Page 161 - DCOM103_COMMERCIAL_LAW

Commercial Law

Notes The Consumer Protection Act, 1986 was substantially amended in 1991, 1993 and 2002.

Complainant. A complainant means any of the following and having made a complaint:
1. a consumer; or
2. any voluntary consumer association registered under the Companies Act, 1956 or under
any other law for the time being in force; or

3. the Central Government or any State Government; or
4. one or more consumers, where there are numerous consumers having the same interest,
or

5. in case of death of consumer, his legal heir or representative.
Complaint. ‘Complaint’ means any allegation in writing made by a complainant with a view to
obtaining any relief under the Act, that:
1. any unfair trade practice or restrictive trade practice has been adopted by any trader or
service provider; and the complainant has suffered loss or damage;
2. the goods bought by him or agreed to be bought by him suffer from defect(s) in any
respect.

3. the services hired or availed of or agreed to be hired or availed of by him suffer from
deficiency in any respect;

4. 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 (a) fixed by or under any
law for the time being in force; (b) displayed on the goods or any package containing such
goods; (c) displayed on the price list exhibited by him by or under any law for the time
being in force; (d) agreed between the parties;
5. goods which will be hazardous to life and safety when used are being offered for sale to
the public (a) in contravention of any standards relating to safety of such goods as required
to be complied with, by or under any law for the time being in force; (b) if the trader could
have known with due diligence that the goods so offered are unsafe to the public;
Consumer. ‘Consumer’ means any of the following persons:
1. A person who buys any goods for a consideration which has been paid or promised or
partly paid and partly promised or under any system of deferred payment i.e., in respect
of hire-purchase transactions. The term includes any other user of such goods when such
use is made with the approval of the buyer.
2. A person who hires or avails of any services for consideration which has been paid or
promised or partly paid and partly promised, or under any system of deferred payment.
The term includes any other beneficiary of such services with the approval of the fi rst

mentioned person.

Example: Byford Motors inserted an advertisement in newspapers stating that a person
booking a Premier Padmini car could enter into a contest in a lottery conducted by them. Under
it, a person who was successful in the draw could be entitled to two free tickets from New Delhi
to New York and back. Shri S.S. Srivastava was one of the persons who was successful in the
draw. He asked the dealers to give him the value of two tickets which was refused and he was
asked to produce two passports to enable them to book the tickets. Mr. Srivastava, however,
produced one passport immediately but the second after the end of the financial year. The dealer

refused to give the tickets on the ground that the accounts of the financial year had been closed

and they could not carry forward the liability of that year to the next financial year under the
provisions of the Income-tax Act and Rules.

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