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Home > LAWYERS > Business Law > Consumer Protection |
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.Â
Selling Points:Â
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:Â
Consumer Protection Rules, 1987,Â
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,Â
U.P. Consumer Protection Rules, 1987,Â
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 AuthorÂ
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.Â
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.Â
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.Â
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.Â
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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 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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