Professional Documents
Culture Documents
Consumer
Consumer
Protection
Act,1986Consumer is King.
Caveat Emptor not applicable.
Presided by
Pecuniary lt
District Commission
Qualified to be
District Judge
Upto 20 lacs
State Commission
Qualified to be HC
judge
20 lacs to 1 crore
National Commission
Qualified to be SC
jude
Above 1 crore
Complaint Causes
Forums entertain cases for following causes:
Goods have defect;
Services are deficient;
An unfair or restrictive trade practice has
been adopted;
Goods hazardous to life and safety are being
offered for sale; or
A price higher than that mentioned on the
package or as reqd by the law, is being
charged.
(c) Dr Charu Mathur
Who is a consumer?
Cont
iii) Class action complaints - one or more
consumers, where there are numerous
consumers having the same interest.
iv) The Central Government
v) The State Government or Union
Territory Administrations.
(c) Dr Charu Mathur
Case-study
1. Rahul bought TV set from an electronic store for personal use at home. Is he a
consumer?
2. Raj on holiday with his family hired a taxi service. The taxi was in poor
condition, the driver rode rashly, car had a breakdown and Raj and family
could not reach airport on time. Is Raj a consumer?
3. Ajay bought pressure cooker for use by his family. His wife Suman was using
the cooker it burst. Is Ajay a consumer? Is Suman a consumer?
4. Akash runs a laundry shop. He bought a washing machine from an electronic
shop for using it at his shop. The machine was installed at his shop. The
machine was defective right from the time it was installed. Is Akash a
consumer?
5. Arora is a computer vendor. Hr brought 1000 iPads from Apple Inc for reselling
to other computer vendors. Is Arora a consumer?
6. Vijay bought cycles for purpose of hiring them to tourist who visits his
hometown Shimal. Rohan on his visit to shimla hired cycle from Vijay. The
cycle was defective and on uphill ride its handle broke and Rohan sustained
injuries. Is Vijay a consumer? Is Rohan a consumer? If yes then uder which s.
2(d)(i) or 2(d)(ii)?
(c) Dr Charu Mathur
PROCEDURE ON RECEIPT
OF COMPLAINTS
COMPLAINT WHERE LABORATORY
TESTING IS POSSIBLE OR
REQUIRED.
DEFICIENCY IN SERVICE
Meaning
Section 2(1) (g) of the Act provides that,
deficiency means any fault,
imperfection, shortcoming or inadequacy
in the quality, nature and manner of
performance which is required to be
maintained by or under any law for the
time being in force or has been
undertaken to be performed by a person in
pursuance of a contract or otherwise in
relation to any service.
(c) Dr Charu Mathur
Meaning Of Service
[u/s 2(1)(o)]
Service of any description which is
made available its potential users
and includes but not limited to the
provisions of facilities in connection
with banking, financing, insurance,
.. But does not include the
rendering of any service free of
charge or under a contract of
personal service.
(c) Dr Charu Mathur
Examples
Bank of Maharashtra v/s Mrs Jyothi Satya
When the locker facility is provided by the
bank, the relationship b/w the bank and hirer of
a locker is not that of a landlord and tenant.
In event of loss of contents of lockers as a
result of robbery, the bank will be liable for
deficiency of service.
Examples
Delay caused in returning of baggage
or tampering with baggage.
Failure in informing the unavailability
of a connecting flight.