2000 (3) TMI 1091

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....he Court was delivered : The petitioner is a common carrier governed by the Carriers Act, 1865. It contends that under Section 14(l)(d) of the Consumers Protection Act, 1986 the Consumer Fora can direct payment of compensation to the consumer for loss or injury suffered by the consumer due to the 'negligence' of the opposite party and hence the burden of proof is on the complainant. It is....

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....Even assuming that Section 9 of the Carriers Act, 1865 does not apply to the cases before the Consumer fora under Consumers Protection Act, the principle of common law above mentioned gets attracted to all these cases coming up before the Consumer fora. Section 14(l)(d) of the Consumers Protection Act had to be understood in that light and the burden of proof gets shifted to the carriers by the ap....