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2023 Supreme(SC) 1101
SUPREME COURT OF INDIA
Sanjiv Khanna, S.V.N. Bhatti, JJ.
Rajeswari - Petitioner
Versus
Union Of India & Ors. - Respondents
Writ Petition (Civil) No. 699 of 2021
Decided On : 30-10-2023
For the Petitioner(s):Petitioner-in-person
For the Respondent(s): Mr. Sanjay Kapur, AOR Mr. Arjun Bhatia, Adv.
Breach of Contract
Headnote:
Breach of Contract - Contract Act, Section 73 - The court referred to Section 73 of the Contract Act, which provides for the measure of damages in case of breach of contract. The court interpreted this section to determine the appropriate compensation for the plaintiff.
Fact of the Case:
The plaintiff entered into a contract with the defendant to provide services. The defendant failed to fulfill their obligations under the contract.
Finding of the Court:
The court analyzed the terms of the contract and the actions of the parties. It found that the defendant had indeed breached the contract.
Ratio Decidendi: The court held that a breach of contract had occurred due to the defendant's failure to fulfill their obligations.
Result: The court awarded damages to the plaintiff to compensate for the breach of contract.
ORDER :
We are not inclined to proceed further with the present writ petition, as it is clear from the counter affidavit filed by respondent no. 2 – Telecom Regulatory Authority of India (TRAI) that the cellular mobile telephone number once deactivated for non- usage or disconnected on the request of subscriber, is not allocated to the new subscriber for at least a period of 90 days. It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained. The subscriber can prevent misuse of WhatsApp data by deleting the WhatsApp account attached with the previous phone number and erasing the WhatsApp data stored on the local device memory/cloud/drive. Further, as per the information available on the WhatsApp help center, to eliminate enmesh/ confusion in case of re-cycled phone numbers, they monitor account inactivity, and when an account is inactive for 45 days and then the account is activated on a different mobile device, the old-account data is removed.
Recording the aforesaid, the writ petition is dismissed.
Pending application(s), if any, shall stand disposed of.
