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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