Q1. | Who is a Consumer ? | ||||||||||||||||||||||||||||||||||
Ans. |
The term consumer has been defined in
Sec.2(1)(d) of the Act. Any person who buys any goods or avails any
services for a consideration is a consumer. A person who uses such goods
or avails of such services with the approval of purchaser is also a
consumer. Mere promise to pay consideration is also sufficient. So the
purchaser of goods with deferred payment can also be treated as
consumer.
However, if a person purchases goods for
resale or avails of services for commercial purpose is not a consumer.(
In case Vijay Narayan Aggarwal vs Chowgule Industies Ltd, reported as
1993(2) CPJ 231, the National Commission has held that if person is
carrying on business on a large scale and he purchases goods for earning
profits, the purchase is for commercial purpose and he is not a
consumer.)
But the use of goods and availing services
by any person exclusively for the purpose of earning livelihood by means
of self employment does not amount to commercial purpose
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Q2. | Is a Patient availing medical services of a Doctor or Hospital a consumer ? | ||||||||||||||||||||||||||||||||||
Ans. |
Yes. A person availing medical services
of a doctor or hospital is a consumer. However, a person getting such
treatment without consideration and availing free services of hospital
is not a consumer.
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Q3. | Whether a student is a consumer ? | ||||||||||||||||||||||||||||||||||
Ans. |
Education as such does not come within the perview of the consumer protection act.
But under following situations a student is a consumer:-
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Q4. |
What are the rights of a consumer ?
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Ans. |
The consumer has the following rights:-
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Q5. | What is a consumer Dispute ? | ||||||||||||||||||||||||||||||||||
Ans. |
Sec.2(1)(e) of the C.P.Act defines the term consumer dispute.
Consumer Dispute means a dispute where
the person against whom a complaint has been made, denies or disputes
the allegations contained in the complaint.
However, if after the complaint is made ,
there is no denial by the opposite party in respect of the allegations
made therein, there can be no consumer dispute.
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Q6: |
What is meant by the term ‘goods' ?
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Ans. |
Under sect.2(1)(i) of the C.P.Act, the term goods means goods as defined in the Sale of Goods Act,1930.
Accordingly,the goods means every kind of
moveable property other than actionable claims and money, and includes
stock and share, growing crops,grass, and things attached to or forming
part of the land which are agreed to be severed before sale or under the
contract of sale.
Things like good will,copy right, trade mark,patent, gas, electricity, motor vehicles,ship etc. are also treated as goods.
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Q7 |
What is meant by the term ‘service' ?
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Ans |
As per sct.2(1)(o) of the Act, the
service means service of any description which may be made available to
any potential user. It includes the services like banking, insurance,
financing, transport, processing, supply of electicity, board or lodging
or both, housing construction, entertainment, amusement,or the
purveying of news or other information.
However,it does not include the rendering
of any service free of charge or under a contract of personal service.
“Where there is relationship like that of master and servant, it is
‘contract of personal service' and is excluded from the perview of the
Act.” It is so held in case ‘Indian Medical Association vs
V.P.Shantha,1995 SCALE 273.
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Q8. | What is meant by Spurious goods and service ? | ||||||||||||||||||||||||||||||||||
Ans | As per sect.2(1)(oo) of the Act,spurious goods and services means such goods services which claimed to be genuine but they are actually not so. | ||||||||||||||||||||||||||||||||||
Q9 | What is unfair trade practice? | ||||||||||||||||||||||||||||||||||
Ans |
As per sect. 2(1)(r ) of the
Act, “unfair trade practice” means any unfair or deceptive method or
practice used for promoting sale or supply of goods or services at the
deteriment of the consumers as an unfair trade practice.These include
making of a statement which may falsely represent:-
Following are also the unfair trade practices:
The other common unfair trade practices are:-
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Q10. |
In what form the fee is to be paid ?
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Ans |
The fee is to be paid in the form of
crossed Demand Draft drawn on a nationalized bank or through a crossed
Indian Postal Order in favour of the President of the District Forum,
Registrar of the State Commission or the National Commission as the case
may be, and that shall be payable at the respective place wher the
district forum,the state commission or the national commission is
situated.
Enforcement of orders of the Forum.
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Q11: |
Does a complainant has to pay fee alongwith the complaint?
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Ans | Yes, the complaint has to be accompanied by a fee as specified in the table given under Rule 9A of the consumer protection Rules,1987. | ||||||||||||||||||||||||||||||||||
Q12. |
Does a complainant need to engage a lawyer ?
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Ans. |
No. It is not necessary to engage a
lawyer. Regulation no.26 (4) of the Consumer Protection
Regulations,2005, specifies that the consumer forum shall not insist
upon the parties to engage advocates.
( Engaging an advocate only increases the chances of winning the case ).
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Q13 | Who can file a complaint ? | ||||||||||||||||||||||||||||||||||
Ans |
A complaint can be filed by :-
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Q14 | What is ‘defect' ? | ||||||||||||||||||||||||||||||||||
Ans | AS per sect.2(1)(f) of the Act , the defect means any kind of fault , imperfection or shortcoming in the quality, quantity, potency or standard of goods, which are required to be maintained under any law, contract or usage or practice in a trade. | ||||||||||||||||||||||||||||||||||
Q15 | What is the complaint ? | ||||||||||||||||||||||||||||||||||
Ans |
Under sect. 2 (1)(c) of the Act, the complaint means any allegation made in writing by a complainant that –
an unfair trade practice or a restrictive trade practice 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 agreed to be hired or availed of by him suffer from deficiency in any respect;
the trader or the service provider, as the
case may be, has charged for the goods or for the services mentioned in
the complaint, a price in excess of the price—
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goods which will be hazardous to life and safety when used are being offered for sale to the public-
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Q16 | What is deficiency ? | ||||||||||||||||||||||||||||||||||
Ans | As per sect. 2(!)(g) of the Act, the deficiency means any fault, imperfection,shortcoming or inadequacy in the quality,nature and manner of performance n rendering any service required to be maintained under any law, contract or otherwise. | ||||||||||||||||||||||||||||||||||
Q17. | Where an appeal against the orders of District Forum lies ? | ||||||||||||||||||||||||||||||||||
Ans. | An appeal against the orders of district forum can be filed before its respective State Consumer DisputeRedressal commission. | ||||||||||||||||||||||||||||||||||
Q18. |
What is restrictive trade practice ?
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Ans |
As per sect. 2(1)(nnn) o the Act,
restrictive trade practice means any trade practice which tends to bring
about manipulation of price of goods or services or their conditions of
delivery or flow of supplies insuch a manner as to impose on the
consumers unjustified costs or retrictions
It also include:
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Q19: | What is the limitation for filing an appeal? | ||||||||||||||||||||||||||||||||||
Ans |
An appeal against the orders of District
forum can be filed before the State commission within the period of
thirty days from the date of such order.
However,the state commission may
entertain an appeal after the expiry of the said period if it is
satisfied that there was sufficient cause for not filing it within that
period.
Further, the appellant has to deposit fifty per cent of the decree amount or twenty-thousand rupees,which ever less.
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Q20 | How the orders of Forum are enforced ? | ||||||||||||||||||||||||||||||||||
Ans | If the interim order of aForum is not complied with the
relevant forum may order for attachment of the property of the person
concerned, which shall remain force for three months,and if the
non-compliance continues, the property so attached may be sold and out
of the proceeds thereof the damages may be awarded to the complainant
and the balance amount paid to the parties entitled thereto.
Further, if any amount becomes due to any
person under the orders of a Forum, he can make an application to such
forum for issuance of a recovery certificate to the collector of the
district to recover the same as arrears of land revenue. (sect.25 of the
Act).
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Q21 |
Can a person who fails or omits to comply with any order of a Forum, be punished?
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Ans |
Yes. If any person fails or omits to
comply with the order of a Forum, he may be punished with imprisonment
up to three years or with fine o f Rs.2000/- which may extend to Rs
10,000/- or with both.
Limitation and Appeal.
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Q22. |
Is there any limitation for filing a complaint?
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Ans |
Yes,there is a limitation of two years
for filing a complaint. A complaint can be filed within the period of
two years from the date on which the cause of action has arisen.
However, a complaint may be entertained
after the period of two years, if the complainant satisfies the Forum
that he has sufficient cause for not filing the complaint within such
period and the Forum records its reasons for condoning such delay.
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Sunday, March 25, 2012
FAQs on Consumer Law...
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