Consumer case judgment
Deepak Nair
(Querist) 08 October 2015
This query is : Resolved
Dear Ld. Experts,
I am in need of a judgment supporting my case in consumer court. I am for the Respondent (Opposite Party).
The Complainant has made a claim based on assumptions i.e. he may sustain loss of some amount. But, in actual there is no loss as on date or in actual and factual position. We can say the claim is hypothetical.
I need a judgment to challenge the said hypothetical claim by the complainant.
Since it is a live matter, i cannot disclose further details of the case at this moment.
Please help me with a judgment in support of my case.
Thanks
Kishor Mehta
(Expert) 08 October 2015
Sir,
It is mandatory to specify the actual loss sustained and/or prove the actual and/or physical deficiency in services to demand redressal in a Consumer Forum.
Usually hypothetical demands are not and can not be entertained in a Consumer Forum.
Good Luck,
Kishor Mehta
malipeddi jaggarao
(Expert) 09 October 2015
Agreed with the expert adice of Mr.Kishor Mehta. No case law is required to contest the claim as there is no actual loss occurred and no complaint can be entertained on basis of hypothetical loss, subject to the facts which are undisclosed.
Deepak Nair
(Querist) 09 October 2015
Dear Kishor Mehta Sir & Jaggarao Sir, thanks for providing valuable advise.
This is one of the key defense i have taken, but in support of which i am unable to find more judgments. the one I have is a 2006 judgment by Supreme Court (Oriental Insurance Vs. Munimahesh Patel)
I would request you to help me find out more judgments in support of my defense.
Thanks
Deepak
Kishor Mehta
(Expert) 09 October 2015
Dear Mr. Deepak Nair,
With due respect, this judgement does not elaborate on application or otherwise of hypothetical claims.
Good Luck,
Kishor Mehta
