Sunday, November 23, 2014

Consumer Protection Act: Short Notes

Person
A person includes:
a)      A firm whether registered or not;
b)      A Hindu undivided family;
c)       A co-operative society;
d)      Every other association of persons whether registered under the Societies Registration Act, 1860 or not;
e)      A person by himself has no standing under the Consumer Protection Act. A person has to be a consumer within the definition of the word ‘Consumer’ to get remedy.

Goods
Goods mean goods as defined in the Sale of Goods Act 1930. Goods mean every kind of movable property other than actionable claims and money. E.g. it includes stocks and shares, attached to or forming part of the land including growing crops, grass which are agreed to be served before sale or under the contract of sale.


It means service of any description which is made available to potential users. It Includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, 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.
There is a distinction between the contract of service and contract for service. The contract of service implies some relationship of master and servant. The servant is obliged to obey the order of his master. This is Contract of Service. Where the person engages the service of another person and where he can only order what is to be done, it is Contract for Service.

Manufacturer
a)      Makes or manufactures any goods or parts thereof; or
b)      Does not make or manufacture any goods but assembles parts thereof made or     manufactured by others and claims the end product to be goods manufactured by himself; or
c)       Puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer and claims such goods to be goods made or manufactured by him.

Trader
Is a person who
a)      Sells goods; or
b)      Distributes any goods for sale;
c)       Manufacturer of goods for sale;
d)      Packer of goods who sells or distributes goods in package form.

A complaint lies against a person who is a trader falling under the above categories. Even a Government company or an undertaking by the Government manufacturing and selling goods is covered by the word trader, like A middleman who brings together the buyer and seller and receives commission for the service rendered is NOT a trader.

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