Consumer Protection
Complainant-
A consumer or
Any voluntary consumer association registered under the companies act 1956
The Central Government or any State Government, who or which makes a complaint
One or more consumers where there are numerous consumers having the same interest.
In case of death of a consumer his legal representatives
COMPLAINT [Sec 2 (1) (c)]-
It means any allegation in writing made by a complainant with a view to obtaining any relief
provided by or under this Act.
The allegation in writing must be that----
UTP or RTP has been adopted by any trader or service provider.
The goods bought by him or agreed to be bought by him suffer from one or more defects.
The services hired or availed of or agreed to be hired or availed of by him suffer from
deficiency in any respect.
CONSUMER [Sec 2 (1) (d)] —Any person who
Buys any goods for consideration
which has been paid or promised or partly paid or partly promised
under any system of deferred payment
consumer also includes any user of such goods other than the buyer himself
consumer does not include a person who obtains goods for resale or for any
commercial purpose
Hires or avails of any service for a consideration which has been paid or promised or
partly paid or partly promised or under any system of deferred payment
DEFECT [Sec 2 (1) (f)]-
It means any fault, imperfection or shortcoming in the quality, potency, purity, or standard which
is required to be maintained by or under any law for the time being in force under any contract,
express or implied or as is claimed by the trader in any manner whatsoever in relation to any
goods.
DEFICIENCY [Sec 2 (1) (g)] –
It means any fault, imperfection or shortcoming or inadequacy in the quantity nature and manner
of performance which
is required to be maintained by law
has been undertaken to be performed by a person in pursuance of a contract or otherwise
in relation to any service
GOODS [Sec 2 (1) (i)] –
It means goods as defined in Sale of goods Act, 1930.
MANUFACTURER [Sec 2 (1) (j)] –
manufacturer means a person who
makes or manufactures any goods or parts thereof
does not make or manufacture any goods but assembled parts thereof made or
manufactured by others
puts or causes to be put his own mark on any goods made or manufactured by any other
manufacturer
SERVICE [Sec 2 (1) (o)] –
It means service of any description which is made available to potential users. It includes,
provision of facilities in connection with
Banking
Financing
Insurance
Transport
Processing
Supply of electrical or other energy
House construction
Board or lodging or both
Entertainment, amusement etc.
RESTRICTIVE TRADE PRACTICE [Sec 2 (1) (nnn)]
A restrictive trade practice is any business practice that manipulates prices or supply of
goods/services in a way that harms consumers by making them pay more or face unfair
conditions.
=> Key Idea
If a trader creates artificial shortage, delays supply, controls delivery, or forces customers to buy
something extra, it is considered a restrictive trade practice.
Examples as per definitions given:
1. Delaying supply to increase price
oIf a seller intentionally delays delivery of goods/services beyond the agreed time
so that price rises later, this is RTP.
o Example: A dealer delays delivery of cement even after full payment because
prices are expected to go up next week.
2. Forcing extra purchase (tie-in sales)
o If a seller forces the customer to buy one product/service only if they buy
another, it is RTP.
o Example: "You can buy this phone only if you also buy the phone cover from us."
UNFAIR TRADE PRACTICE [Sec 2 (1) (r)]-
Unfair Trade Practice refers to using fraud, lies, misleading claims or deceptive methods to
promote goods or services.
Making false claims about product quality, standard, grade, quantity or composition.
Misrepresenting services as being of better quality or standard than they actually are.
Selling used/renovated goods as new.
Claiming products/services have features or benefits they don’t actually have.
Claiming fake sponsorship, approval, certificate or affiliation.
Giving false information about need/usefulness of a product/service.
Issuing warranties/guarantees without proper testing.
Misleading public about price or past selling price.
Giving false statements to defame competitors’ products/services.
Advertising bargain sales without actually intending to sell at bargain price.
Offering gifts/prizes without actual intention of delivering them.
Running fake contests, lotteries or games to boost sales.
Selling goods not meeting legal standards.
Hoarding or refusing to sell to raise prices.
Manufacturing or selling fake/spurious goods.
CONSUMER DISPUTES REDRESSAL AGENCIES
A Consumer Disputes Redressal Forum to be known as the "District Forum"
established by the State Government in each district of the State.
[The District Forum shall have jurisdiction to entertain complaints where the
value of the goods or services and the compensation, if any, claimed does not
exceed Rs. 1 crore]
A Consumer Disputes Redressal Commission to be known as the "State
Commission" established by the State Government in the State.
[Complaints where the value of the goods and services and compensation
exceeds 1 Crore but does not exceed 10 crore.]
A National Consumer Disputes Redressal Commission established by the
Central Government.
[Complaints where the value of the goods and services and compensation
exceeds 10 crore.]