CONSUMER PROTECTION

Concepts and defnitions

What is a Complaint ?

The complainant has sufered loss or

damage as a result of any unfair trade
practice adopted by any trader or service
provider;

The goods mentioned in the complaint

sufer from one or more defects;

Theservices hired or availed sufer from

defciency in any respect;
Contd.

The trader or service provider has charged for the

goods or for the service a price in excess of the price

(a)fxedby or under any law for the time being in

force

(b)displayedon the goods or any package containing

such goods ;

(c)displayedon the price list exhibited by him by or

under any law for the time being in force;

(d)agreed between the parties;

The goods or services which will be hazardous to life

and safety when used are being ofered for sale to
public
Who is a Consumer ?

! consumer is a person who buys or hires and

goods or services for aconsideration" ie free
services are not covered under the !ct

#t excludes a person who buys or hires for

commercial purpose$activity and not for self%
consumption

Therefore" you are a consumer" if you have paid

for anything for self consumption" andnot hired
or purchased for selling it further or to be
deployed in a commercial activity on alarge
scale" as was held inLaxmi Engineering Works
s! "!#!$! %ndustrial %nstitute on & !pril" '(()
What is ommerial purpose ?

Commercial purpose encompasses all

business activities #t means occupied
with commerce

!ll such cases where goods are

purchased for being used in any activity
directly to generate proft will come
under the purview of commercial
purpose *g
% +urchase of printing machine for
commercial purpose" purchase of taxi for
commercial purpose" purchase of
machine in a plant or factory etc
Contd.

*xceptions,
#f the goods are used by the buyer
himself exclusively for purpose of self%
employment or earning his livelihood
then same will not come under the
purview of commercial purpose
eg ! purchase of truc- as public carrier
for self employment; ! starts a small +C.
shop to earn his livelihood etc
What is de!et ?

/efect mean lac- or absence of

something essential for completeness

0o if there is any shortage in the 1uality

of goods" it amounts to defect in goods
eg T2 set purchased developed with
blac- spots on its picture tube; gas
cylinder with excessive gas etc
What is de"ien# ?

/efciency means any fault" imperfection"

shortcoming or inade 1uacy in the 1uality"
nature and manner of performance which
is re1uired to be maintained by or has
been underta-en to be performed by a
person in pursuance of a contract or
otherwise in relation to any service
3ence" defciency refers to the service
and defect refers to any goods
$e"ien# in Ser%ies

4e have read defciency" now lets read

services,
5service5 means service of any description
which is made avail able to potential users and
includes" the provision of facilitiesin
connection with
% ban-ing"
% fnancing insurance"
% transport"
% processing"
% supply of electrical or other energy"
Contd.
% board or lodging or both"
% housing construction"
% entertainment" amusement or the
purveying of news or other information"
but does not include the rendering of any
service free of charge or under a contract
of personal service
Contd.

0o services means services made

available to potential users that is not
only to actual users bit also the those
who are capable of using it;

#t should not be free of charge;

#t should not be under a contract of

personal service
3ence defciency as explained earlier in
mentioned services amount to defciency
in services under the !ct
Un!air Trade Pratie

!ny trade practice which for the purpose

of promoting the sale" use or supply of
any goods or for provision of any
services" adopts any unfair or deceptive
practice including any of the following
practices,
% falsely representing the goods as
conforming to a particular standard"
1uality" 1uantity" potency" purity;
% falsely representing the services are of a
particular standard" 1uality or grade;
Contd.
% falsely representing any re%built" second
hand" renovated" reconditioned or old
goods as new goods;
% falsely representing that the goods or
services have a certain sponsorship or
approval or a6liation" characteristics"
accessories" use or benefts;
Contd.
% misleading representation concerning
the need for" or the usefulness of any
goods or services;
% giving any warranty or guarantee of the
performance of e6cacy of the product
without any proper test thereof