Unit 3 of Drafting, Pleading and Conveyancing – I (syllabus: Module III — consumer complaint, appeal and revision under the Consumer Protection Act 2019, general and special powers of attorney, agreement for sale, franchise agreement and confidentiality agreement). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Who is a consumer, and why must the complaint plead it expressly?
- How are pecuniary and territorial jurisdiction and limitation pleaded in a consumer complaint?
- What is the difference between a defect and a deficiency, and what reliefs follow?
- When does an appeal lie under the consumer law and when only a revision?
- What distinguishes a general from a special power of attorney, and what can a power never do?
- How must a power of attorney be authenticated if the attorney is to present a document for registration?
- Why does an agreement for sale create no interest in the property, and what must it therefore contain?
- Which contract rules shape a franchise agreement and a confidentiality agreement, and which clauses are void?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Consumer Protection Act 2019, s. ss. 2(5), 2(6) and 2(7)
- Consumer Protection Act 2019, s. ss. 34(1), 34(2), 47(1)(a)(i), 58(1)(a)(i) and 69
- Consumer Protection Act 2019, s. ss. 2(10), 2(11), 2(42), 38 and 39
- Consumer Protection Act 2019, s. ss. 41, 47(1)(b), 51, 52, 58(1)(b), 67 and 68
- Powers-of-Attorney Act 1882, s. ss. 1A, 2, 3 and 5
- Registration Act 1908, s. ss. 32 and 33, with Powers-of-Attorney Act 1882 s. 4
- Transfer of Property Act 1882, s. ss. 54 and 55(1)(d), with Indian Contract Act 1872 ss. 29, 55 and 73
- Indian Contract Act 1872, s. ss. 23, 27, 29 and 73
Leading cases
- Western India Theatres v Ishwar Bhai; Suraj Lamp and Industries Pvt Ltd v State of Haryana