Onus To Prove Deficiency In Service Is On The Complainant

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10/2021

Onus To Prove Deficiency In Service Is On The Complainant

In SGS INDIA LTD. vs DOLPHIN INTERNATIONAL LTD, the Supreme Court has held that the onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. If the complainant is able to discharge its initial onus, the burden would then shift to the respondent in the complaint. The rule of evidence before the civil proceedings is that the onus would lie on the person who would fail if no evidence is led by the other side.

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