CONSUMERS PROTECTION ACT 1986

CONSUMERS PROTECTION ACT 1986

CONSUMER PROTECTION ACT,1986

CONSUMERS PROTECTION ACT 1986

(1) complaint
the word ‘complaint’ has been defined under section 2(1)(c) of the act complaint means any allegation in writing made by a complaintant that-

(1)an unfair trade practice or restrictive trade has been adopted by any trader or service provider
(2) the goods bought by him or agreed to be bought by him suffer from one or more defects
(3)the services hired for a valid of or agreed to be hired for a valid off by him suffer from deficiency in any respect.
(4)a trader aur service provider as the case may be as charged for the goods or for the services maintained in the complaint a price in excess of the price-
(A) fixed by or under any law for the time being in force.
(B) displayed on the goods or any package containing such goods.
(C)displayed on price list exhibited by him by or under any law for the time being in force
(D) agreed between the parties.

(5) goods which will be hazardous to life and safety when used, are being offered for sale to the public
(a) in contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;
(b) if trader could have known with due diligence that the goods so offered are unsafe to the public;

(6) services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by service provider which such person could have known with due diligence to be injurious to life and safety;
with a view to obtaining any relief provided by or under this act.
from the above definition it is clear that the complaint in written in necessary and the complaint may be for the following:
(a) an unfair or restrictive trade.
(b) defects in goods
(C) deficiency in services
(d) price charged in excess
(e) goods are hazardous to life and safety
(f) services are hazardous to life and safety

the complaint may be submitted before such district consumer forum, state consumer commission or national consumer commission where the reasons of complaint arise partly or wholly

You have been given important information in this article, you can read it and see about the Consumer Act

(2) CONSUMER’S
Section 2(1)(d) of the consumer protection act 1986 defines the expression”consumer”. according to it –
Consumer means any person who : (I) buys any goods for a consideration which has been paid or promised or partly paid and partly promised,or under any system of deferred payment and included any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised ,or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid for promised or partly paid and partly promised or under any system of deferred payment and include any beneficiary of such services other than the person who hires or avails of the services for a consideration paid or promise of partly paid and partly promise for under any system is deferred payment when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose.

EXPLANATION- for the purpose of this clause “commercial purpose” does not include used by a person of good bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of self employment
in simple language consumer means such person-
(I) who buys goods for a consideration
(ii) who use such goods as a result
(iii) who hire services or avails for a consideration
but such a person has not been treated ‘consumer’ who obtains or buys goods for the purpose of resale or commercial purpose.
good bought and used by a person and services availed by a person exclusively for the purpose of earning his livelihood by means of self employment do not cover under the preview of definition of commercial purpose.
the definition of ‘consumer’ is too wide. in the case of Vimal Chand Grover v/s Bank of India
a person who avails the facility for ‘overdraft’ from the bank has been considered as consumer by the supreme court.
similarly, in the case of ,regional provident fund commissioner vs Shiv Kumar Joshi ,the member employee of the provident fund scheme has been considered as a consumer by the supreme court. a person buying a machine for his livelihood has been considered as a consumer (kamleshwar Kashyap consumer protection cases 222 state commission Himachal Pradesh)
farmers who are buying seeds on payment of cost are considered as consumers. they can make a complaint to consumer forum if the seeds are defective (Messrs national seed corporation limited v/s M. Madhusudan reddy,
but purchasing a fan for office has been considered as commercial, use therefore, the buyer is not a consumer. Inter {friend service private limited vs USA international national commission}
similiarly the buyer of computer for commercial purpose has not been considered as a consumer {Indian institute of part management vs Zenith computers limited}
a person availing free medical treatment services is also not a consumer {prahari consumer welfare association which North eastern(2000)3CPJ}
(A) purchaser of goods is a consumer under section 2(1)(d)(I)
(B) hirer of services is a consumer under section 2(1)(d)(ii)
(C) purchaser and hiring should notconnectiva system logo

be for commercial purpose.
Lucknow development authority v/s M.K.Gupta,AIR 1994SC 787.
The supreme court of India give a comprehensive expression of term ‘consumer’ and has held that the legislature enacted his legislation with the aims to protect the economic interest of a consumer is a purchaser of goods and a user of services for consideration and this purchase or hiring should be for the commercial purpose. there are three condition are to be fulfilled to become consumers
(I) service should have been provided to the person, (ii) services should have been hired by that person, (iii) consideration should have been made for hiring search services in the manner prescribed under section 2(1)(d)(ii)

                  


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