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BUSINESS LAW
UNIT-3
PRESENTED BY
K.BALASRI PRASAD
B.Sc(KU), M.B.A(OU), NET(UGC), (Ph.D)(MGU)
UNIT–III
SALE OF GOODS ACT 1930
• Contract of Sale: Essentials of Valid Sale - Sale and Agreement
to Sell – Definition and Types of Goods - Conditions and
Warranties - Caveat Emptor - Exceptions - Transfer or Passing of
Property: Time When Property Passes, Rules of Transfer of
Property, Transfer of Ownership - Sale by Non-Owners and its
Exceptions - Unpaid Seller - Rights of Unpaid Seller.
• Consumer Protection Act 1986: Definitions of Consumer –
Person – Goods - Service –Consumer Dispute - Unfair Trade
Practice - Restrictive Trade Practice – Defect - Deficiency –
Consumer Protection Councils - Consumer Dispute Redressal
Agencies - District Forum – State Commission and National
Commission - Procedure to Lodge a Complaint for Redressal –
Appeals.
The Sale of Goods Act, 1930
“A contract of sale of goods is
a contract whereby the seller
transfers or agrees to transfer
the property in goods to the
buyer for a price. There may
be a contract of sale between
one part owner and another”.
Features of Contact of Sale of Goods:
1. The Parties: The parties are called
the seller and the buyer. They should
be two different individuals.
2. Subject Matter(Movable goods): A
contract of goods should be made
only in respect of movable goods.
The goods may be either Existing
goods, Future goods or Contingent
goods.
3. Transfer of Property: The seller
should transfer the ownership of
the goods to the buyer, so that the
buyer becomes owner of goods
after sale.
4. Consideration: The buyer should
pay value of the goods to the
seller in the form of money. It is
called price.
5. Absolute or Conditional: When the
seller transfers the ownership in goods to
the buyer immediately, it is called
Absolute contract. I he agrees to transfer
the ownership at a later date or in future,
it is called Conditional contract.
6. Features of Valid Contract: All other
features of a valid contract should exist in
a contract of sale of goods also so as to
be enforced in a court of law, such as
Proposal, Acceptance, Free consent etc.
Transfer of Property and Delivery of Goods
After the contract of sale of
goods is made, the seller will
have to transfer the ownership
of the goods to buyer and
deliver the goods physically
and the buyer will have to pay
the price.
A. Rules for Transfer of Property in Goods:
The moment or point of time at
which the buyer becomes owner of
goods should be ascertained carefully
because “ the risk prima face passes
with ownership”. The owner of goods
should bear the loss of destruction.
The Sale of Goods Act has given the
following rules in this regard.
1. In case of Specific Goods: In case
of Specific goods(Selected by the
buyer from the stocks of the
seller), the ownership of the
goods passes to the buyer
provided the seller is ready to sell
them and all formalities are
completed.
Case Example:
Badri Prasad Vs State of Madhya Pradesh
Badri Prasad purchased standing trees from the
forest department of state of M.P. The trees
were destroyed by a fire accident after they
were selected and marked by the buyer but
before they were cut down for the purpose of
delivery as agreed. So, the Court of Law held
that the loss should be borned by the seller,
because the ownership had not passed to the
buyer.
2. In case of sale of Ascertained Goods (
Section 18):
The goods are known as ascertained
goods if they are separated from the
stocks of the seller for the purpose of
delivery to the buyer as per the Purchase
Order of the buyer. In this case also the
property in such goods passes to the
buyer as soon as they are ascertained
and put in a deliverable state.
Case Example:
Tarling Vs Baxter (Seller)
Tarling purchased certain stock (Dry grass)
which was lying on the ground of the
seller. It was destroyed by fire before the
delivery. The Court of Law held that the
buyer should bear the loss because the
grass was in a deliverable condition at the
time of fire accident.
3. In case of sale of Unascertained
Goods (Section 23):
Goods are known as unascertained
goods if they are not separated from
the stocks of the seller even after
they are sold away. The property in
such goods will not pass to the buyer.
In case of destruction of such goods,
the seller should bear the loss.
4. Intention of the Parties (Section 19):
While deciding whether the property
in goods has passed from the seller to
buyer or not, the intention of the
parties should also be taken into
consideration. It should be
ascertained from the terms and
conditions of the contract agreed
between the parties.
Case Example:
Appleby Vs Myers
A second hand machine was purchased
by Myers from Appleby on the condition
that it should be put in working condition
before sale. It was delivered to the buyer
so as to give it to a mechanic for repairs.
It was destroyed in the workshop of the
mechanic. It was held that the loss should
be bored by the seller.
5. In case of goods delivered to a carrier (
Section 23):
When the goods are delivered by a seller to a
transport company for the purpose of delivery
to the buyer, the property in such goods
generally passes to the buyer provided the
Lorry Receipt or Railway Receipt is prepared in
the name of the buyer.
On the other hand, if the seller reserved the
right of transfer by preparing the L/R or R/R in
his own name or in the name of his agent, the
property in goods will not pass to the buyer.
6. Goods sent on Sale or Return
basis:
When the goods are sent on
approval basis so as to sell them
or return them if not sold, the
property in such goods will not
pass to the buyer until he sells
them to a customer or uses them.
B. Rules for Delivery of Goods
1.Cost of Delivery: The seller should bear all the
expenses relating to packaging, weighing,
measuring, counting, marking etc. which is known
as cost of delivery.
2. Expenses of delivery: The expenses of
transportation including delivery such as labour,
carriage, freight etc. should be borned by the buyer
unless agreed otherwise.
3. Application of Delivery: The seller need not deliver
the goods unless the buyer applies for delivery or
requests the seller to deliver goods at a specified
place.
4. Risk of Delivery: The risk of destruction of
the goods in transit falls upon the buyer
unless the seller agrees to bear the risk or the
property in goods is not transferred to the
buyer.
5. Place of Delivery: The buyer should take
delivery of goods from the place where the
goods were lying or kept at the time of
entering into the contract. In case of future
goods or goods under production, they should
be taken delivery from the place of
production.
6. Time of Delivery: The seller should give
delivery of goods within reasonable time or
within the fixed time agreed between the
parties. Time for verification should be
allowed.
7. Examination of Goods: The buyer should be
given a reasonable opportunity to examine
the goods before taking delivery.
8. Unconditional Delivery: The goods should be
delivered in full quantity agreed. The buyer
need not accept if wrong quantity is delivered
or the goods are delivered in parts.
9. Modes of Delivery:
(a)Actual Delivery: Hand to hand delivery
in case of easily portable goods.
(b) Symbolic Delivery: In case of heavy
goods, the goods are shown to the
buyer.
(c) Constructive Delivery: Delivery through
a transport company or warehouse.
C. Rules of Payment of Price:
The price of goods should be paid by
the buyer to the seller immediately
on delivery of goods unless agreed
otherwise.
If the parties agree mutually, the
price may be either paid before
delivery or the buyer may be given
time to pay the price at a future date.
Price can be fixed in any of the following four ways:
1. It may be fixed between the seller and buyer
at the time of entering into contract.
2. It may be agreed to be fixed by a third party
selected by seller and buyer.
3. The parties may agree to pay as per the
market rate prevailing on the date of
delivery.
4. The parties may agree to pay in accordance
with the quota price fixed by the
Government.
Conditions and Warranties:
When a contract of sale of goods
is made between a seller and
buyer, they agree upon certain
terms and conditions relating to
the subject matter of the contract.
They are known as “Stipulations”
as per Law.
The most important stipulations are called
“ Conditions”.
The less important stipulations are called
“Warranties”.
The seller should satisfy all the conditions
without fail otherwise the buyer can reject the
contract.
But, if the seller fails to satisfy the Warranties,
the buyer cannot reject the contract. The
seller should be allowed to perform the
contract paying reasonable damages for the
breach of Warranty.
Types of Conditions and Warranties:
The Conditions and Warranties
relating to a contract of sale of
goods are classified into two types:
1. Expressed Conditions and
Warranties
2. Implied Conditions and
Warranties
1. Expressed Conditions and Warranties:
The stipulations agreed between the
parties either in words spoken or in
words written are known as Expressed
Conditions and Warranties.
2. Implied Conditions and Warranties:
The Conditions and Warranties
prescribed by the Sale of Goods Act-
1930 are known as Implied Conditions
and Warranties.
Implied Conditions as per Law:
1. Implied Condition as to Title or
Ownership(Sec-14): A person should
not sell goods under a contract of sale
of goods unless he is the owner of the
goods.
2. Implied Condition as to
Description(Sec-15): The goods sold
under any description should satisfy
the description so made by the seller.
3. Implied Condition as to Description and
Sample: If goods are sold by description
and sample such goods should satisfy
both the conditions.
4. Implied Condition as to Quality and
Fitness: There is no implied condition as
to quality and fitness of goods to the
purpose of the buyer. Therefore the
buyer should be careful regarding quality
and suitability to his purpose. This is
known as the rule of “Buyer Beware”.
Implied Warranties as per Law:
1. Implied Warranty regarding quite
Possession: The buyer should be allowed
to possess the goods quietly without any
disturbance from seller.
2. Implied Warranty regarding Freeness
from encumbrance(Burden): The goods
sold should not have been already
mortgaged or pledged or hypothecated
to others.
3. Implied Warranty regarding sale of
dangerous goods: Goods likely to cause
danger to the buyer should not be sold
under a contract of sale of goods.
4. Implied Warranty annexed by trade
custom or usage: In case garments, if
they are not suitable to the person for
whom they are purchased, such goods
are to be exchanged.
Sale by Non-Owners:
The seller should posses the ownership of
goods. Otherwise, the contract becomes
invalid.
“one cannot give to another what they
does not posses”
But the following persons can transfer
ownership in goods without being the
owners of such goods at the time of sale:
1. Mercantile Agents: A person who is
authorized to sell the goods of a trader on
his/her behalf and in the name of the trader.
Also known as ‘factor’ in Law, Consignee in
Accountancy. Sale of goods by mercantile
agent becomes valid.
2. Joint Owner: Goods owned by two or more
persons jointly can be sold by anyone of them
on behalf of all of them with their consent.
Also, joint owner can sell goods of his share
without the permission of others only to the
extent of his right.
3. Seller after sale: When a seller sells
certain goods to a customer but they
were not delivered and he/she resells
them to another buyer, the sale becomes
valid.
4. Buyer before Purchasing: If a person
enters into an agreement to purchase
some goods or hire purchase agreement
and obtains possession of the goods and
resells them, it becomes valid.
5. A person holding the goods under voidable
contract: If a person obtains possession of
goods from another by coercion or undue
influence or fraud, is said to be holding the
goods under a voidable contract, sells to
another buyer before the contract is voided,
the sale becomes valid.
Resale of stolen goods becomes invalid
because there will be no valid contract
between parties.
6. A person becoming owner by
Estoppel: If the true owner of goods
by his/her conduct induces the buyer
to believe that the seller (agent) is
the owner of the goods, he cannot
deny the fact at a later date. The sale
by such seller (agent) becomes valid.
Rules for Auction Sales:
When the goods sold through the
auctioneer in the presence of many
intending buyers is called ‘sale by
auction’. The owner of such goods
is called ‘the seller’ the auctioneer
is called ‘the agent’ the buyers are
called ‘the bidders’.
The following are the rules to be observed
in the “Auction Sales”:
1. Deposit Amount: The auctioneer may
request the bidders to deposit a fixed
amount before participating in the auction.
Such amount is known as “Earnest Money”.
2. Reserve Price: The owner of the goods can
fix a minimum price below which the goods
will not be sold in the auction. If it is not
received the owner can participate in
bidding and repurchase the goods.
3. Knock Out the Agreement: Any agreement
between bidders not to bid against each other
and divide the profits between them is called
“Knock Out Agreement”.
4. Damping: Any act of pointing out defects of
the goods kept in auction so as to discourage
the bidders from increasing their price is
illegal.
5. Implied Warranties: Auction sales are subject
to the following implied warranties under the
law of sale of goods:
a) The auctioneer is having exclusive
authority to sell the goods being
auctioned.
b) The auctioneer sells the goods in
good faith, he/she does not know
any defects therein.
c) Quit possession will be given to
bidders on buying the goods in the
auction.
The Consumer Protection Act, 1986
Consumer Protection Act was passed in the
year 1986. Came into force from 15th April,
1987.
 The main object of this law is to protect the
consumers of goods and services from the
unfair practices by the traders.
 It has also constituted Consumer Redressal
Forums and Commissions at district level,
state level and national level for the settlement
of consumer disputes.
Definition of Consumer:
“ Any person who hires or avails
any services for consideration
which has been paid or promised
or partly paid and partly promised
or under any system of deferred
payments and includes any
beneficiary of such services other
than the hirer.”
Definition of Consumer Covers:-
1. One who buys or agrees to buy goods for a consideration
for personal use
2. One who uses such goods with permission of buyer of
goods.
3. One who obtains goods on hire purchase or lease
4. One who hires or avails of any services for a consideration.
5. One who uses the services with permission of person who
has hired the services.
6. One who obtains services on deferred payment basis i.e.,
hire purchase or lease.
7. One who buys goods or hires services exclusively for
purpose of earning livelihood.
Definition of Goods:
“ Goods means every kind of movable
property other than actionable claims
and money, and includes stocks and
shares, growing crops and things
attached to or forming part of land
which are agreed to be served for the
purpose of sale.”
Definition of Services:
“ Services means service of any
description which is made available to
the potential users. It includes the
provision of facilities in connection
with banking, financing, insurance,
transportation, processing, supply of
electrical or other energy etc.”
Definition of Unfair Trade practices:
1. Falsely representing that the goods are of
particular standard, quality, grade, style,
model and composition when they are not
so.
2. Falsely representing the second hand,
renovated, reconditioned and old goods as
new goods.
3. Representing that the goods or services have
the sponsorship, approval, accessories of a
foreign company where there is no such
collaboration.
4. Making of false or misleading representation
about the uses, benefits, durability, efficiency
etc., of the goods.
5. Giving any guarantee or warranty of the
performance, efficiency of length of a product
or any goods which is not based on any
adequate test or experience.
6. Permitting the publication of any
advertisement in any newspaper or otherwise
for the sale of goods or services at a bargain
price or discount etc,. without any intention to
do so.
Restrictive Trade Practices:
According to section2(1), any trade practice
which requires a consumer to buy, hire or
avail of any goods or services as the case
may be, as a condition precedent for buying.
Hiring or availing of other goods or
services.
Example: A gas agency forcing a consumer
to buy gas stove supplied by them
compulsorily to get gas connection from
their agency or company.
Definition of Complainant: Complainant is
defined in section 2(1)(b) and means,
1. A consumer; or
2. Any voluntary consumer’s association registered
under the Companies Act, 1956 or under any other
law for the time being in force; or
3. The central government or any state government; or
4. One or more consumers, where there are numerous
consumers having the same interest.
5. In case of death of a consumer, his legal heir or
representative.
Definition of Complaint: According to Section
2(1)(c), Complaint means any allegation in
writing made by a complainant that,
1. An unfair trade practice or a restrictive trade
practice has been adopted by any trader or
service provider;
2. the goods bought or agreed to be bought
suffer from one or more defects;
3. The services hired or availed or agreed to be
hired or availed suffer from deficiency in any
respect;
4. a trader or the service provider has
charged for the goods or for the services
mentioned in the complaint, a price in
excess of the price.
5. Goods and services which will be
hazardous to life and safety when used
are being offered for sale to the public.
Definition of Consumer Dispute:
Section2(1)(e)
A dispute occurs when the person against
whom a complaint has been made, denies
or disputes the allegations contained in
the complaint.
If the person against whom complaint is
made agrees to the complaint, there is no
consumer dispute.
Definition of Defect/Deficiency: Any
fault, imperfection or shortcoming in
the quality, quantity, purity or
standard which is required to be
maintained by or under any law in
force or as is claimed by the trader in
any manner in relation to any
goods/Service.
Rights of Consumers:
1. Right of Protection: Consumers can sue the
traders for any losses suffered for human life or
property.
2. Right to Information: The Consumers are having
the right to be informed about the quality, quantity,
purity, standard and price of goods or services sold.
This information should be printed on the packing
of the product.
3. Right of Assurance: The Consumers can demand
the Right to be assured access to the goods and
services where ever possible before delivering
them.
4. Right of Hearing: Whenever the Consumers
suffers any loss or damage, he/she will have
the Right to be heard and to be assured that
consumer’s interest will receive due
consideration at appropriate forums at district
level, State level and National level.
5. Right of Redressal: Whenever the consumers
suffers any monetary loss, he/she can exercise
Right to seek Redressal against unfair
practices and restrictive trade practices or
exploitation of consumers by traders.
6.Right of Education: The Consumers
should be supplied with manuals etc.,
with products regarding the users,
operations, safety etc., in using the
products to satisfy this right of educating
the consumer.
Consumer Protection Councils:
A. Central Consumer Protection Council:
Establishment: The Central Government shall by notification
establish a Central Protection Council consisting of the
following members:
(i) The minister in-charge of Consumer affairs in the Central
Government as the chairman.
(ii) The minister of state or Deputy minister as Vice Chairman.
(iii)The ministers in-charge of Consumer affairs in states.
(iv)Eight members of parliament – Five from the Lok sabha
and three from the Rajya sabha.
(v) The secretary of the National Commission for SC’s and
ST’s.
(vi) Representatives of the Central Government Departments
and autonomous organizations concerned with consumer
interests, not exceedingly twenty.
(vii) Representatives of the Consumer Organizations or
Consumers – not less than thirty five
(viii) Representatives of Women – not less than ten.
(ix) Representative of farmers, trade and industries – not
exceeding twenty.
(x) Persons capable of representing consumer interest not
specified above- not exceeding fifteen.
(xi) The secretary in-charge of the Consumer affairs in the
Central Government shall be the Member Secretary of the
Central Council.
The term of the Council shall be 3 years.
Procedure for meetings of the Central Council:
(1) The Central Council shall meet as and when
necessary, but at least one meeting of the Council
shall be held every year.
(2) The Central Council shall meet at such time and
place as the Chairman may think fir and shall
observe such procedure in regard to the transaction
of its business may be prescribed.
Objectives of the Central Council:
The objectives of the Central Council shall be to
promote and protect the rights of the
consumers such as,
(1)The right to be protected against the
marketing of goods and services which are
hazardous to life and property.
(2) the right to be informed about the quality,
purity, standard and price of goods or
services, as the case may be so as to protect
the consumer against unfair trade practices.
(3) the right to be assured access to a
variety of goods and services at a
competitive prices.
(4) the right to be heard and to be assured
that consumer’s interests will receive due
consideration at appropriate forums
(5) The right to seek Redressal against
unfair trade practices or restrictive trade
practices or exploitation of consumers
(6) the right to consumer education
B. State Consumer Protection Council:
(1)The State Government may, by notification,
establish with effect from such date as it may
specify in such notification, a council to be known
as the Consumer Protection Council or State
Council
(2)The State Council shall consist of the following
members:
(a) the minister in-charge of consumer affairs in the
State Government who shall be its Chairman;
(b) such number of other official and non-official
members representing such interest as may be
prescribed by State Government
(3) The State Council shall meet as and when
necessary but not less than two meetings shall be
held every year
(4) The State Council shall meet at such time and
place as the Chairman may think fit and shall
observe such procedure in regard to the
transaction.
Objectives of the State Council: The objectives of
every State Council shall be to promote and
protect within the State , the rights of the
Consumers laid down in Clauses (a) to (f) of
Section 6.
C. District Consumer Protection Council:
(1)The State Government shall establish for every
district, by notification, a council to be known as
the District Consumer Protection Council.
(2)The District Consumer Protection Council ( District
Council) shall consist of the following members;
(a) the Collector of the District, who shall be its
Chairman
(b) such number of other official and non-official
members representing such interests as may be
prescribed by the State Government.
(3) The District Council shall meet as and when
necessary but not less than two meetings shall
be held every year.
(4) The District Council shall meet as such time
and place within the district as the Chairman
may think fit as may be prescribed by the State
Government.
Objectives of the State Council: The objectives of
every State Council shall be to promote and protect
within the State , the rights of the Consumers laid
down in Clauses (a) to (f) of Section 6.
Procedure to Lodge a Complaint for Redressal
• A dissatisfied consumer can file a complaint directly
with the national commission or appeal against
decisions of the state commission within a month from
the date of the order.
• The court fee is Rs 5,000 and the demand draft should
be in the name of The Registrar, National Consumer
Disputes Redressal Commission.
• There is no fee for filing an appeal before the state or
national commission.
• You can appeal against the orders of the national
commission in the Supreme Court within a period of 30
days.
Procedure to file a case in the consumer court:
Intimation: The aggrieved party sends a notice to service
provider who sold the product. This notice informs about the
intention of the customer to take action for receiving
substandard or defective goods. It is an attempt for settlement
between both parties without going to Forum.
Drafting of the complaint: If the seller or service provider is not
ready to offer compensation, a formal complaint is lodged
under Consumer Protection. The process doesn’t necessarily
need a lawyer and can be dealt by the customer himself. The
customer must mention the following details:
Name, address and description of both the parties.
Cause of action, approximate date, time and place.
Relevant causes behind the action.
The compensation or remedy claimed by the consumer.
Signature of the complainant or authorized lawyer.
Attach required documents: Materialistic evidence and
documents are required to support your complaint to produce in
the court. They include-
 Copy of bill, delivery receipt, packaging, record of online booking
 Warranty/Guarantee cards.
 Copy of the written complaint and notice.
Appropriate Commission: The consumer needs to choose the
proper forum to file the complaint according to pecuniary
jurisdiction i.e. the total value of product or service availed.
Mention the compensation amount that is fixed.
Pay court fee: A certain amount of money is needed to be paid
along with the complaint. The amount depends on the type of the
forum, the value of the product bought and the compensation
sought.
Submit Affidavit: While filing the case it is necessary to submit an
affidavit in the court. It is the proof that the facts described by the
complainant are true to their knowledge.
Procedure to approach the District Forum:
• The complaint can be written on a plain paper and can be filed by the complainant
himself or his authorized agent.
• Four copies and additional ones for each party need to be filed by the complainant.
• The Court Fee for suits valued up to 1 lakh is zero for them who have Antyodaya
and Anna Yojana cards, while in other cases the amount is Rs. 100.
• When the suits are valued up to 5 lakh, the court fee is Rs. 200, and for suits valued
up to 10 lakh, the fee is Rs. 400. For those up to 20 lakh, the court fee is Rs. 500.
• The court fee must be paid by demand draft made out the President of Consumer
Disputes Redressal Forum along with the district name.
Procedure to approach State Consumer Forum:
• The consumer can file a case according to pecuniary jurisdiction or file an appeal
from order of DCDRC (District Consumer Disputes Redressal Council) within 30 days
from the passing of the order.
• The court fee for the value between 20 to 50 lakh is Rs. 2000 while the fee is Rs
4000 when the value is up to 1 crore.
• Court fees needs to be deposited via demand draft in favor of Registrar, name of
State Commission.
A customer can lodge a case in consumer court against a service
provider or a seller in case of faulty product delivery, improper
service or harassment. The government of India controls the judiciary
hearings regarding consumer grievances.
Eligibility criteria to file a complaint:
• Certainly, a consumer only can make a complaint, but to do that, he
or she needs to fulfill two conditions-
• The consumer has paid money to purchase products or availed
services in exchange of money.
• The person have purchased the product for personal use only and not
for resale purpose.
• A registered voluntary consumer association under Companies Act or
other law.
• The Government, be it central or state.
• Consumers with same interest.
• Legal heir or relative of a deceased consumer.
Conditions to lodge a complaint:
• Unfair or restricted trade practice by a service
provider.
• Defective or substandard products, which is already
bought or agreed to be purchased by the consumer.
• Service Deficiency, whether hired or confirmed to
be hired.
• Overcharging of goods when the price is fixed by
the law, displayed on packaging or agreed between
both parties.
• Selling goods that are hazardous for life, safety and
property.
Business Law unit-3 - sale of goods act 1930 and Consumer Protection Act 1986
Business Law unit-3 - sale of goods act 1930 and Consumer Protection Act 1986

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Business Law unit-3 - sale of goods act 1930 and Consumer Protection Act 1986

  • 1. BUSINESS LAW UNIT-3 PRESENTED BY K.BALASRI PRASAD B.Sc(KU), M.B.A(OU), NET(UGC), (Ph.D)(MGU)
  • 2. UNIT–III SALE OF GOODS ACT 1930 • Contract of Sale: Essentials of Valid Sale - Sale and Agreement to Sell – Definition and Types of Goods - Conditions and Warranties - Caveat Emptor - Exceptions - Transfer or Passing of Property: Time When Property Passes, Rules of Transfer of Property, Transfer of Ownership - Sale by Non-Owners and its Exceptions - Unpaid Seller - Rights of Unpaid Seller. • Consumer Protection Act 1986: Definitions of Consumer – Person – Goods - Service –Consumer Dispute - Unfair Trade Practice - Restrictive Trade Practice – Defect - Deficiency – Consumer Protection Councils - Consumer Dispute Redressal Agencies - District Forum – State Commission and National Commission - Procedure to Lodge a Complaint for Redressal – Appeals.
  • 3. The Sale of Goods Act, 1930 “A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part owner and another”.
  • 4. Features of Contact of Sale of Goods: 1. The Parties: The parties are called the seller and the buyer. They should be two different individuals. 2. Subject Matter(Movable goods): A contract of goods should be made only in respect of movable goods. The goods may be either Existing goods, Future goods or Contingent goods.
  • 5. 3. Transfer of Property: The seller should transfer the ownership of the goods to the buyer, so that the buyer becomes owner of goods after sale. 4. Consideration: The buyer should pay value of the goods to the seller in the form of money. It is called price.
  • 6. 5. Absolute or Conditional: When the seller transfers the ownership in goods to the buyer immediately, it is called Absolute contract. I he agrees to transfer the ownership at a later date or in future, it is called Conditional contract. 6. Features of Valid Contract: All other features of a valid contract should exist in a contract of sale of goods also so as to be enforced in a court of law, such as Proposal, Acceptance, Free consent etc.
  • 7. Transfer of Property and Delivery of Goods After the contract of sale of goods is made, the seller will have to transfer the ownership of the goods to buyer and deliver the goods physically and the buyer will have to pay the price.
  • 8. A. Rules for Transfer of Property in Goods: The moment or point of time at which the buyer becomes owner of goods should be ascertained carefully because “ the risk prima face passes with ownership”. The owner of goods should bear the loss of destruction. The Sale of Goods Act has given the following rules in this regard.
  • 9. 1. In case of Specific Goods: In case of Specific goods(Selected by the buyer from the stocks of the seller), the ownership of the goods passes to the buyer provided the seller is ready to sell them and all formalities are completed.
  • 10. Case Example: Badri Prasad Vs State of Madhya Pradesh Badri Prasad purchased standing trees from the forest department of state of M.P. The trees were destroyed by a fire accident after they were selected and marked by the buyer but before they were cut down for the purpose of delivery as agreed. So, the Court of Law held that the loss should be borned by the seller, because the ownership had not passed to the buyer.
  • 11. 2. In case of sale of Ascertained Goods ( Section 18): The goods are known as ascertained goods if they are separated from the stocks of the seller for the purpose of delivery to the buyer as per the Purchase Order of the buyer. In this case also the property in such goods passes to the buyer as soon as they are ascertained and put in a deliverable state.
  • 12. Case Example: Tarling Vs Baxter (Seller) Tarling purchased certain stock (Dry grass) which was lying on the ground of the seller. It was destroyed by fire before the delivery. The Court of Law held that the buyer should bear the loss because the grass was in a deliverable condition at the time of fire accident.
  • 13. 3. In case of sale of Unascertained Goods (Section 23): Goods are known as unascertained goods if they are not separated from the stocks of the seller even after they are sold away. The property in such goods will not pass to the buyer. In case of destruction of such goods, the seller should bear the loss.
  • 14. 4. Intention of the Parties (Section 19): While deciding whether the property in goods has passed from the seller to buyer or not, the intention of the parties should also be taken into consideration. It should be ascertained from the terms and conditions of the contract agreed between the parties.
  • 15. Case Example: Appleby Vs Myers A second hand machine was purchased by Myers from Appleby on the condition that it should be put in working condition before sale. It was delivered to the buyer so as to give it to a mechanic for repairs. It was destroyed in the workshop of the mechanic. It was held that the loss should be bored by the seller.
  • 16. 5. In case of goods delivered to a carrier ( Section 23): When the goods are delivered by a seller to a transport company for the purpose of delivery to the buyer, the property in such goods generally passes to the buyer provided the Lorry Receipt or Railway Receipt is prepared in the name of the buyer. On the other hand, if the seller reserved the right of transfer by preparing the L/R or R/R in his own name or in the name of his agent, the property in goods will not pass to the buyer.
  • 17. 6. Goods sent on Sale or Return basis: When the goods are sent on approval basis so as to sell them or return them if not sold, the property in such goods will not pass to the buyer until he sells them to a customer or uses them.
  • 18. B. Rules for Delivery of Goods 1.Cost of Delivery: The seller should bear all the expenses relating to packaging, weighing, measuring, counting, marking etc. which is known as cost of delivery. 2. Expenses of delivery: The expenses of transportation including delivery such as labour, carriage, freight etc. should be borned by the buyer unless agreed otherwise. 3. Application of Delivery: The seller need not deliver the goods unless the buyer applies for delivery or requests the seller to deliver goods at a specified place.
  • 19. 4. Risk of Delivery: The risk of destruction of the goods in transit falls upon the buyer unless the seller agrees to bear the risk or the property in goods is not transferred to the buyer. 5. Place of Delivery: The buyer should take delivery of goods from the place where the goods were lying or kept at the time of entering into the contract. In case of future goods or goods under production, they should be taken delivery from the place of production.
  • 20. 6. Time of Delivery: The seller should give delivery of goods within reasonable time or within the fixed time agreed between the parties. Time for verification should be allowed. 7. Examination of Goods: The buyer should be given a reasonable opportunity to examine the goods before taking delivery. 8. Unconditional Delivery: The goods should be delivered in full quantity agreed. The buyer need not accept if wrong quantity is delivered or the goods are delivered in parts.
  • 21. 9. Modes of Delivery: (a)Actual Delivery: Hand to hand delivery in case of easily portable goods. (b) Symbolic Delivery: In case of heavy goods, the goods are shown to the buyer. (c) Constructive Delivery: Delivery through a transport company or warehouse.
  • 22. C. Rules of Payment of Price: The price of goods should be paid by the buyer to the seller immediately on delivery of goods unless agreed otherwise. If the parties agree mutually, the price may be either paid before delivery or the buyer may be given time to pay the price at a future date.
  • 23. Price can be fixed in any of the following four ways: 1. It may be fixed between the seller and buyer at the time of entering into contract. 2. It may be agreed to be fixed by a third party selected by seller and buyer. 3. The parties may agree to pay as per the market rate prevailing on the date of delivery. 4. The parties may agree to pay in accordance with the quota price fixed by the Government.
  • 24. Conditions and Warranties: When a contract of sale of goods is made between a seller and buyer, they agree upon certain terms and conditions relating to the subject matter of the contract. They are known as “Stipulations” as per Law.
  • 25. The most important stipulations are called “ Conditions”. The less important stipulations are called “Warranties”. The seller should satisfy all the conditions without fail otherwise the buyer can reject the contract. But, if the seller fails to satisfy the Warranties, the buyer cannot reject the contract. The seller should be allowed to perform the contract paying reasonable damages for the breach of Warranty.
  • 26. Types of Conditions and Warranties: The Conditions and Warranties relating to a contract of sale of goods are classified into two types: 1. Expressed Conditions and Warranties 2. Implied Conditions and Warranties
  • 27. 1. Expressed Conditions and Warranties: The stipulations agreed between the parties either in words spoken or in words written are known as Expressed Conditions and Warranties. 2. Implied Conditions and Warranties: The Conditions and Warranties prescribed by the Sale of Goods Act- 1930 are known as Implied Conditions and Warranties.
  • 28. Implied Conditions as per Law: 1. Implied Condition as to Title or Ownership(Sec-14): A person should not sell goods under a contract of sale of goods unless he is the owner of the goods. 2. Implied Condition as to Description(Sec-15): The goods sold under any description should satisfy the description so made by the seller.
  • 29. 3. Implied Condition as to Description and Sample: If goods are sold by description and sample such goods should satisfy both the conditions. 4. Implied Condition as to Quality and Fitness: There is no implied condition as to quality and fitness of goods to the purpose of the buyer. Therefore the buyer should be careful regarding quality and suitability to his purpose. This is known as the rule of “Buyer Beware”.
  • 30. Implied Warranties as per Law: 1. Implied Warranty regarding quite Possession: The buyer should be allowed to possess the goods quietly without any disturbance from seller. 2. Implied Warranty regarding Freeness from encumbrance(Burden): The goods sold should not have been already mortgaged or pledged or hypothecated to others.
  • 31. 3. Implied Warranty regarding sale of dangerous goods: Goods likely to cause danger to the buyer should not be sold under a contract of sale of goods. 4. Implied Warranty annexed by trade custom or usage: In case garments, if they are not suitable to the person for whom they are purchased, such goods are to be exchanged.
  • 32. Sale by Non-Owners: The seller should posses the ownership of goods. Otherwise, the contract becomes invalid. “one cannot give to another what they does not posses” But the following persons can transfer ownership in goods without being the owners of such goods at the time of sale:
  • 33. 1. Mercantile Agents: A person who is authorized to sell the goods of a trader on his/her behalf and in the name of the trader. Also known as ‘factor’ in Law, Consignee in Accountancy. Sale of goods by mercantile agent becomes valid. 2. Joint Owner: Goods owned by two or more persons jointly can be sold by anyone of them on behalf of all of them with their consent. Also, joint owner can sell goods of his share without the permission of others only to the extent of his right.
  • 34. 3. Seller after sale: When a seller sells certain goods to a customer but they were not delivered and he/she resells them to another buyer, the sale becomes valid. 4. Buyer before Purchasing: If a person enters into an agreement to purchase some goods or hire purchase agreement and obtains possession of the goods and resells them, it becomes valid.
  • 35. 5. A person holding the goods under voidable contract: If a person obtains possession of goods from another by coercion or undue influence or fraud, is said to be holding the goods under a voidable contract, sells to another buyer before the contract is voided, the sale becomes valid. Resale of stolen goods becomes invalid because there will be no valid contract between parties.
  • 36. 6. A person becoming owner by Estoppel: If the true owner of goods by his/her conduct induces the buyer to believe that the seller (agent) is the owner of the goods, he cannot deny the fact at a later date. The sale by such seller (agent) becomes valid.
  • 37. Rules for Auction Sales: When the goods sold through the auctioneer in the presence of many intending buyers is called ‘sale by auction’. The owner of such goods is called ‘the seller’ the auctioneer is called ‘the agent’ the buyers are called ‘the bidders’.
  • 38. The following are the rules to be observed in the “Auction Sales”: 1. Deposit Amount: The auctioneer may request the bidders to deposit a fixed amount before participating in the auction. Such amount is known as “Earnest Money”. 2. Reserve Price: The owner of the goods can fix a minimum price below which the goods will not be sold in the auction. If it is not received the owner can participate in bidding and repurchase the goods.
  • 39. 3. Knock Out the Agreement: Any agreement between bidders not to bid against each other and divide the profits between them is called “Knock Out Agreement”. 4. Damping: Any act of pointing out defects of the goods kept in auction so as to discourage the bidders from increasing their price is illegal. 5. Implied Warranties: Auction sales are subject to the following implied warranties under the law of sale of goods:
  • 40. a) The auctioneer is having exclusive authority to sell the goods being auctioned. b) The auctioneer sells the goods in good faith, he/she does not know any defects therein. c) Quit possession will be given to bidders on buying the goods in the auction.
  • 41. The Consumer Protection Act, 1986 Consumer Protection Act was passed in the year 1986. Came into force from 15th April, 1987.  The main object of this law is to protect the consumers of goods and services from the unfair practices by the traders.  It has also constituted Consumer Redressal Forums and Commissions at district level, state level and national level for the settlement of consumer disputes.
  • 42. Definition of Consumer: “ Any person who hires or avails any services for consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payments and includes any beneficiary of such services other than the hirer.”
  • 43. Definition of Consumer Covers:- 1. One who buys or agrees to buy goods for a consideration for personal use 2. One who uses such goods with permission of buyer of goods. 3. One who obtains goods on hire purchase or lease 4. One who hires or avails of any services for a consideration. 5. One who uses the services with permission of person who has hired the services. 6. One who obtains services on deferred payment basis i.e., hire purchase or lease. 7. One who buys goods or hires services exclusively for purpose of earning livelihood.
  • 44. Definition of Goods: “ Goods means every kind of movable property other than actionable claims and money, and includes stocks and shares, growing crops and things attached to or forming part of land which are agreed to be served for the purpose of sale.”
  • 45. Definition of Services: “ Services means service of any description which is made available to the potential users. It includes the provision of facilities in connection with banking, financing, insurance, transportation, processing, supply of electrical or other energy etc.”
  • 46. Definition of Unfair Trade practices: 1. Falsely representing that the goods are of particular standard, quality, grade, style, model and composition when they are not so. 2. Falsely representing the second hand, renovated, reconditioned and old goods as new goods. 3. Representing that the goods or services have the sponsorship, approval, accessories of a foreign company where there is no such collaboration.
  • 47. 4. Making of false or misleading representation about the uses, benefits, durability, efficiency etc., of the goods. 5. Giving any guarantee or warranty of the performance, efficiency of length of a product or any goods which is not based on any adequate test or experience. 6. Permitting the publication of any advertisement in any newspaper or otherwise for the sale of goods or services at a bargain price or discount etc,. without any intention to do so.
  • 48. Restrictive Trade Practices: According to section2(1), any trade practice which requires a consumer to buy, hire or avail of any goods or services as the case may be, as a condition precedent for buying. Hiring or availing of other goods or services. Example: A gas agency forcing a consumer to buy gas stove supplied by them compulsorily to get gas connection from their agency or company.
  • 49. Definition of Complainant: Complainant is defined in section 2(1)(b) and means, 1. A consumer; or 2. Any voluntary consumer’s association registered under the Companies Act, 1956 or under any other law for the time being in force; or 3. The central government or any state government; or 4. One or more consumers, where there are numerous consumers having the same interest. 5. In case of death of a consumer, his legal heir or representative.
  • 50. Definition of Complaint: According to Section 2(1)(c), Complaint means any allegation in writing made by a complainant that, 1. An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; 2. the goods bought or agreed to be bought suffer from one or more defects; 3. The services hired or availed or agreed to be hired or availed suffer from deficiency in any respect;
  • 51. 4. a trader or the service provider has charged for the goods or for the services mentioned in the complaint, a price in excess of the price. 5. Goods and services which will be hazardous to life and safety when used are being offered for sale to the public.
  • 52. Definition of Consumer Dispute: Section2(1)(e) A dispute occurs when the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. If the person against whom complaint is made agrees to the complaint, there is no consumer dispute.
  • 53. Definition of Defect/Deficiency: Any fault, imperfection or shortcoming in the quality, quantity, purity or standard which is required to be maintained by or under any law in force or as is claimed by the trader in any manner in relation to any goods/Service.
  • 54. Rights of Consumers: 1. Right of Protection: Consumers can sue the traders for any losses suffered for human life or property. 2. Right to Information: The Consumers are having the right to be informed about the quality, quantity, purity, standard and price of goods or services sold. This information should be printed on the packing of the product. 3. Right of Assurance: The Consumers can demand the Right to be assured access to the goods and services where ever possible before delivering them.
  • 55. 4. Right of Hearing: Whenever the Consumers suffers any loss or damage, he/she will have the Right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate forums at district level, State level and National level. 5. Right of Redressal: Whenever the consumers suffers any monetary loss, he/she can exercise Right to seek Redressal against unfair practices and restrictive trade practices or exploitation of consumers by traders.
  • 56. 6.Right of Education: The Consumers should be supplied with manuals etc., with products regarding the users, operations, safety etc., in using the products to satisfy this right of educating the consumer.
  • 57. Consumer Protection Councils: A. Central Consumer Protection Council: Establishment: The Central Government shall by notification establish a Central Protection Council consisting of the following members: (i) The minister in-charge of Consumer affairs in the Central Government as the chairman. (ii) The minister of state or Deputy minister as Vice Chairman. (iii)The ministers in-charge of Consumer affairs in states. (iv)Eight members of parliament – Five from the Lok sabha and three from the Rajya sabha. (v) The secretary of the National Commission for SC’s and ST’s.
  • 58. (vi) Representatives of the Central Government Departments and autonomous organizations concerned with consumer interests, not exceedingly twenty. (vii) Representatives of the Consumer Organizations or Consumers – not less than thirty five (viii) Representatives of Women – not less than ten. (ix) Representative of farmers, trade and industries – not exceeding twenty. (x) Persons capable of representing consumer interest not specified above- not exceeding fifteen. (xi) The secretary in-charge of the Consumer affairs in the Central Government shall be the Member Secretary of the Central Council. The term of the Council shall be 3 years.
  • 59. Procedure for meetings of the Central Council: (1) The Central Council shall meet as and when necessary, but at least one meeting of the Council shall be held every year. (2) The Central Council shall meet at such time and place as the Chairman may think fir and shall observe such procedure in regard to the transaction of its business may be prescribed.
  • 60. Objectives of the Central Council: The objectives of the Central Council shall be to promote and protect the rights of the consumers such as, (1)The right to be protected against the marketing of goods and services which are hazardous to life and property. (2) the right to be informed about the quality, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices.
  • 61. (3) the right to be assured access to a variety of goods and services at a competitive prices. (4) the right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate forums (5) The right to seek Redressal against unfair trade practices or restrictive trade practices or exploitation of consumers (6) the right to consumer education
  • 62. B. State Consumer Protection Council: (1)The State Government may, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the Consumer Protection Council or State Council (2)The State Council shall consist of the following members: (a) the minister in-charge of consumer affairs in the State Government who shall be its Chairman; (b) such number of other official and non-official members representing such interest as may be prescribed by State Government
  • 63. (3) The State Council shall meet as and when necessary but not less than two meetings shall be held every year (4) The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction. Objectives of the State Council: The objectives of every State Council shall be to promote and protect within the State , the rights of the Consumers laid down in Clauses (a) to (f) of Section 6.
  • 64. C. District Consumer Protection Council: (1)The State Government shall establish for every district, by notification, a council to be known as the District Consumer Protection Council. (2)The District Consumer Protection Council ( District Council) shall consist of the following members; (a) the Collector of the District, who shall be its Chairman (b) such number of other official and non-official members representing such interests as may be prescribed by the State Government.
  • 65. (3) The District Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The District Council shall meet as such time and place within the district as the Chairman may think fit as may be prescribed by the State Government. Objectives of the State Council: The objectives of every State Council shall be to promote and protect within the State , the rights of the Consumers laid down in Clauses (a) to (f) of Section 6.
  • 66. Procedure to Lodge a Complaint for Redressal • A dissatisfied consumer can file a complaint directly with the national commission or appeal against decisions of the state commission within a month from the date of the order. • The court fee is Rs 5,000 and the demand draft should be in the name of The Registrar, National Consumer Disputes Redressal Commission. • There is no fee for filing an appeal before the state or national commission. • You can appeal against the orders of the national commission in the Supreme Court within a period of 30 days.
  • 67. Procedure to file a case in the consumer court: Intimation: The aggrieved party sends a notice to service provider who sold the product. This notice informs about the intention of the customer to take action for receiving substandard or defective goods. It is an attempt for settlement between both parties without going to Forum. Drafting of the complaint: If the seller or service provider is not ready to offer compensation, a formal complaint is lodged under Consumer Protection. The process doesn’t necessarily need a lawyer and can be dealt by the customer himself. The customer must mention the following details: Name, address and description of both the parties. Cause of action, approximate date, time and place. Relevant causes behind the action. The compensation or remedy claimed by the consumer. Signature of the complainant or authorized lawyer.
  • 68. Attach required documents: Materialistic evidence and documents are required to support your complaint to produce in the court. They include-  Copy of bill, delivery receipt, packaging, record of online booking  Warranty/Guarantee cards.  Copy of the written complaint and notice. Appropriate Commission: The consumer needs to choose the proper forum to file the complaint according to pecuniary jurisdiction i.e. the total value of product or service availed. Mention the compensation amount that is fixed. Pay court fee: A certain amount of money is needed to be paid along with the complaint. The amount depends on the type of the forum, the value of the product bought and the compensation sought. Submit Affidavit: While filing the case it is necessary to submit an affidavit in the court. It is the proof that the facts described by the complainant are true to their knowledge.
  • 69. Procedure to approach the District Forum: • The complaint can be written on a plain paper and can be filed by the complainant himself or his authorized agent. • Four copies and additional ones for each party need to be filed by the complainant. • The Court Fee for suits valued up to 1 lakh is zero for them who have Antyodaya and Anna Yojana cards, while in other cases the amount is Rs. 100. • When the suits are valued up to 5 lakh, the court fee is Rs. 200, and for suits valued up to 10 lakh, the fee is Rs. 400. For those up to 20 lakh, the court fee is Rs. 500. • The court fee must be paid by demand draft made out the President of Consumer Disputes Redressal Forum along with the district name. Procedure to approach State Consumer Forum: • The consumer can file a case according to pecuniary jurisdiction or file an appeal from order of DCDRC (District Consumer Disputes Redressal Council) within 30 days from the passing of the order. • The court fee for the value between 20 to 50 lakh is Rs. 2000 while the fee is Rs 4000 when the value is up to 1 crore. • Court fees needs to be deposited via demand draft in favor of Registrar, name of State Commission.
  • 70.
  • 71. A customer can lodge a case in consumer court against a service provider or a seller in case of faulty product delivery, improper service or harassment. The government of India controls the judiciary hearings regarding consumer grievances. Eligibility criteria to file a complaint: • Certainly, a consumer only can make a complaint, but to do that, he or she needs to fulfill two conditions- • The consumer has paid money to purchase products or availed services in exchange of money. • The person have purchased the product for personal use only and not for resale purpose. • A registered voluntary consumer association under Companies Act or other law. • The Government, be it central or state. • Consumers with same interest. • Legal heir or relative of a deceased consumer.
  • 72. Conditions to lodge a complaint: • Unfair or restricted trade practice by a service provider. • Defective or substandard products, which is already bought or agreed to be purchased by the consumer. • Service Deficiency, whether hired or confirmed to be hired. • Overcharging of goods when the price is fixed by the law, displayed on packaging or agreed between both parties. • Selling goods that are hazardous for life, safety and property.