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Consumer Protection Law and Practice
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Consumer Protection Law and Practice

by Dr. Avtar Singh
Edition: 5th Edition, 2015
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Consumer Protection Law and Practice
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Product Details:

Format: Hardcover
Pages: 928 pages
Publisher: Eastern Book Company
Language: English
ISBN: 9789351452461
Dimensions: 24.2 CM X 3.66 CM X 16 CM
Publisher Code: AC/246
Date Added: 2001-01-01
Search Category: Lawbooks
Jurisdiction: Indian


The new edition of this most reliable and sought after book in the field of Law of Consumer Protection is now thoroughly revised and updated. It incorporates the significant changes introduced in statute law and also the developments in case law since the publication of the previous edition. 

Selling Points: 

Discusses many Supreme Court, National Commission and Foreign Cases.
Emphasis on different forums created under the Consumer Protection Act.
Arranged in topic wise format for clear and better understanding.
Useful practice notes provided for filing complaints with consumer redressal forums, preparing written statements, appeals and for getting orders executed.

Appendices cover: 

Consumer Protection Rules, 1987, 
Consumer Protection Regulations, 2005,
Consumer Protection (Procedure for Regulation of allowing appearance of Agents or Representatives or Non-Advocates or Voluntary Organisations before the Consumer Forum) Regulations, 2014,
Delhi Consumer Protection Rules, 1987, 
U.P. Consumer Protection Rules, 1987, 
Practice notes for filing complaints with consumer redressal forums, for preparing written statements, appeals and for getting orders executed, and
Addresses and contact details of redressal agencies under the Consumer Protection Act, 1986.

About The Author 

Dr. Avtar Singh, B.Com., LL.M., LL.D, is a multi-faceted personality, who has adorned his cap with multiple feathers- Author, Advocate, Professor. He has been awarded with numerous prestigious honours like Saraswati Sammaan by the U.P. Government and Vidya Bhushan Sammaan by the Hindi Sansthan in U.P., for his contributions in the field of legal education. In his decades long career he has been a visiting professor of Business Laws at IIM, Lucknow and Reader in Law at Lucknow University. 

Titles written by him have been prescribed by many leading universities and have been lauded by both students and teachers. His works and writing style have been appreciated both Nationally and Internationally. 

He has followed his signature style of writing in all his works- the most comprehensive study of the subject that he takes in his hands in a simple and lucid language. He has written in both English and Hindi languages. 

His list of works include: Business Law, Company Law (in English and Hindi), Competition Law, Consumer Protection: Law and Practice, Contract Law (Easy Law Series), Introduction to Company Law (in English and Hindi), Introduction to Law of Negotiable Instruments, Introduction to Partnership (including Limited Liability Partnership) (in English and Hindi), Intellectual Property Law, Law of Arbitration and Conciliation (in English and Hindi), Laws of Banking and Negotiable Instruments (in English and Hindi), Law of Carriage (Air, Land and Sea), Law of Contract and Specific Relief (in English and Hindi), Law of Insolvency, Law of Insurance, Law of Partnership (Principles, Practice & Taxation), Law of Sale of Goods (in English and Hindi), Negotiable Instruments (in English and Hindi), Textbook on Law of Contract and Specific Relief. 




  • Cochin University Law Review : The book under review is an excellent study on the Consumer Protection Act, 1986. ...Without any hesitation one can say that by writing this book the author has made a significant contribution to all concerned with consumer law.
  • All India Reporter : The lucid and simple understandable language and the manner of presentation will make the book very popular among not only the professionals but even laymen for knowing the law, their rights and obligations and how to file a suit to protect their rights.
  • Academy Law Review : In this edition, the author has tried to incorporate all developments in consumer law. The basic format, structure and style of the book is enough to satisfy the requirements of students, lawyers and social workers and it is an attempt to make an analytical, critical and comparative approach to this developing area of law.
  • The lucid and simple understandable language and the manner of presentation will make the book very popular among not only the professionals but even laymen for knowing the law, their rights and obligations and how to file a suit to protect their rights. – All India Reporter





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Table Of Contents:

                   TABLE OF CASES   XXVII
                   Preamble 2
                   Aims and Objects of the Act 2
                       Importance of the preamble as stressed by the Supreme Court 2
                       Construing provisions in favour of consumer 3


                       Cause of action arising prior to coming into force of Chapter III 6
                   Introduction 6
                   Definitions 8
                       Who is a Consumer 16
                           Purchaser of goods 16
                       Trade sales 20
                       Sale in course of business (Seller to sell in course of
                       his business) 21
                       Businesses of all kind covered 22
                       Buying or dealing as consumer, not for resale or
                       commercial purpose 24
                       Purchases by Charitable Trust 28
                       Non-consumer transactions 29
                       Distinction between commercial and domestic
                       purpose, how far workable 30
                       Purchase for self-employment 31
                           Application of limitation laws 35
                       Agreement to purchase 35
                       Form of agreement 35
                       Hirer of services 35
                           Services of Commercial Nature 38
                           Purchaser of immovable property 39
                           Postal 39
                           Government Guest House 39
                           Patients 40
                           Employee Welfare 41
                           Approval of building map plans 41
                           Supplier of electricity 41
                           Printers Instructions : Consumer Protection Act
                           Appointment of agent 41
                           After-sales services 42
                           Passport 42
                           Travellers Cheques 42
                           Water-Supply 42
                           Electricity 43
                           Ration Card 43
                           Municipal services 43
                       Jurisdiction to decide whether applicant a consumer 43
                       Judicial Review 45
                       Nature of protection 47
                       New Forum for enforcement of product liability 50
                       Remedies under other laws 54
                   Jurisdiction of Civil Courts 54
                       Accident and Railway Claims Tribunal 55
                           Matters sub judice before Civil Courts 56
                       Genuineness of Documents 57
                       Breach of contract 58
                       Arbitration clauses 59
                       Res Judicata 61
                       Writ petition 62
                       Cases involving complex questions of law and fact 62
                           Delayed finding of complicated questions 65
                       Indian Telegraph Act-Billing dispute 66
                       Welfare Fund 67
                       Economic loss 67
                       Criminal proceedings 67
                       Accounts 67


                   Central Consumer Protection Council [S. 4] 68
                       Procedure of Central Council [S. 5] 69
                   Aims and Objects of the Act 71
                       Protection against hazardous goods 71
                           Consumer Product Safety in USA 75
                       Right to consumer information 77
                       Right of access to variety and competitive prices 78
                       Right to due attention at appropriate forums 79
                       Unscrupulous exploitation, restrictive and unfair trade practices 79
                       Right to consumer education 81
                   Changes made by the Act in the existing structure of
                   consumer remedies 82
                       Privity of Contract 82
                       Tort of Negligence 82
                       Exemption Clauses 83
                       The state of English Law 84
                       State of Law in United States 85
                       Position of users who are not buyers 85
                       State Consumer Protection Councils [S. 7 and 8] 87


                   Establishment [S. 9] 88
                   District Forums 89
                       Composition [S. 10] 89
                       Duty to Establish Forums 91
                       Jurisdiction of District Forums [S. 11] 92
                       Matters of jurisdiction 93
                           Cause of action 93
                           Pecuniary jurisdiction 93
                       Interim Orders 95
                       Amendment of order 96
                       Transfer of cases 96
                       Jurisdiction territorial 97
                       Clauses restricting jurisdiction 98
                       Estoppel as to jurisdiction 99
                       Effect of civil suit 99
                       Complicated contractual matters 99
                   Complaints and Procedure 100
                       Meaning of complaint [S. 2(1)(c)] 100
                       Complainant 102
                       Who can make complaint and its manner 102
                       Complaint by consumer 104
                       Complaint by attorney holder 104
                       Complaint by consumer association 105
                       Clauses ousting jurisdiction 105
                       Cross-objections 106
                       Status quo during pendency 106
                       Price fixed by law 106
                       Procedure on receipt of complaint [S. 13] 107
                           Procedure Mandatory 111
                       Persons against whom complaint can be made 112
                       Sale in the course of business 113
                       Laboratory testing 115
                       Procedure where laboratory testing not possible
                       or not required 116
                       Appointment of Commission for finding out facts 116
                       Validity of proceedings 116
                       Powers of Civil Court for certain purposes 117
                       Withdrawal of complaint and res judicata 119
                   Subject-matter of complaint 119
                       Loss or damage caused by unfair or restrictive trade practice 119
                       Caveat emptor replaced by caveat venditor 122
                       Protection of consumers against unfair methods or
                       deceptive practices 123
                           Supreme Court traces the need for the provision 124
                           Object of definition : honesty and truth in manufacturer-
                           customer relation 125
                           Issue of securities 127
                       False Representation [S. 2(1)(r)(1)] 127
                           Form of representation [S. 2(1)(r)(1) Explanation] 130
                           Some examples 130
                           Standard or quality, a subjective judgment 132
                           Advertisement also subjective-matter 133
                           Preventive measures and administrative action 134
                           Use of foreign brand name 134
                           False representation as to standards, etc.
                           [S. 2(1)(r)(1)(i)] 135
                           Representation as to composition 136
                           Standard, etc., of services [S. 2(1)(r)(1)(ii)] 137
                           Old goods described as 'new' [S. 2(1)(r)(1)(iii)] 137
                           Sponsorship, approval, etc [S. 2(1)(r)(1)(iv) and (v)] 138
                           Artificial need [S. 2(1)(r)(vi) 139
                           Warranty or guarantee [S. 2(1)(r)(1)(vii) & (viii)] 139
                           Misrepresentation as to prices [S. 2(1)(r)(1)(ix)] 141
                           Disparagement of goods, services or trade of others
                           [S. 2(1)(r)(1)(x)] 142
                           Warranty as to durability, performance 143
                           Unconscionable representations 143
                       False offer of bargain price [S. 2(1)(r)(2)] 144
                       Schemes offering gifts, prizes, etc. 145
                           Price representation as a deceptive trade practice :
                           Free goods with other purchases 150
                       Non-compliance with prescribed standards [S. 2(1)(r)(4)] 151
                       Hoarding, Destruction or Refusal [S. 2(1)(r)(5)] 152
                       Findings of the District Forum [S. 14] 152
                       Types of relief which can be provided under the Act 154
                           Power to issue Directions 155
                           Some examples of Types of Relief 156
                       Difference of opinion and inadequacy in forum 157
                       Types of relief not allowed under the Act 157
                           Telephone directory service 158
                           Annual membership 158
                           Electricity 159
                                 Tarrif 159
                                 Cuts in supply 159
                                 Shifting of transmission line 159
                           Government orders 159
                           Property dealings 159
                           Land acquisition 159
                           Pricing of products and services 160
                           Quota fixation and allotment 160
                           Water-supply 161
                           Judicial set-up 161
                           Police service 162
                           Service matters 162
                           Public services 162
                           Governmental works 162
                           Pension services 165
                           Municipal Services 165
                           Statutory authority 166
                           Interim relief 167
                       Signature upon orders 167
                       Vacancy in office or failure in discharging functions 168
                   Defective Goods [S. 2(1)(c)(ii)] 169
                       Defect 170
                       Applicable legal requirement 171
                       Required by law 171
                       Promised standards 172
                       Consumer Remedies under Sale of Goods Act 173
                       Exclusion clauses in consumer sales and services not allowed 173
                           Limitation of liability in a service contract 174
                       Merchantable quality in consumer sales 175
                       Quantity of sticks in match-box 176
                       Air-Conditioner 176
                       Defective Scooter, motorcycle, etc. 177
                       Warranty period 177
                       Television 178
                       Video cassette player 178
                       Adulterated edible oil 179
                       European-style closet 179
                       Defective car 179
                       Defective motor lorry 181
                           Deduction for use value 181
                       Computers 181
                       Laser printer 182
                       Defective furniture 182
                       Defective cycle 182
                       Defective refrigerator 183
                       Chilling unit 183
                       Pressure cooker 183
                       Defective LPG Gas Cylinder 184
                       Defective machinery 184
                       Musical fountain at Children's Park 186
                       Tractor 186
                       Tiller machine 187
                       Arrangement for supply of goods 187
                       Wrong description 188
                       Defective cement 188
                       Raw hides and skins 188
                       Seeds 188
                           Certified seeds 190
                       Defective storewell almirah 191
                       Wrong medicine delivered by retailer 191
                       Hire-purchase 191
                       Textile 192
                       Failure to supply 192
                       Late delivery 192
                       Hand pump 193
                       Pump Set 193
                       Burden of proving inconvenience, etc. 193
                   Deficient Services 193
                       Service : Supreme Court analysis of definition 194
                       Amenability of public authorities to jurisdiction
                       under consumer legislation 195
                       Test of ''Deficiency' ' 197
                       Impossibility 199
                           Deficiency due to fraud, etc. 199
                       Privity of contract 200
                           Gobar Gas Plant 202
                       Building and housing services 202
                           Direction for execution of conveyance 205
                           Refund of earnest money 205
                           Refund of registration money 205
                           Measurement 205
                           Mechanical devices 207
                           Escalation of construction costs and delay 207
                           Delay in giving information requisite to secure housing loan 209
                           Rejection of claim without referring to merits 209
                           Unapproved housing scheme 210
                           Substance cannot be altered by clever drafting 210
                           Deficiency in service : Order for removal 210
                           Builder's responsibility to provide vacant possession 211
                           Complicated questions in connection with housing 213
                           Limitation 213
                           Chance for further option to allottees 214
                           Corner value 214
                           Failure to take note of intimated change of address 214
                           Government housing services: Use of sub-standard material 214
                           Compensation for poor housing service 217
                           Who should pay compensation 220
                           Compensation for delay 224
                           Diversion of Building Fund 225
                           Provision of lift 226
                           Property 226
                       Holiday Home 226
                       Advertisement 226
                       Cycle Stand Service 226
                       Parking service 227
                       Transport services 227
                           Jurisdiction 227
                           Misdelivery by carriers 228
                           Damage by carrier 229
                           Non-delivery 230
                           Non-delivery of booking under owner's risk 230
                           Refusal to perform contract of carriage 230
                           Carriage on special terms 230
                           Carrier's dues 231
                           Delay by carrier 231
                       Defective delivery of Motor Vehicle 231
                       Lucky draw contest 232
                           Sale Commission 232
                       Loaning agreements 232
                           Loaning and economic loss 234
                           Provision of engineering service by lender 236
                           Insurance of premises constituting security 236
                           Guarantor of Loans 236
                           Rates of interest 236
                           Relief of interest rate to sick Companies 236
                           Financial services, loaning and delay 237
                           Default in repayment of loan 237
                       Shares and debentures 238
                           Allotment 238
                           Transfer of shares 239
                           Allotment of rights issue 239
                           Investment 239
                           Allotment in wrong name 240
                       Courier service 240
                       Time of performance 244
                       Telephone billing 244
                           Excess telephone billing 246
                           Service of telephone bill by ordinary post 247
                           STD 248
                           Death of subscriber 248
                           Shifting of connection 248
                           Delays 248
                           Disconnection of telephone service without notice 249
                           Limitation : Rectification of wrong telephone billing 250
                           Free calls 250
                           Interest on security deposit 251
                           FAX 251
                       Insurance 251
                           Complicated insurance claims 251
                           Insurable interest 253
                           Insurance service 253
                           Vehicle insurance 256
                           Driver without licence 258
                           Insurance of Nursing Home 258
                           Issue of cover note 258
                           Dishonour of premium cheque 259
                           Loss by breach of trust 260
                           Purchaser of insured vehicle/ship 260
                           Sale of insured vehicle 260
                           Time for filing claims 260
                           Value at time of loss 261
                           Value of Survey Report 261
                           Household and office insurance 262
                           Shop insurance: Cash in transit 263
                           House and Building insurance 264
                           Factory insurance 264
                           Stock-in-trade in factory 265
                           Loss due to workers' strike 266
                           Insurance of printing press 266
                           Lime kiln insurance against fire 266
                           Change of address 266
                           Plant and machinery 267
                           Lab insurance 267
                           Livestock insurance 267
                           Crop insurance 267
                           Medical insurance 268
                           Insurance of employees in hazardous jobs 268
                           Marine and Transit insurance 268
                           Diversion of voyage 270
                           Insurance of fishing boats 270
                           Loss by adulteration in transit 270
                           Subrogation 271
                           Taking passengers on insured vehicle for carriage of goods 272
                           Taking passengers in private vehicle 274
                           Insurance, delay in payment 274
                           Motor vehicle, damage by terrorist, riotous violence276
                           Changing possession of vehicle 277
                           Assignment of policy 277
                           Beneficiary of policy 278
                           Stage for repudiation 279
                           Renewal of policy 279
                           Discharge voucher in full and final settlement 279
                       Life Insurance 280
                           Payment under insurance policy 280
                           Acceptance of life insurance proposal 285
                           Terms of policy 285
                           Accident benefit 286
                           Personal accident policy 286
                           Assignment 287
                           Surrender value 287
                           Payment under group insurance 287
                           Payment of premium through employer 288
                           Payment of premium through agent 289
                           Lapse of policy on non-payment of premium 289
                           Social welfare scheme 289
                       Banking Service 290
                           Payment of cheque despite stop notice 290
                           Collection of cheques 290
                           Duty to inform customer if cheque returned 291
                           Bank's service charges 291
                           Dishonour of bank draft, cheque 291
                           Withdrawal of money by partner 292
                           Delay in issuing duplicate bank draft 293
                           Operation of individual account 293
                           Operation of deceased account 293
                           Delay in payment of crossed cheque 294
                           Sale by bank of pledged articles 294
                           Realisation of security 294
                           Duty to return security on payment 295
                           Duty during strike period 295
                           Banker's lien 295
                           Sundry banking services 297
                           Loaning services 298
                           Interest rate on loans 299
                           Unauthorised deduction 299
                           Reversal of wrong entry 299
                           Writing off agricultural loans 299
                           Locker 300
                           Forgery of signature 300
                           Encashment of bank guarantee and letter of credit 301
                           Improper delivery of documents by bank 302
                           Suppressing letters of credit 302
                           Refusal of service 302
                           Fixed deposit service 302
                           Current account service 303
                           Claims of interest 303
                       Refund of booking money 304
                       Airline services 305
                           Death on board 306
                           Loss of tickets 306
                           Increase in fare 307
                           Delay in flight 307
                           Service of meals 307
                       Travel agent 307
                       Carriage by air 308
                           Duty in delivering goods 309
                           Duty on arrival at destination 309
                           Duty of Airport Authority 309
                       Supply of electricity 310
                           Restriction on use 313
                           Disconnection of power supply 313
                           Disruption of supply 314
                           Arrears of charges for supply of electricity 314
                           Raising of charges 316
                           Request for load reduction 316
                           Installation of generator change-over switch 316
                           Entitlement to rebate 316
                           Refund of overcharged electricity duty 316
                       Educational institutions 317
                           Amenities of academic services 319
                           Matters of fee and charges 320
                           Accident on school premises 320
                           Education as service 320
                       Swimming-pool training 323
                       Purveying of news or other information 323
                       Publishing 324
                       Exhibition 326
                       Service in the nature of employment 326
                       Tailoring 327
                       Job market 327
                       Services of travel agency 328
                       Nursing-homes and medical services 328
                           Caesarean delivery 334
                           Recanalisation operation 334
                           Practice in one discipline, qualified in another 335
                           Blood transfusion 339
                           Injection 339
                           Foreign matter left in body after operation 340
                           Wrong diagnosis 340
                           Sterilisation 340
                           Tubectomy operation 341
                           Dentist 341
                           Free Hospitals 341
                           Employees State Insurance Hospitals (ESI) 342
                           CGHS 342
                           Ex Gratia Payment by Doctor 342
                           Hospital Insurance 343
                       Booking vehicles, etc 343
                       Postal Services 345
                           Post Office Savings Account 347
                           Delay in delivery of telegram 347
                           Delivery of wrong message 347
                           Delivery to authorised Agent 348
                       Chit Fund 348
                       Refund of deposits 348
                       Superannuation benefits 349
                       Provident Fund 349
                       Share-broker 353
                           Investment in NSC 354
                           Investment in industry 354
                           Investment in U T I 354
                       Parking facility 354
                       Return of security 355
                       Carrier of passengers 355
                           Railway reservation 356
                           Cloak room service 357
                           Discrimination in amenities 357
                           Bus passengers 357
                       Hotel 358
                       Sick industrial companies 358
                       Costs 358
                       Teleprinter services 359
                       Defective lift 359
                       Video services 359
                       Dry-cleaning 359
                       Generator for Small Scale Industry 359
                       Reference to arbitration 359
                       Duty of reasonable care and skill in practice of professions 360
                       Solicitor 362
                       Legal practitioner 363
                       Professional advice 363
                       Incompetent handling of gas 364
                       Boating services 364
                   Price [S. 2(1)(c)(iv)] 365
                       Misleading indication of price 365
                       Price printed on packing 367
                       Price for housing services 369
                       Pricing of products or services 370
                       Electricity service charges 370
                       Charges for professional services 371
                       Agreed price 371
                       Sales tax 371
                   Appeal [S. 15] 371
                       Condonation of delay 372
                       Cross-objections 376
                       Commencement of period 376
                       Further evidence and objections in appeal 377
                       Appeal against ex parte orders 378
                           Setting aside ex party orders 378
                       Incompetent forum 378
                       Non-speaking orders 378
                       Review 379
                   State Commissions 379
                       Composition [S. 16] 379
                       Jurisdiction [S. 17] 381
                           Claims under motor vehicle accidents 385
                       Complainant to come with clean hands 385
                       Clauses excluding jurisdiction 386
                       Procedure [S. 18] 386
                       Supply of drinking-water 387
                       Appeals [S. 19] 387
                       Non-application of mind to evidence 388
                   National Commission 389
                       Composition of National Commission [S. 20] 389
                       Jurisdiction of National Commission [S. 21] 391
                       Original 391
                       Appellate 392
                       Review and supervision 392
                       Review of interest rate 398
                       Review of own orders 398
                       Expunging of adverse remarks 398
                       Inappropriate remedy 399
                       Refusal to provide opportunity for cross-examination 399
                       Dismissal of appeal without considering merits 399
                       Dismissal on the basis of ex gratia payment 400
                       Ex parte dismissal without considering merits 400
                       Ex parte acceptance of claim 400
                       Rehearing 400
                       Matters of Jurisdiction 401
                       Matters of evidence 401
                       Decision without considering issues 401
                       Decision without considering written version 402
                       Powers and procedure of National Commission [S. 22] 402
                       Appeals [S. 23] 402
                       Finality of Orders [S. 24] 403
                   Period of Limitation 403
                       Effect of expiry of limitation 404
                       Condonation 406
                           Continuing wrong 409
                           Contract to the contrary : Cutting short the
                           period of limitation 409
                   Administrative control of National and State Commissions 410
                   Enforcement of orders [S. 25] 410
                   Dismissal of frivolous or vexatious complaints [S. 26] 411
                           Costs 413
                   Penalties [S. 27] 413
                       Abatement of proceedings 416
                       Application for execution of orders 416


                   Actions in good faith 417
                   Removal of difficulties 417
                   Vacancy and defect in appointment 417
                   Power to make rules 417


                   Short title and commencement 420
                   Definitions 420
                   State Governments to recognise a laboratory as an
                   appropriate laboratory 420
                   The constitution of the Central Consumer Pro-tection
                   Council and the Working Groups 421
                   Procedure of the Central Council 422
                   Place of the National Commission 423
                   Working days and office hours of the National Commission 423
                   Seal and emblem 423
                   Sittings of the National Commission 423
                   Staff of the National Commission 423
                   Additional powers of the National Commission, State Commission
                   and District Forum 423
                   Salaries, honorarium and other allowances of the President and
                   Members of the National Commission 424
                   Terms and conditions of service of the President and members
                   of the National Commission 424
                   Removal of President or members from office in
                   certain circumstances 425
                   Procedure to be followed by the National Commission 426
                   Procedure for hearing the appeal 426
                   Sitting of the National Commission and signing of orders 427
                   Appendix I-Practice Notes 429
                   Appendix II-(1) Delhi Consumer Protection 457
                               (2) UP Consumer Protection Rules 464
                   Appendix III-Redressal Agencies under the
                   Consumer Protection Act, 1986 475
                   Subject Index 503
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