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Unit 16: The Consumer Protection Act

The contention of the dealer is correct. Mr. Srivastava is not a consumer. He has received the car Notes
for which he has paid and there is no complaint as to any defect therein. The announcement of free
air tickets to New York was an additional attraction attached to the sale which depended upon a
lottery draw. It is not an intrinsic part of the car sale deal for which he made the payment. Thus,
as far as the lottery was concerned, it could not be said that Mr. Srivastava was a consumer.
Consumer dispute [Sec.2(1)(c)]. It means a dispute where the person against whom a complaint
has been made, denies or disputes the allegations contained in the complaint.

Task S admitted his only infant son in a private nursing home. As a result of strong
dose of medicine administered by the nursing attendant, the child became mentally retarded.
S wants to make a complaint to the district forum seeking relief by way of compensation on
the ground that there was defi ciency in service by the nursing home. Does his complaint
give rise to a consumer dispute? Who is the consumer in the instant case? [Hint: Yes, this
complaint gives rise to a consumer dispute. S is a consumer who hires the services of the

nursing home. Also the infant is a beneficiary and therefore he is also a consumer.]
Defect [Sec.2(1)(f)]. A ‘defect’ is defined to mean 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.
Defi ciency. Parallel to ‘defect’ in case of goods, deficiency is relevant in case of services.

Accordingly, it is defined to mean 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.

Example: The management of Excel Public School owned a swimming pool and offered
swimming facilities to the public on payment of certain fee. The management had engaged an
experienced coach for coaching people how to swim. One day, a boy of 14 years got drowned
and died while learning swimming. The father of the deceased boy claimed for relief. The school
management denied responsibility by stating that it had requisitioned services of a qualifi ed and
experienced coach. The coach also denied responsibility claiming that he had taken all possible
precautions, taken the boy out of water and removed water from his stomach.
The father of the deceased boy succeeded in his claim for relief. The school and the coach
were deficient in rendering service to the deceased. The admission to the swimming pool was

on payment of certain fees, therefore the complainant had hired the services of the school for
consideration. The father of the deceased is a consumer and the negligence of the coach amounts

to deficiency in service.
District Forum. ‘District Forum’ means a consumer Dispute Redressal Forum established under
clause (a) of Sec.9. This section provides that for the purposes of the Act a Consumer Disputes
Redressal Forum to be known as the ‘District Forum’ established by the State Government in

each district of the State by notification. The State Government may, if it deems fit, establish more

than one District Forum in a district.
Goods. ‘Goods’ under this Act shall have the same meaning as assigned to them under the Sale
of Goods Act, 1930. Accordingly, ‘Goods’ means every kind of movable property other than
actionable claims and money; and includes stock and shares, growing crops, grass and things
attached to or forming part of the land which are agreed to be severed before sale or under the
contract of sale [Sec.2(7) of the Sale of Goods Act, 1930].

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