The various legislations related to the consumer law protect the rights of a person as a consumer, whether it is of dispute regarding the sale and purchase of the goods/services, or it is of dispute regarding the quality of the goods. As a consumer, a person's rights are expressed as a series of "guarantees" that a seller automatically makes to you when you buy any good or service ordinarily purchased for personal use.(1)Apart from these dimensions of the dispute , the consumer law protects the rights of those consumers who engage in the distance selling. The concept of distance selling includes the selling and buying of the goods/services through the phone. mail etc. An increasing range of goods and services are available to consumers1 shopping in these ways2. The Businesses that normally sell by distance means, the have systems in place for trading in this way.(DSR)(2) the concept of distance selling always includes those elements specified in consumer protection acts. Like any other consumer law provisions, it needs a consumer, business; contracts-it should be a distance contract, financial service, Supplier, Working days regarding the business.
In given case, Sophie was given diamond ring by her aunt which was later modified by herself has been stolen by Lee, the burglar. Later on Sophie discovered this particular ring in Ebay from whom she came to know that the same has been kept for the exhibition by one Evan, who received this ring from his US based aunty .At present the ring is with the sandy who is the fianc of Evan. The issue in the problem is whether Sophie has to face any obstacles, if decided to recover the ring from Sandy and if so, what may be those obstacles.
Before stumble on the barriers, first we shall look upon the possible claims which can be raised by Sophie to recover the ring under various provision of the law. Since the particular ring was examined by the experts before the resetting, Sophie has enough evidence to prove the ring is possessed by her through the witness's testimony. Moreover
The photographs of the original pattern of ring has been taken .So the connection of original and modified rings can clearly be proved.(evi)(3)
Moreover, Sophie can claim the possession of the ring on the basis of report of Birmingham Jewellery Quarter where she valued the ring as well as on the report of insurance company where the ring was insured. The company has already compensated her also. Apart from this, Lee the burgler already pleaded guilty about the stolen ring among other thing, even though he has given vague statement on this matter. The enquiries by the Ebay also showed that ring was owned by them originally, but a