Any matters in which legal rights are involved remedies are given to the subjects in a society to

ensure justice and peace in that particular state. Remedies are the compensation given to a person
for the loss he has suffered from, it may be awarded to any person in several ways like it may be
ordered by the court, granted by judgement after trial or hearing, by agreement (settlement)
between the person claiming harm and the person who has caused it, and by the automatic
operation of law.

There are some specific kinds of remedies available for the citizens of a state some remedies
involve some particular acts to be performed or some acts to be prohibited while others involve
some amount of money to be paid as damages for the loss other party has suffered due to injury
or breach of contract, some remedies need to be proved by the courts in form of declaration of
rights of parties and an order to honour them. When the aggrieved person is taken back to the
position that they were enjoying before their rights were infringed, they are said to have been
provided with a legal remedy. There are various types of legal remedies. For instance, if
something that belongs to you has been taken away from you by a party, the court can either ask
them to pay you back in money, or ask them to return your belongings as they were, and may
also punish the party in some cases.

Remedies in Tort Law are of 2 types

1. Judicial Remedies: These are the remedies that the courts of law provide to an aggrieved
party.

2. Extra-Judicial Remedies: If the injured party takes the law in their own hand (albeit
lawfully), the remedies are called extra-judicial remedies.

Judicial remedies in tort are of three main types

Damages: Damages or legal damages is the amount of money paid to the aggrieved party to bring
them back to the position in which they were before the tort had occurred. They are paid to a
plaintiff to help them recover the loss they have suffered. Damages are the primary remedy in a
cause of action for torts. An award of damages is made up of a number of different smaller
awards which take into account different elements of the case, all added together to reach a final
lump sum. Prudent judges will provide this breakdown a trial.

Damages in Tort

In torts, the damages which are awarded by Courts to the plaintiff can be classified into several
heads.

1. Nominal Damages

Nominal damages are those in which despite the fact that the plaintiff has endured a legal injury
because of the defendant, there is no actual endured by him. These damages are given in the
instances of Injuria sine damno in which the Court perceives the infringement of the right of the
plaintiff however the measure of damages are so nominal or low on account of no actual
misfortune to the plaintiff.

On account of Constantine v. Imperial London Hotels Ltd., The plaintiff was a cricketer from
West Indies who had gone to the defendant lodging to remain yet he was rejected based on his
nationality, hence, the plaintiff remained at another inn and didn't endure any actual damage. For
the situation brought by him, the defendant was held liable on the grounds that the plaintiff's
legal right was disregarded regardless of no actual injury occurring and they needed to pay
nominal damages of five guineas.

On account of Ashby v. White (1703), the plaintiff was kept from voting by the defendant and
the contender for whom the plaintiff was going to cast a ballot despite everything won. The
plaintiff sued the defendant. It was held that despite the fact that no actual damage was endured
by the plaintiff, the defendant was as yet liable for keeping him from practicing his legal right to
cast a ballot and hence nominal damages were granted for this situation.
2. Contemptuous Damages

In these sort of damages, the Court perceives that the right of the plaintiff is disregarded however
to show that the suit brought by the plaintiff is of such a trivial nature, that it has just burnt
through the hour of the Court, the Court grants a pitiful add up to the plaintiff as damages. This
is like the nominal damages yet the main contrast between the two is that in nominal damages
the plaintiff endures no actual misfortune and in scornful damages, the plaintiff endures actual
damage yet it is a trivial one wherein he doesn't has the right to be completely redressed.

3. Compensatory damages

Compensatory damages are granted to assist the plaintiff with reaching his unique situation at
which he was before the tort was committed against him. These damages are not granted to
punish the defendant yet to restore the plaintiff to his past circumstance. These damages are
extremely useful in instances of monetary misfortunes in which the measure of misfortune can be
effectively determined and thusly that sum can be requested to be paid to the plaintiff so he can
supplant the damaged item or merchandise with such sum.

4. Aggravated Damages

These damages are granted for the extra harm which is caused to the plaintiff which can't be
repaid by the compensatory damages and it is given for factors, for example, the loss of
confidence, torment and distress endured by the plaintiff and so on which can't be determined in
monetary terms. These damages are thusly extra damages which are granted to the plaintiff other
than the damages granted for his financial misfortune.

5. Punitive Damages

These damages are otherwise called exemplary damages and the reason for these damages is to
punish the defendant and to make a case of him with the goal that others are discouraged from
submitting a similar act as he did. In this way, at whatever point a Court feels that the act of the
defendant was seriously gross, it grants punitive damages against him to the plaintiff.

Injunction: Injunction is an equitable remedy available in torts, granted at the discretion of the
court. An equitable remedy is one in which the court, instead of compensating the aggrieved
party, asks the other party to perform his part of the promises. So, when a court asks a person to
not continue to do something, or to do something positive so as to recover the damage of the
aggrieved party, the court is granting an injunction.

Specific Restitution of Property: the third judicial remedy available in the Law of Torts is that
of Specific Restitution of Property. Restitution means the restoration of goods back to the owner
of the goods. When a person is wrongfully dispossessed of his property or goods, he is entitled to
the restoration of his property.

Extra-judicial Remedies
Extra judicial remedies are available to a party by his own act; without the help of law.

These are of five main types:

Expulsion of trespasser

Trespasser is a person who commits the act of trespassing on a property, that is, without the
permission of the owner. Being present on land as a trespasser thereto creates liability in the
trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a
trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are
injured due to the negligence of the property owner.

Re-entry on land:

In this case, the owner of a property can remove the trespasser and re-enter his property by using
a reasonable amount of force.

Re-caption of goods
Recaption is a Common Law remedy exercised by an individual who has been wrongfully
deprived of goods. Through recaption, the owner may lawfully claim and retake goods whenever
he or she finds them, as long as this is done in an orderly and legal manner.

Abatement: In case of a nuisance, be it private or public, a person (the injured party) can remove
the object causing nuisance. This privilege must be exercised within a reasonable time after
learning of the nuisance and usually requires notice to the defendant and the defendant's failure
to act. Reasonable force may be used to employ the abatement, and a plaintiff may be liable for
unreasonable or unnecessary damages.

Distress Damage Feasant:

“Distress” means the right to detain

and “Damage” means “injury” and “Feasant” means “wrongful act”. In this case, a person’s
cattle/other beasts move to another’s property and his crops are spoiled. The owner of the
property is entitled to take possession of the beasts until he is compensated for the loss suffered by
him. In some cases the party also has the right to sell the chattel.
A consumer is simply defined as a user of services and goods, therefore, every producer is also a
consumer. However, conflicting interests have categorised them, inevitably, into two different
groups. The industrial revolution brought in the concept of standardisation and mass production
and over the years, the type of goods and the nature of services available grew manifold. The
doctrine of ‘Caveat Emptor’ or ‘let the buyer beware’ which came into existence in the middle
ages had been replaced by the principle of ‘Consumer Sovereignty or ‘Consumer is the King’.
But, with tremendous increase in the world population, the growing markets were unable to meet
the rising demand which created a gap between the general ‘demand’ and ‘supply’ levels in the
markets. This to some extent watered down the concept of ‘Consumer Sovereignty’, what with
consumers being forced to accept whatever was offered to them. On the other hand, the
expanding markets necessitated the introduction of various intermediaries between the producer
and the ultimate consumer.
"Commercial purpose" does not include use by a consumer of goods bought and used by
him exclusively for the purpose of earning his livelihood, by means of a self-employment

Consumer means any person who,

(a) buys any goods for a consideration which has been paid or promised or partly paid and partly
promised, or under any system of deferred payment and includes any user of such goods other
than the person who buys such goods for consideration paid or promised or partly paid or partly
promised, or under any system of deferred payment when such use is made with the approval of
such person, but does not include a person who obtains such goods for resale or for any
commercial purpose; or

(b) hires or avails of any services for a consideration which has been paid or promised or partly
paid and partly promised, or under any system of deferred payment and includes any beneficiary
of such services other than the person who hires or avails of the services for consideration paid
or promised, or partly paid and partly promised, or under any system of deferred payment, when
such services are availed of with the approval of the first mentioned person but does not include
a person who avails of such services for any commercial purpose. [Section 2(1)(d)].
.
Therefore, to be a 'consumer' under the Act:

(I) the goods or services more likely than not been bought or hired or profited of for thought
which has
been forked over the required funds or to some degree or under any arrangement of deferred
installment, for example in respect of hire buy transactions;

(ii) goods bought ought not be intended for re-sale or for a business reason. Goods bought by a
vendor in the customary course of his business and those which are throughout his business to
supply would be esteemed to be for 're-sale; and

(iii) notwithstanding the purchaser of goods, or hirer or clients of services, any recipient of such
services, utilizing the goods/services with the endorsement of the purchaser or hirer or client
would likewise be regarded a 'consumer under the Act.

1.) Winner of lottery is not consumer

Byford v. S.S. Srivastava [1993]
In this case, Byford Motors inserted an advertisement in newspapers stating that a person
booking a premier Padmini Car could enter into a contest in a lottery conducted by them. Shri
S.S. Srivastava was one of the persons who was successful in the draw. He asked the dealers,
Mls. Byford Motors, to give him the value of two tickets which was refused and he was asked to
produce two passports to enable them to book the tickets. The complainant, however, produced
one passport immediately but the second after the end of the financial year. M/s. Byford Motors
refused to give the tickets on the ground that accounts of the financial year had been closed and
that they could not carry 'forward the liability of that year to the next financial year under the
provisions of the Income-Tax Act and Rules.
The Court held, that the complainant was not a consumer within the meaning of Sec.2 (1) (d)
of the Act. He had received the car for which he paid and there was no complaint to its
condition. The complainant's argument that this would fall under unfair trade practice as in Sec.
36A(4) of the MRTP Act, 1969, was also not accepted.

A person registering for gas connection is a consumer

Mohindra Gas Enterprise v. Jagdish Poswal(1993)
The present case is one in which payment of part consideration was deferred till the
gas connection was released. Hence, a person becomes a consumer of LPG right at the time of
registration for an LPG connection. The consumer who hires a service has
been defined in clause (ii) of Section 2(1) of the Act, according to which it is not necessary that
consideration should be paid at the time of hiring of service. If the transaction is supported by
consideration which has been paid or promised or partly paid or partly promised or under any
system of deferred payment, even then it will be a valid consideration for the hiring of the
service

Rendering warranty of free service

Vishwa Jyoti Printers v. Molins of India (1992)
Held, the warranty was a part of the composite contract for supply of the printing machine and
its maintenance for a period of Qne year. The consideration for service to be rendered under the
warranty is obviously included In the sale price of the machine.

Passengers travelling by trains are consumers

General Manager, Southern Railway v. Anand Prasad Sinha (1989)
it was held that passengers travelling by trains m payment of the stipulated fee charged for the
ticket are 'consumers' and the facility of transportation by rail provided by the railway
administration is a 'service' rendered for consideration as defined in the Act.

Subscribers of telephones would be consumers

Dist. Manager, Telephones, Patna v. Lalit Kumar Bajla (1989)
under the Act and accordingly are entitled to seek relief from Forums wherever necessary.
User of electricity is a consumer

Y.N. Gupta v. DESU(decided on 16.11.1992)

In this case, DESU did not raise the bills in keeping with the cycle normally adopted. It also did
not replace the defective meter. However, it issued a bill for Rs. 1.06 lakhs for a period of 1/4
years. The power connection was also disconnected but restored after a complaint with the
General Manager.
The National Commission ruled that the bills were casually prepared as much as the bills
reflected consumption in the five digits instead of four digits. Moreover, DESU had no power
to raise bills upon a defective meter. The National Commission concluded that there was
deficiency in service on the part of DESU and awarded a compensation.

RIGHTS OF CONSUMER

Right to safety
Means right to be ensured against the promoting of goods and services, which are unsafe to life
and property. The bought goods and services profited of ought meet their quick needs, yet
additionally satisfy long haul interests. Before buying, consumers should insist on the nature of
the items just as on the assurance of the items and services. They ought to preferably buy quality
checked items, for example, ISI, AGMARK, and so forth

Right to choose
Means right to be assured, wherever conceivable of access to assortment of goods and services at
serious cost. If there should be an occurrence of syndications, it implies right to be assured of
satisfactory quality and administration at a fair cost. It additionally incorporates right to essential
goods and services. This is on the grounds that unrestricted right of the minority to choose can
mean a disavowal for most of its fair share. This right can be better practiced in a serious market
where an assortment of goods are accessible at serious costs.
Right to be educated
Means right to be educated about the quality, amount, strength, purity, standard and cost of
goods in order to secure the consumer against unfair exchange practices. Consumer should insist
on getting all the data about the item or administration before making a decision or a choice. This
will empower him to act shrewdly and responsibly and furthermore empower him to stop from
falling prey to high pressure selling methods.

Right to consumer education

Means the right to acquire the information and aptitude to be an educated consumer all through
life. Obliviousness of consumers, especially of provincial consumers, is for the most part
responsible for their abuse. They should know their rights and should practice them. At exactly
that point real consumer insurance can be made with progress.

Right to be heard
Implies that consumer's interests will receive due thought at fitting discussions. It additionally
remembers right to be represented for different discussions framed to think about the consumer's
welfare. The Consumers should shape non-political and non-business consumer associations
which can be given representation in different boards framed by the Government and different
bodies in issues relating to consumers.

Right to Seek redressal

Means right to seek redressal against unfair exchange practices or deceitful misuse of consumers.
It additionally incorporates right to fair settlement of the authentic complaints of the consumer.
Consumers must submit question for their real grievances. Many multiple times their grumbling
might be of little worth however its impact on the general public all in all might be extremely
huge. They can likewise take the assistance of consumer associations in seeking redressal of their
complaints.