Legal Question in Civil Rights Law in India

prashant

can a stranger to contract sue upon the contract


Asked on 9/18/05, 5:34 am

1 Answer from Attorneys

Rajinder Ahluwalia Advocate Juridica Global Law Firm

Re: prashant

As per the law, a stranger to a contract cannot sue but there are very few exceptions to the general rule of law that a stranger to a contract cannot sue, as was held in the case titled : Dinesh Bhagat v. Bajaj Auto Ltd. (1992) III CPJ 272

Example : A purchased a scooter which was in B�s possession from the date of purchase. B was using it and taking it to the seller for repairs and service from time to time. Later on B had a complaint regarding the scooter. He sued the seller. The seller pleaded that since B did not buy the scooter, he was not a consumer under the Act. The Delhi State Commission held that B, the complainant was using it with the approval of A, the buyer, and therefore he was consumer under the Act.

Mr. Prashant, you need to specify your problem. There may be a possibility that other course of action could be taken.

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Answered on 9/19/05, 1:02 am


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