Consumer: Any person, who – (i) buys any goods for a consideration which has been paid or promised or partly paid or promised, or under any system of deferred payment. (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid or promised, or under any system of deferred payment.
For (i) ‘Consumer’ also includes any user other than buyer himself. It must involve some consideration. ‘Consumer’ does not include resale or commercial use of obtained goods.
For (ii) ‘Consumer’ includes any beneficiary of services other than the person who hires or avails such services.
Service: It includes, provision of facilities in connection with banking, financing, insurance, transport, processing, electrical or other energy supply, boarding & lodging, house construction and plots by Housing & Development Board, entertainment and amusement, and telephone connection and facility by Telecom Department.
‘ Service’ however does not include the rendering of any service free of charge or under a contract of personal service.
Spurious – goods & services which are claimed to be genuine but they are actually not so.
Trader – a person who sells, distributes, manufacturers, or a packer of any goods for sale.
Anil bought cycles for the purpose of hiring to tourists visiting the area. Sunil was a tourist who had hired a cycle. The cycles were defective. The handle of the cycle broke, injuring Sunil. Are Anil and Sunil consumers?
Anil is not a consumer. However, Sunil is a consumer as he availed service of hiring from Anil.
Mr. Patel bought a laptop and gifted it to his son, Amit. Amit is a consultant who uses the laptop for his business. Are Mr. Patel and Amit consumers?
Mr. Patel was a consumer when he bought the laptop. However, Amit is not a consumer as he is using it for commercial purpose.
For which a trader, for promoting sale, use or supply of any goods or provision of services, adopts any unfair method or deceptive practice.
A) The practice of making any statement, orally, written, or visually anything false or misleading.
B) Permits the publication of any advertisement in any newspaper or otherwise, for sale or supply at a bargain price of goods/ services that are not intended to be offered for sale or supply at the bargain price.
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 the law.
It is for the complainant to establish that services mentioned in the complaint suffer from deficiency in any respect.
Examples: Lack of facilities by Housing Board is deficiency. Non-allotment of shares is not deficiency in service. Failure of insurance company to settle claim without sufficient cause is deficiency. Failure of Railways to provide cushioned seats in 1 st class is deficiency of service.