misleading advertisements. It empowers consumers to seek redressal
against false or deceptive promotions.
2. Right to Information:
• One of the fundamental objectives is to ensure that consumers have
access to accurate information about goods and services, enabling
them to make informed choices.
3. Right to Choose:
• The Act seeks to protect the right of consumers to choose products
and services freely without being subjected to restrictive practices by
sellers or service providers.
4. Right to Safety:
• Ensuring the safety of consumers by holding manufacturers and service
providers accountable for producing or providing safe and quality
products and services.
5. Right to be Heard:
 • The Act provides consumers with the right to be heard in matters
affecting their interests. It establishes consumer forums to adjudicate
disputes and grievances promptly.
6. Right to Seek Redressal:
• The Act provides a mechanism for consumers to seek redressal for
grievances, including compensation for losses or injuries suffered due
to defective goods or deficient services.
7. Creation of Consumer Forums:
• One of the primary objectives is to establish consumer forums at the
district, state, and national levels for efficient and speedy resolution of
consumer disputes.
8. Consumer Education:
• Promoting consumer education to enhance awareness and
understanding of consumer rights, encouraging informed choices, and
promoting responsible consumer behavior.
9. Adequate and Effective Remedies:
• Ensuring that consumers have access to adequate and effective
remedies for the resolution of disputes, including compensation for
losses and damages suffered.
10. Prohibition of Unfair Trade Practices:
• The Act prohibits various unfair trade practices such as hoarding, black-
marketing, and false representation. It aims to eliminate practices that
could harm consumers' interests.
11. Product Liability:
• Holding manufacturers and service providers accountable for defective
products or deficient services, ensuring that consumers are not harmed
due to substandard or unsafe goods and services.
12. Class Action Lawsuits:
• The Act provides for the filing of class action lawsuits, allowing
consumers with similar grievances to come together and seek redressal
collectively.
13. Speedy Redressal:
• The Act emphasizes the need for speedy resolution of consumer
disputes, ensuring that consumers do not face prolonged legal
processes to seek justice.

Overall, the Consumer Protection Act, 1986, was enacted to empower consumers,
promote fair trade practices, and provide effective mechanisms for the redressal of
consumer grievances, contributing to the welfare and protection of consumers in the
marketplace.
 a) Discuss the power and functions of Consumer Courts under the
Consumer Protection Act, 1986. [16]

Ans: Power and Functions of Consumer Courts under the Consumer

Protection Act, 1986:

The Consumer Protection Act, 1986, established a three-tier quasi-judicial

mechanism to adjudicate consumer disputes. These are the District
Consumer Disputes Redressal Forum (District Forum), the State Consumer
Disputes Redressal Commission (State Commission), and the National
Consumer Disputes Redressal Commission (National Commission). Here are
the powers and functions of these consumer courts:

1. District Consumer Disputes Redressal Forum (District Forum):

• Jurisdiction: District Forums have jurisdiction over cases where
the value of the goods or services and the compensation
claimed is up to ₹20 lakhs.
• Composition: It consists of a President and two members. The
President is a person who is or has been a District Judge, and
the other members are appointed from a panel of names
recommended by the State Government.
• Powers: The District Forum can hear cases related to unfair
trade practices, defective goods, deficiency in services, etc.
• Compensation: The District Forum has the authority to award
compensation up to ₹20 lakhs.
2. State Consumer Disputes Redressal Commission (State
Commission):
• Jurisdiction: State Commissions have jurisdiction over cases
where the value of goods or services and compensation
claimed is more than ₹20 lakhs but does not exceed ₹1 crore.
• Composition: It consists of a President and four members. The
President is a person who is or has been a High Court Judge,
and the other members are appointed from a panel of names
recommended by the State Government.
• Powers: The State Commission can hear appeals against the
orders of the District Forum, as well as original complaints with
a value exceeding ₹20 lakhs but not exceeding ₹1 crore.
• Compensation: The State Commission can award
compensation exceeding ₹20 lakhs but not exceeding ₹1 crore.
 3. National Consumer Disputes Redressal Commission (National
Commission):
• Jurisdiction: National Commission has jurisdiction over cases
where the value of goods or services and compensation
claimed is more than ₹1 crore.
• Composition: It consists of a President and four members. The
President is a person who is or has been a Supreme Court
Judge, and the other members are appointed from a panel of
names recommended by the Central Government.
• Powers: The National Commission can hear appeals against
the orders of the State Commission, as well as original
complaints with a value exceeding ₹1 crore.
• Compensation: The National Commission can award
compensation exceeding ₹1 crore.
4. Appellate Jurisdiction:
• All three levels of Consumer Courts have appellate jurisdiction,
allowing them to hear appeals against the decisions of lower
forums.
5. Summary Procedure:
• The Consumer Courts follow a summary procedure, aiming for
a speedy resolution of disputes. The emphasis is on a
straightforward and accessible process for consumers.
6. Award of Compensation and Damages:
• Consumer Courts have the power to award compensation for
losses or damages suffered by consumers due to unfair trade
practices, defective goods, or deficient services.
7. Power to Order Recall or Removal of Defective Goods:
• The Consumer Courts have the authority to order the recall or
removal of defective goods from the market, ensuring
consumer safety.
8. Class Action Suits:
• Consumer Courts can entertain class action suits, allowing
consumers with similar grievances to file a complaint jointly.

The primary objective of these consumer courts is to provide an accessible

and efficient mechanism for consumers to seek redressal for grievances,
ensuring that their rights are protected in the marketplace.