Law...Consumer Protection Act, 1986

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Transcript of Law...Consumer Protection Act, 1986

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    According to [ sec. 2 (1) (d) ]A consumer is a person who

    i) Buys anygoods for a consideration; or

    ii) Hires or avails of anyservices for aconsideration;

    iii) Uses the goods with the approval of theperson who has bought the goods forconsideration;

    iv) Is beneficiary ofservices with the approvalof the person who has hired the services forconsideration.

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    According to [ sec. 2 (1) (m) ]

    A person includes

    i) A firm whether registered or not;

    ii) A Hindu Undivided Family;iii) A Co-operative Society;

    iv) Every other association or persons whetherregistered under the Societies Registration Act, 1860

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    A person is not a consumer..

    i) He obtains the goods for resale or for anycommercial purpose;

    ii) Buys goods without consideration;iii) Hires or avails of any services withoutconsideration;

    iv) Uses the goods without the approval of the person

    who has bought the goods for consideration;

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    v) Is beneficiary of services without the consent of

    the person who has hired the services forconsideration [ sec. 2 (1) (m) ]

    vi) He obtains services under a contract of personalservices.

    vii) He avails of services for any commercial purpose.

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    Goods:-

    Acc. To [ sec. 2(i) ] Goods means every, kind ofmovable property other than actionable claims and

    money.

    Services:-

    Acc. To sec. [ sec. 2 (o) ] Service means service of

    any description which is made available to potentialusers.

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    A service under a contract of personal service does notcome within the preview of service under the Act.

    Ex..a) A service offered by an Advocate to his Client isunder a contract of personal services therefore is notincluded in the definition of consumer..

    b) Service rendered by a private tutor is also an

    example of personal services.

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    The contract ofserviceimplies somerelationship

    Ex.. A master and a servant.

    Where in the contract forservice the personengages the service ofanother person where hecan only order what is tobe done. Fee and chargesare pay

    Ex.. Installation oftelephone

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    1) Bank customers;

    2) Subscribers of telephones;

    3) Consumer of electricity;

    4) A passenger travelling by train; 5) A patient receiving medical treatment;

    6) A depositor of money;

    7) A beneficiary of services;

    Ex. Nominee of the insured 8) Person allotted plots/houses by State Housing Board;

    9) Nominee of a person insured under LIC.

    10) An employee- member of PF

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    1) A patient receiving medical treatment in Govt. Hospital;

    2) A client hiring services of an Advocate;

    3) A student hiring services of a private tutor;

    4) Person who obtain goods for resale or for commercialpurpose;

    5) Tenant is not a consumer;( where terms of the lease didnot contain any provision of cleaning, maintenance etc.)

    6) Purchaser of shares or deb. for resale; 7) Govt. servant

    EX..

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    On a complaint before the Consumers Redressal Forumsagainst a person, who denies or disputes the allegationscontained in the complaint a consumer disputes arises.Separate allegation may form separate disputes

    requiring separate finding on each disputes.

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    Complainant before the consumer redressal forum canbe:

    1) A consumer;

    2) Any voluntary consumer association registered under

    the companies Act. 1956 or any other law for timebeing in force;

    3) The central Govt. or any state Govt.,

    4) One or more consumers, where numerous consumer

    having same interest;5) In case of death of consumer, his legal

    representative.

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    A trader is a person who

    - Sells goods; or

    - Distributes any goods for sale;

    - Manufacture of goods for sale;- Packer of goods who sells or distributes goods in

    package form [ sec. 2 (1) (q) ]

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    A manufacturer is a person who..

    - Makes or manufactures any goods or parts thereof; or

    - Assembles parts of the goods made or manufactured

    by others; or- Puts his own mark on any goods made or

    manufactured by any other manufacturer.

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    1) Unfair trade practice

    2) Restrictive trade practice

    3) Defects

    4) Deficiency 5) Excessive price

    6) Hazardous goods

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    The unfair trade practice means a trade practice which,for the purpose of promoting the sale, use or supply ofany goods or for the provision of any service, a traderadopts any unfair method or deceptive practice.

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    Restrictive trade practice is one which tends to bringsabout manipulation of price or its conditions ofdelivery or to affect flow of supplies in the marketrelating to goods or services in such a manner as to

    impose on the consumers unjustified costs orrestrictions.

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    Defects means any fault, imperfection or shortcomingin the quality, quantity, purity or standard which isrequired to be maintained by the trader by or underany law for the time being in force or under any

    contract express or implied or as is claimed by thetrader in any manner whatsoever, in relation to anygood [ sec. 2 (1) (f) ]

    Failure to deliver the full quantity as ordered is defect.

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    Deficiency means any fault, imperfection,shortcoming or inadequacy in the quality, nature &manner of performance which is required to bemaintain by or under any law for the time being in

    force or has been undertaken to be performed by aperson in pursuance of a contract or otherwise inrelation to any service [ sec. 2 (1) (g) ]

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    It is for complainant to establish that the trader hascharged for the goods mentioned in the complaint, aprice in excess of the price-

    - Fixed by or under any law for the time being in force;

    - Displayed on goods;

    - Displayed on any package containing such goods.

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    In respect of goods which are hazardous to life andsafety, traders shall display information regarding thecontents, manner and effect of use of such goods. Suchgoods offered for sale without such display or caution

    can be a case of complaints.

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    Prepared by :- Pankaj Moradiya

    MBA SEM- III