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Unit – 35 : Preamble, Extent and Definitions
The agencies appointed under Consumer Protection Act are quasi-judicial in nature
Consumer Protection Act is not enacted to protect the manufacturing conditions of the Industries.
Voluntary Consumer association can file a complaint on behalf of consumer.
A consumer who has purchased goods for resale, cannot file complaint.
‘A’ has purchased a draft from a bank favoring ‘B’. The draft is last in transit and for duplicate draft in lieu for first bank need some formalities to be completed by ‘A’. Can ‘B’ file a consumer case against the formalities as at is delaying payment to him.
No, as he is not consumer of the bank and is not taking any service from the bank.
“Complainant “ means
i. a consumer
ii. any voluntary consumer association
iii. the Central Govt / state Govt.
iv. one or more consumers
v. in case of death of parnter, his legal hair or representive.
Complaint means
1. an unfair trade practice or a restrictive trade practice.
2. the goods brought are defective
3. the services availed, hired suffer from deficiency
4. over priced
“Consumer” means any person who,
1. buys any goods for a consideration which has been paid or promised to be paid
2. under any system of deferred payment
3. includes any user of such goods
4. hires or avails any service
Consumer Dispute means a dispute where the person against whom complaint has been made, denies or disputes the allegations contained in the complaint
Defect means any fault, imperfection, shortcoming or inadequacy in the quality, quantity, potency, purity or standard.
Deficiency = Defect
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