(a) Grievance Redressal under The Sales of Goods Act, 1930:
1. Understanding the Situation:
- Mr. Das viewed the sample and agreed to purchase 200 kg of basmati rice at ₹150 per kg.
- Sample Issue: The sample contained a mix of long and short grain rice, which Mr. Das did not notice.
- Complaint: A customer returned the rice complaining about the mixed quality.
Provisions of The Sales of Goods Act, 1930:
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Section 17 (Sale by Sample):
- When a contract is made by sample, the bulk must correspond with the sample in quality.
- Mr. Das received exactly what was shown in the sample, fulfilling this provision. There is no deviation from the sample.
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Section 15 (Sale by Description):
- When goods are sold by description, the goods must correspond with that description.
- If Mr. Das did not specify the requirement of length in the contract and based the purchase on the sample alone, this section would not apply directly to his situation initially.
Options for Grievance Redressal:
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Acceptance of Bulk Matching Sample:
- Since the bulk matched the sample, Mr. Das might not have a strong legal case against the wholesaler if the sale was agreed based solely on the sample without additional specifications.
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Action Based on Implied Conditions:
- Though Mr. Das has limited recourse, he might argue under implied conditions that the goods should be reasonably fit for the general purpose they were bought for (Sec 16). If the mixed quality impairs usability, it might provide a ground for dispute.
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Resolution Outside Court:
- Mr. Das could discuss the discrepancy with the wholesaler, possibly negotiating a partial refund or exchange considering the practical business relationship.
If Mr. Das Specified Exact Requirements:
- Specific Requirement (Length of Rice):
- If Mr. Das had explicitly mentioned the requirement of uniform length in the purchase contract, the delivery of mixed lengths would be a breach of the contract under Section 15.
- Legal Recourse:
- Mr. Das could reject the goods and sue for damages or seek replacement as per the exact terms of the contract.
(b) Classification of Companies Based on Control as per The Companies Act, 2013:
The Companies Act, 2013 classifies companies based on their control structure as follows:
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Holding Company:
- A company that controls another company (called a subsidiary) either by virtue of holding more than 50% of its equity share capital or controlling the composition of its board of directors.
- Example: Tata Sons Ltd. is a holding company for various Tata group companies.
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Subsidiary Company:
- A company that is controlled by another company (holding company).
- Example: Tata Motors is a subsidiary of Tata Sons Ltd.
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Associate Company:
- A company in which another company has a significant influence, but not control or joint control.
- Significant influence means holding at least 20% of total share capital or control over business decisions under an agreement.
- Example: Generally, companies where there's a substantial shareholding but not complete control in decision-making can be termed as associates.
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Joint Venture:
- A business arrangement where two or more parties agree to pool their resources for accomplishing a particular task.
- Each participant is responsible for profits, losses, and costs associated with it.
- Example: Maruti Suzuki India Limited can be considered as initially a joint venture between Maruti Udyog Limited and Suzuki Motor Corporation.
These classifications ensure proper governance and legal clarity in the management, operations, and regulatory compliance of the companies involved.