Judgment Writing Competition Proposition

1. Mr. Spector is a software engineer working with EDGE, a software development company. He
has a very hectic working schedule due to which he hardly gets any leave. Due to the nature of
the work in the company if any employee is planning to take any leave he has to apply for it in
advance several weeks before. Within his busy work schedule and relocation Mr. Spector
frequently shifts to a different city once in every two or three years. He planned for the
relocation/ shifting to ANGLO in the third week of August, as he had taken a leave to buy a
house and settle in the meanwhile.

2. Bank of Newland is a renowned bank in NEWLAND that provides all types of banking
services to its customers including aadhar processing. In furtherance of his plan to shift to
ANGLO he contacted the bank as his aadhar had expired, and he needed it before he could lease
a house in ANGLO.

3. The executive of the bank manager met Mr. Spector and briefed him about the services
provided by the company. Mr. Spector was mostly concerned with the aadhar process. The
executives of the bank assured him that aadhar is usually issued between 10 to 15 days and will
not take more time than that.

4. Mr. Spector was interested in booking the apartment to rent through VOEDGE Company from
ANGLO. Nonetheless bank advised him to book flight tickets from Yakas to Sailshore, as his
aahdar would be ready when he arrives in Sailshore. He accepted the advice of the bank and
booked tickets from Yakas to Sailshore on 13.08.2019 at departure at 6:00am Yakas, arrival at
9:15am Sailshore.

5. Mr. Spector was provided with a list of documents necessary for the aadhar processing on
17.07.2019 by Mr. Acronym of Bank of Newland. He asked Mr. Spector to give the documents
to him personally so that he could inspect it and send it to their head office at Pinayee so that
aadhar application process could be initiated with the UIDAI.

6. Mr. Spector submitted the requisite documents to the bank on the evening of 21.07.2019 at the
reception desk of the bank but by that time Mr. Acronym has already left the office. Therefore
Mr Spector talked to Mr. Acronym who directed the receptionist to dispatch the documents
instantaneously.

7. Mr. Spector on 30.07.2019 got a call from the Bank of Newland , Pinayee office that
additional documents are required from him to complete the aadhar process. Mr. Spector was
very disappointed with the bank as yet his documents were not submitted to the UIDAI.

8. The travel bank informed him that there were several public holidays between 21.07.2019 to
31.07.2019 due to which his aadhar application was delayed. He was also informed that the
documents were dispatched only on 24.07.2019 and received in Pinayee office on 27.07.2019.
Saturday and Sunday the UIDAI was closed. On 30.07.2019 the bank realized that some
documents were missing so they contacted Mr. Spector.

9. Bank of Newland apologized to Mr. Spector and requested him to send the requisite
documents as soon as possible. Mr. Spector took a day off from work and sent the required
documents to the Pinayee office of the bank by courier on 31.07.2019. The bank received the
documents on 01.08.2019.

10. Bank of Newland deposited the required documents to the UIDAI for aadhar on 01.08.2019.
Mr. Spector was highly dissatisfied with the working of the bank. Nevertheless, he was assured
by the bank that the aadhar would be issued within the timeframe as all documents are now in
order.

11. On 11.08.2019, aadhar was finally issued to Mr. Spector by the UIDAI. Bank received the
aadhar on behalf of the Mr. Spector and sent him a snapshot of it on WhatsApp. Relieved Mr.
Spector requested the bank to deliver the aadhar to him immediately. Bank of Newland executive
advised him that due to shortage of time it would be better to deliver the aadhar to the Sailshore
branch of Bank of Newland instead of NEWLAND where Mr. Spector resides in. The bank
promised Mr. Spector that they would deliver the aadhar to him on the day of the registration of
apartment lease at the RTI office , 13.08.2019 before 2pm when the RTI office had assigned the
time for registration of lease.

12. Mr. Spector left NEWLAND on 13.08.2019 along with his two children’s and wife to
Sailshore. He arrived at Sailshore airport by 9:15am as his flight was scheduled to arrive, they
left after collecting their luggage directly to the RTI office where an employee of VOEDGE
Company was waiting for registration of lease. Mr. Spector waited at the RTI office in Sailshore
for his aadhar but he received it at 5:00 PM by that time he missed his lease registration
appointment.

13. Mr. Spector was enraged at the bank as it was due to their irresponsible behaviour he was left
stranded with his family outside the RTI office in Sailshore. On top of it he was later on
informed that the advance paid for the rent was non-refundable as it was done in the last minute.

14. It was really very painful for Mr. Spector as he has lost lot of money, along with the fact that
his family has to go through lot of mental trauma and embarrassment. Due to anger and
frustration, he wrote on his twitter page that “Bank of Newland is a cheat and Fraud bank with
no ethics and no one should ever try to issue aadhar with the help of the bank”.

15. Further, Mr Spector uploaded a picture of his entire family stranded with their luggage on the
streets outside the RTI office, Sailshore while they were waiting for the aadhar that failed to
arrive on time along with a detailed post placing the entire blame on the bank. He ended the post
with #BankofNewlandsucks and a logo of the bank.
16. The social media outrage of Mr. Spector stuck a cord with the general public. In no time the
Facebook image was shared several hundred times and his tweet was retweeted several thousand
times. The hashtag started by Mr. Spector was trending the very next day. The incident drew
widespread condemnation on the internet.

17. Mr. Spector sued Bank of Newland before the NEWLAND High Court for negligence. He
claimed a sum of Rs. 50 lakhs towards non-refundable rent advance, hotel reservations, mental
trauma, agony etc. suffered by him and his family owing to the negligence on the part of
company.

18. Bank of Newland defended the suit on the ground that the issuance of a aadhar is not within
their control and is the sole discretion of the UIDAI. Any delay cannot be attributed to the
company. They further claimed that Mr. Spector too was responsible for not having submitted
the documents in order.

19. Bank of Newland on the other hand filed a counterclaim against Mr. Spector alleging that
due to Mr. Spector malicious allegations against the bank on social media it has suffered a
tremendous loss of reputation and good-will. The social media post was defamatory and false.

20. Trial proceedings have been completed and the case is due for final hearing.

NOTE: Participating teams are to identify the cause title, court of institution of the suit and
the relevant issues.

**Newland is a state within the country of Indica, and all laws are in pari materia to the
Indian Laws**