Documente Academic
Documente Profesional
Documente Cultură
1986
Presented By
Shriram (73)
Salman(59)
Aniket(41)
Kishan(56)
Anuta(43)
Sonal(72)
Kanishka(54)
CONSUMER [sec2(1)(d)]
CONSUMER IS ANY PERSON WHO
Buys any goods for a consideration or heirs/avails of
any services for a consideration is a consumer.
Any user of the goods with the approval of the person
who has purchased the goods for consideration is also
a consumer.
A person hiring or availing of any services for
consideration is no doubt a consumer, but any person
who is beneficiary of such services with the consent or
approval of the original consumer is also a consumer.
Cont
To become a consumer, there must be a
consideration when he buys goods. Such
consideration must have actually been paid
or promised or partly paid and partly
promised.
Any person claiming himself/ as a consumer
must satisfy two important consideration
besides the others which are as follows:
The service or services must have been render to
him and
He must paid or promised to pay the consideration
for the same.
Cont
The intention of a person purchasing the
goods or hiring the services must be
consumption not for sale.
PERSON [sec2(1)(m)]
A PERSON INCLUDE
1.
2.
3.
A co-operative society.
4.
Cont
It implies that services must be of commercial
nature i.e. they must be rendered on payment
Even the professional services are included.
Even the beneficiaries of the services are
included though they are not directly hirers
provided they use the service with the
approval of the concerned consumers.
TRADER [sec2(1)(q)]
MEANS
Sells goods or distribute any goods for sale.
Any manufacture of goods selling the same.
Any packer either sells or distribute goods in
package form.
Cont
Gives false warranty or guarantee about the
performance, length of life of a product with
any proper test.
Publication of any advertisement for the sale
or supply at a bargaining price.
Sale or supply of goods which do not comply
any of the standard prescribed by the
competitive authorities.
Cont
Hoarding or destruction the goods or refusing
to sell goods with a view to raise the price.
Represents that the seller or the supplier has
a sponsorship or approval which such seller
does not have.
Materially misleads the public concerning the
price at which a products has been sold
Gives false or misleading facts disparaging the
goods, services or trade of another person.
Cont
Publication of any advertisement whether in
any newspaper or otherwise,for the sale or
supply at a bargaining price.
Bargaining price means
A price that is stated in any advertisement to be a
bargain price reference to ordinary price.
A price which the person hears/sees the
advertisement, would reasonably understand to be
bargain price.
PROTECTION COUNCILS
Chapter 2 sec(4 to 8)
Councils
Sec 4 to 8
Sec 4 Establishment of central council
by Central government & membership.
Sec 5- Meeting of central council
Sec 6 Objects of central council
Sec7 Establishment of state council by
central govt. & its membership
Sec 8 Objects of state council
Sec 8(A) Establishment of district
Council by State government
Sec 8(B) Objects of District Council
District Forum
It shall consist of a person who is or has been or
is qualified to be a District Judge as its
President,2 other members, one of whom shall
be a woman
Every member of the District Forum shall hold
office for a term of 5 years or up to the age of
65 years which ever is earlier
It shall have jurisdiction to entertain complaints
where the value of the goods or services and the
compensation, if any, claimed does not exceed
Rs.20 Lacs.
State Commission
It shall have jurisdiction to entertain
complaints where the value of the goods or
services and compensation, if any, claimed
exceeds Rs. 20 Lacs but does not exceed Rs.1
Crore and appeals against the orders of any
District Forum within the State.
National Commission
It shall consist of a person who is or has been
a Judge of the Supreme Court, as its
President. Not less than 4 members and one
of whom shall be a woman
It shall have jurisdiction to entertain
complaints where the value of the goods or
services and compensation, if any, the claim
exceeds Rs. 1 Crore and appeals against the
orders of any State Commission.
Case
Chetan Prakash vs MET Institute of computer Science
Cont
He deposited the fees before declaration of
result
Seeing that he had failed in exams, he tried to
withdraw the admission and requested for a
refund, to which the institute did not
responded
Finally, he sent a legal notice to the institute,
and then lodged a complaint in the consumer
forum.
Judgement
The institute had to pay the complainant,
Chetan Prakash, Rs 32,000 as compensation for
harassment along with the course fee of
Rs.62,200.
Thank You