Ans 1)

A contract is an agreement enforced by law, made by atleast two parties by

which rights are acquired by one and obligations are created on part of another.
A contract may be handwritten, verbal, inferred from the conduct of the parties or
the circumstances of the case. Accordingly, contracts may be classified according to
the mode of formation as expressed and implied contracts. The contract may be of
different types based ona) Validity,
b) Mode of formation and
c) Mode of performance.
As per the case, Amit enter into the contract to deliver 20 bags of wheat at rate of
Rs. 400 to the floor mill owner Rakesh but fails to deliver and instead he delivers the
bags of wheat to Mahesh at the rate of Rs. 420 per bag on the decided due date
The expressions Unfair Trade Practices is defined to meet a trade practice which
for the purpose of promoting sale, use or supply of any goods or for the provision of
any service adopts any unfair method or deceptive practice.
Under the contract of sale, the seller is bound to send the goods to buyer within a
reasonable or fixed time. Therefore, the delivery goods can be actual, symbolic or
constructive.
These are the following actions or measure can be undertaken by Rakesh:

Being into contract he didnt delivered the goods.

Rakesh should take legal action against Amit.
As per business ethics a person should deliver his promise or contract on
which he got committed.
Rakesh should be repaid for the losses occurred due to void of contract.
In other way there is an alternate solution where rakesh can enter into
settlement for the losses occurred due to Amit and can recover the debts or
business.
This can be the last option to avoid future uncertainties done by Amit, which
is to not get indulge in any kind of business with Amit in future.
Or else, rakesh should enter into new contract on basis of best possible rates
to avoid future problems regarding prices.
Other possibility of this case can be, that rakesh neglects the cheat done by
Amit because he himself didnt bear any loss but decides not to enter in any
future business with Amit.

Ans 2)
As per the case mention, Soumya read the advertisement and decides to place an
order for vehicle to Hooty Motors by depositing the booking amount rs1000 in the
form of advance. Company assures to deliver the vehicle after the period of 3
months. But later soumya found that company has cheated by not delivering the
vehicle on the due date and also learned that the amount which was paid in
advance for the booking of the vehicle was not refunded by the company. Therefore
based on the case Saumya should take the following actions against the Hooty
motors-:

Delivery is a voluntary transfer of possession from one person to another [s.2

(2)]. Section 33 provides that delivery of goods sold may be made by doing
anything which the parties agree shall be treated as delivery or which has the
effect of putting the goods in the possession of the buyer. Wherein Soumya
should file a case against Hooty Motors as act of Fraud, where the company
promised to deliver but fails to do so on the due date. Moreover the company
denies for the refund of Rs. 1000.00 given as an advance by Soumya to the
company for the vehicle. As per business law it is certainly unethical and
unjustified of such step taken by the company in not adhering to their
promise of delivering the vehicle on due date nor refunding the money.

Consumer Forum is an Organization which is handling all kinds of consumers related concerns
involving multinational companies, malls, banks, utility services and so on to ensure that the

Soumya should register a complaint

through them against the company as an act of Cheat.
Other possibility of this case can be, Soumya directly approaches to the
company for the justification for the denial of advance amount and failure of
delivery or else can ask for the terms of settlements.
consumer gets its right with dignity and respect .