Consumer Protection and Product Liability

The firm has defended consumer cases in over 48 cities/towns across India having represented various clients and particularly airlines in a variety of disputes relating to allegedly defective goods and/or allegedly inadequate services. The firm has also had the opportunity to litigate consumer cases that would ordinarily remain the domain of civil courts. We have successfully defended cases involving large cargo consignments and other recovery claims up to the Supreme Court of India on the ground that these were beyond the jurisdiction of the Consumer Courts. However, and on the other side, we have also successfully pursued a case that is now in appeal in the Supreme Court pursuant to our successful representation of a multi-national company that pursued a consumer complaint directly in the National Consumer Disputes Redressal Commission. The following two reported judgments represent the strength of our practice:

  • Delta Air Lines Vs. Harish Babu Bai Daruwala
    Citation: (2010) 14 SCC 775
  • Crompton Greaves Ltd. Vs. Daimler Crysler
    Citation: IV (2016) CPJ 469 (NC)

Having defended cases before several State Commissions and even in relation to unfair trade practices before the old Monopolies and Restrictive Trade Practices Commission as also before many District Fora, it would appear that the firm has sufficient exposure to consumer work, but we may also add that I.L.A. Pasrich & Company has handled more than 650 hearings in a year. Having promised to reduce the burden on our clients, we have tended to settle and conclude as many consumer cases as possible and thus we have generally managed to resolve or win over 55% of our client’s consumer cases within a year and often within a few months. We continue to have a network of associates and tested affiliates in the following cities:

I.L.A. Pasrich & Company has maintained a strong team for Product Liability which has resulted in our participation in the Getting the Deal Through series published by Euromoney. The 2016 edition is available here. As can be appreciated from this publication, the firm has experience and appreciation of this uncommon field of law due to our consumer case expertise as also original side practice involving allegedly defective products for which we have defended and pursued commercial arbitrations as also civil original side case disputes.

Contact for Consumer Cases and Product Liability d.harchandani@ilaindia.com