Professional Documents
Culture Documents
School of Law
Internship Report
Semester:- IV
Submitted by:-
Nikhilesh Mallick
BBA. LL.B.(Hons.)
2015BBLH024
29/08/2017
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TABLE OF CONTENTS
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ACKNOWLEDGEMENT
My sincere thanks to Ms. Anika (Bajpai) Tiwari for guiding me a long way and
for successful completion of my internship within the time frame, whose
patience and faith in my abilities always boosted my confidence.
I am also thankful to Adv. Mr. Sujay Kumar Mallick for providing me with the
conceptual base and for their timely and valuable suggestions.
Date: 28/08/2017
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1. DECLARATION
Nikhilesh Mallick
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2. EXECUTIVE SUMMARY
1. The summary of research of cases done - The cases that were allotted to
me were majorly on Consumer Protection and Family Matters.
2. Practical knowledge - The report throws light in my day to day
experience about the agreements and the court visits as well as the
clerical work done.
3. Day to day report of my internship.
4. My learning outcomes.
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3. LIST OF CASES REFERRED
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REPORT
(a) a person who is, or has been, or is qualified to be a District Judge, who
shall be its President;
(b) two other members, one of whom shall be a woman, who shall have the
following qualifications, namely:—
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(iii) be persons of ability, integrity and standing, and have adequate knowledge
and experience of at least ten years in dealing with problems relating to
economics, law, commerce, accountancy, industry, public affairs or
administration:
(a) has been convicted and sentenced to imprisonment for an offence which, in
the opinion of the state Government involves moral turpitude; or
(d) has been removed or dismissed from the service of the Government or a
body corporate owned or controlled by the Government; or
(e) has, in the opinion of the state Government, such financial or other interest
as is likely to affect prejudicially the discharge by him of his functions as a
member; or
(1A) Every appointment under sub-section (I) shall be made by the State
Government on the recommendation of a selection committee consisting of the
following, namely:—
(iii) Secretary incharge of the Department dealing with consumer affairs in the
State — Member.
Provided that where the President of the State Commission is, by reason of
absence or otherwise, unable to act as Chairman of the Selection Committee, the
State Government may refer the matter to the Chief Justice of the High Court
for nominating a sitting Judge of that High Court to act as Chairman.
(2) Every member of the District Forum shall hold office for a term of five
years or up to the age of sixty-five years, whichever is earlier:
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Provided that a member shall be eligible for re-appointment for another term of
five years or up to the age of sixty-five years, whichever is earlier, subject to the
condition that he fulfills the qualifications and other conditions for appointment
mentioned in clause (b) of sub-section (1) and such re-appointment is also made
on the basis of the recommendation of the Selection Committee:
Provided further that a member may resign his office in writing under his hand
addressed to the State Government and on such resignation being accepted, his
office shall become vacant and may be filled by appointment of a person
possessing any of the qualifications mentioned in sub-section (1) in relation to
the category of the member who is required to be appointed under the
provisions of sub-section (1A) in place of the person who has resigned:
(3) The salary or honorarium and other allowances payable to, and the other
terms and conditions of service of the members of the District Forum shall be
such as may be prescribed by the State Government.
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Section 16 of the Consumer Protection Act 1986:
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body corporate owned or controlled by the Government; or
(e) has, in the opinion of the State Government, such financial or other interest,
as is likely to affect prejudicially the discharge by him of his functions as a
member; or
(f) has such other disqualifications as may be prescribed by the State
Government.
1B.
(i) The jurisdiction, powers and authority of the State Commission may be
exercised by Benches thereof.
(ii) A Bench may be constituted by the President with one or more members as
the President may deem fit.
(iii) If the members of a Bench differ in opinion on any point, the points shall be
decided according to the opinion of the majority, if there is a majority, but if the
Members are equally divided, they shall state the point or points on which they
differ, and make a reference to the President who shall either hear the point or
points himself or refer the case for hearing on such point or points by one or
more or the other members and such point or points shall be decided according
to the opinion of the majority of the members who have heard the case,
including those who first heard it.
The salary or honorarium and other allowances payable to, and the other terms
and conditions of service of, the members of the State Commission shall be
such as may be prescribed by the State Government.
Provided that the appointment of a member on whole-time basis shall be made
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by the State Government on the recommendation of the President of the State
Commission taking into consideration such factors as may be prescribed
including the work load of the State Commission.
Every member of the State Commission shall hold office for a term of five years
or up to the age of sixty-seven years, whichever is earlier: Provided that a
member shall be eligible for re-appointment for another term of five years or up
to the age of sixty-seven years, whichever is earlier, subject to the condition that
he fulfills the qualifications and other conditions for appointment mentioned in
clause (b) of sub-section (1) and such re-appointment is made on the basis of the
recommendation of the Selection Committee:
Provided further that a person appointed as a President of the State Commission
shall also be eligible for re-appointment in the manner provided in clause (a) of
sub-section (1) of this section:
Provided also that a member may resign his office in writing under his hand
addressed to the State Government and on such resignation being accepted, his
office shall become vacant and may be filled by appointment of a person
possessing any of the qualifications mentioned in sub-section (1) in relation to
the category of the member who is required to be appointed under the
provisions of sub-section (1A) in place of the person who has resigned.
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1. Arjun Singh v. M/s Raj Radio and Airtel DTH Services
Facts:
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2. Nilima Soni v. Oriental Insurance Company & Others
(In District Consumer Forum of Bhopal under Section 12 of
Consumer Protection Act, 1986)
In brief for: Respondent
Facts:
Mili Soni was registerd and put into “Happy Family Floater
Bima Policy”.
At the time of taking the policy by the complainant, Mili Soni
was unmarried and was fully dependent on her family.
But later, in the month of June 2010, Mili Soni got married.
According to the rules and regulations of the policy, her name
must have been removed from the policy soon after she got
married. But this was not the case and neither did the
complainant inform the respondents about the said matter.
During the renewal of the policy on 25/02/2011, Mili Soni was
still registered as an unmarried woman.
Later, she was admitted to Yashodara Aspatal in Ghaziabad
for a gastro surgery.
But, when the claim was required to fund for the gastro
surgery, the respondents found about the marital status of Ms.
Mili Soni.
Ultimately, the claim was not given.
As per the rules and regulations of the said policy claim can
only be provided to a widow or an unmarried woman.
The complaint remains pending before the District Consumer Forum of Bhopal
at the time of making this report.
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3. O.N.S. Trust v. Ramkrishna Dubey
(In the Madhya Pradesh State Consumer Disputes Redressal
Commission )
In brief for: Appellant
Facts:
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Interest payable on the above per principle amount at the rate
of 7% annum.
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4. Dr. R.S. Parihar v. United India Insurance Company &
Others
(In the District Consumer Forum of Bhopal)
In brief for: Respondent
Facts:
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Deduction according to depreciation is mentioned under
Section 1 of the rules and regulations of the policy.
The complainant on 25/06/2012 showed an amount of 56,760/-
which was not at all relevant or reasonable to the real accident.
As per bill no. 2 presented by the complainant, damages for
strut assembly (front suspension) left hand side have also been
charged. On “Stimet Date(30/05/2012), there was no
description of this point.
The bill also added the expenses for tube tyre, engine oil, oil
filter, etc. which is not covered under any claim.
There were minor damages on the right hand side of the vehicle
but the complainant was also claiming left hand side damages
unnecessarily.
The complainant is knowingly claiming more than what has
been the real damage to the vehicle.
The present complaint is pending before the District consumer Forum, Bhopal
at the time of making this report.
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5. Oriental Insurance Company (Satna) v. Venkat Raj Mandig
(In the Madhya Pradesh State Consumer Disputes Redressal
Commission)
In brief for: Appellant
Facts:
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When the appellant found that the car met with an accident
during theft, which was not covered under the policy, the claim
was consequently cancelled.
District Consumer Forum of Satna ordered the appellant to pay Rs. 1,34,957/-,
according to the surveyor’s report and Rs 1,000 for litigation expenses, interest
payable on the above per principle amount at the rate of 6% per annum.
Aggrieved by the order of the Subordinate Forum, the appellant has appealed
before the State Consumer forum under Section 15 Consumer Protection Act,
1986.
Grounds of Appeal:
The appeal was pending before the State Consumer Forum at the time of
making this report.
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6. Arun Kumar Bhuraria v. M/s Surjjet Hyundai & Others
(In the District Consumer Forum of Bhopal)
In brief for: Complainant
Facts:
Prayer:
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b) To pay for the mental and physical agony faced by the
complainant, Rs. 25,000/-.
c) To cover for the litigation expenses, Rs. 5,000/-.
d) Any other remedy which is deemed fit by the District Forum.
The complaint was pending before the District Consumer Forum of Bhopal at
the time of making this report.
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7. Bharat Exim ‘N’ Handicrafts Pvt. Ltd. V. SBI General
Insurance Company Ltd.
(In the Madhya Pradesh State Consumer Disputes Redressal
Commission)
In brief for: Bharat Exim ‘N’ Handicrafts Pvt. Ltd.
Facts:
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The claim was received “Under Protest” by the complainant.
The State Consumer Forum has the jurisdiction to hear the case as
it falls under its territorial jurisdiction and the claim is above Rs.
1, 00, 00,000. The issue was raised in Indore.
Prayer:
The suit was pending before the State Consumer Forum at the time of making of
this report.
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8. Oriental Insurance Company v. Durgesh Sayyam
(In the Madhya Pradesh State Consumer Disputes Redressal
Commission)
In brief for: Appellant
Facts:
Grounds of Appeal:
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iv. The Subordinate Court did accept that more than registered number
of passengers were travelling in the vehicle at the time of accident
but still ruled against the appellant.
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9. Chandni Rajput (Meshram) v. Kamal Rajput
(In the Family Court (No. 1) , Bhopal)
In brief for : Kamal Rajput
Facts:
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INTERNSHIP ACTIVITY DIARY
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CONCLUSION
My Advocate guide and his juniors were very supportive who understood the
fact that I was a novice hence my internship was confined to basic
knowledge that they thought was required for me. I am thankful to the
guidance that was provided to me by the guide and the time he spared for
me.
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LEARNING OUTCOMES
I was also asked once to type few sections of the Consumer Protection Act 1986
which helped me gain more knowledge about the laws prescribed by the
government which helps in commercial as well as personal transactions.
It helped me to learn how to give back to the society and bring about a change
in the way things work. It most importantly taught me the significance of team
work in our life. While working with other interns and other members under my
advocate, I learnt how teamwork can help bringing about a difference in the
society and how easy the toughest situations become.
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BIBLIOGRAPHY
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