1986
By :Dr.DAYANAND B.SHETTY
OBJECTS
Complainant
2 (b)"complainant" means (i) a consumer; or
(ii) any voluntary consumer association registered
under the Companies Act,1956 or under any other
law for the time being in force; or
(iii) the Central Government or any State
Government;
[(iv) one or more consumers, where there are
numerous consumers having the same interest;
(v) in case of death of a consumer, his legal heir or
representative ;who or which makes a complaint;
Complaint
2 (c)Complaint means any allegation in writing made by a
complainant thati)an unfair trade practice or a restrictive trade practice adopted by any
trade or service provider.
ii) the goods bought by him or agreed to be bought by him suffers
from one more defect.
iii) the services hired or availed of or agreed to be hired
or availed of suffer from deficiency in any respect .
iv) a 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.
Who is a Consumer ?
2 (d)consumer" means any person who(i) buys any goods for a consideration which has
been paid or promised or partly paid and partly
promised, but does not include a person who
obtains such goods for resale or for any commercial
purpose; or
(ii) hires or avails of any services for a consideration
which has been paid or promised or partly paid and
partly promised,
hires or avails of the services for consideration paid
or promised, or partly paid and partly promised, or
under any system of deferred payment,
CONSUMER DISPUTE
2 (e)Consumer dispute" means a dispute
where the person against whom a complaint
has been made, denies or disputes the
allegations contained in the complaint;
A claim for builders failure to refund money
to a buyer for non-possession of a flat is a
consumer dispute.
DEFECT
2 (f)"defect" means any fault, imperfection
or shortcoming in the quality, quantity,
potency,
purity or standard which is required to be
maintained by or under any law for the time
being in force or [under any contract,
express or implied or]as is claimed by the
trader in any manner whatsoever in relation
to any goods;
2(g)"deficiency"
means
any
fault,
imperfection, shortcoming or inadequacy in
the quality, nature and manner of
performance which is required to be
maintained by or under any law for the time
being in force or has been undertaken to be
performed by a person in pursuance of a
contract or otherwise in relation to any
service;
Services Defined
j) manufacturer
+
Premier luxury car manufacturer Mercedes
Benz and one of its Chennai-based dealers
have been ordered by the national
consumer commission to pay Rs 2 lakh as
damages to a customer for selling him a
used demo car.
"Selling of used demo car without the
knowledge of the customer amounts to an
unfair trade practice within the Consumer
Protection (CP) Act," the National Consumer
Disputes Redressal Commission said.
5. Appeal
(1)
The
District
Forum,
the
State
Commission or the National Commission
shall not admit a complaint unless it is filed
within two years from the date on which the
cause of action has arisen.
In this case, it
was held
that imparting
education falls within the ambit of service .The
verdict was in response to complaint fielded by
12 students, who joined the Buddhist Mission
Dental College in Bihar. The College in its
admission advertisements for the BDS Course,
gave an impression that it is affiliated to Magadh
University and recognized by the Dental Council
of India. After joining the College the students to
their dismay found that it was neither affiliated to
Magadh University nor it is recognized by the
Council.
Imparting Education
:Service
House Construction
:Service
House construction is a service under the
Consumer Protection Act and comes under
the jurisdiction of consumer courts
In Lucknow Development Authority v
M. K. Gupta , Supreme Court has stated
that when a statutory authority develops
land or allots a site or constructs a house
for the benefit of a common man, it is as
such, service as by a builder or
contractor.
RTI applicant is a
consumer
[S.P. Goelv.Collector of
Stamps(1995) III CPR 684 (SC)].
Conclusion
REFERENCES
http://ncdrc.nic.in/1_1.html.(As accessed on 10 th May 2014)
Jacob Mathew v/s State of Punjab (2005) 6 SCC 1
Parmanand Katara vs Union Of India & Ors ,1989 AIR 2039, 1989 SCR (3) 997
Laxman v Trimback,AIR 1969 SC 128
Indian Medical Association vs V.P. Shantha & Ors 1996 AIR 550, 1995 SCC (6)
651
D.K. Gandhi Ps, National vs M. Mathias III (2007) CPJ 337 NC
Indiankanoon.org/doc/427110 (As accessed on 12 th May 2014)
Lucknow Development Authority v M. K. Gupta ,(1994) 1 SCC 243
Dr. S. P.Thirumala Rao vs. Municipal Commissioner, Mysore City Municipal
Corporation, Mysore http://164.100.72.12/ncdrcrep/judgement/00RP197505.html
Head Post Master Ponnai ,Kerala v Ayyappan II 2009 CPJ 330 NC
Vimal Chandra Grover vs.Bank of India [2000 (2) CPJ 11(SC): AIR 2000 SC 2181
SBI vs. N. Raveendran Nair [1992 (2) CPR 400],
The Morgan Stanley Mutual Fund vs Kartick Das,1986-1995 Consumer 609 (NS)