Frequently Asked Questions?

Who can make the complaint ?
Who is consumer ?
What is consumer disputes ? 
For what the complaint is to be made ?
Definitions 
  
1. Who can make the complaint ? 

                         

1. A consumer, or
2. any voluntary consumer association registered under the companies Act, 1956 or under   another law for the time being in force; or
3. the Central Government or any State Government, who or which makes a complaint;
4. one or more consumers, where there are numerous consumers having the same interest;

2. Who is Consumer?

                  1. The Consumer means any person who -

  

  1.  buys any goods for a consideration which has been paid or promised or partly paid and   partly paid and partly promised, or  under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtain such goods for resale or for any commercial purpose;

                  or

  1. hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised , or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person;

  

EXPLANATION - For the purpose of sub-clause (I) , “commercial purpose” does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment.

 

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3.What is consumer disputes?

   

   

Consumer dispute means a dispute where the person against whom a complaint has been made, denies or disputes the allegation contained in the complaint.

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4. For what the complaint is to be made ?

  

“defect” means 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 under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods;

“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 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;  

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5.Definitions :

  

"District Forum" means a Consumer Disputes Redressed Forum established under clause (a) of section 9 of the Consumer Protection Act, 1986;

“Manufacturer” means a person who -

  1. makes or manufactures any goods or parts thereof; or

  2. does not make or manufacture any goods but assembles parts thereof made or manufactured  by others and claims the end- product to be goods manufactured by himself ; or

  3. puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer and claims such goods to be goods made or manufactured by himself.

Explanation:- Where a manufacturer dispatches any goods or part thereof to any branch office maintained b him, such branch office shall not be deemed to be the manufacturer even though the parts so dispatched to it are assembled at such branch office and are sold or distributed from such branch office;

   

“Member” includes the President and a member of the National Commission or a State Commission or a District Forum as the case may be.;

  

“State Commission” means  H. P. State Consumer Disputes Redressed Commission established under clause (b) of section 9  of Consumer Protection Act, 1986.

 

   “Person” includes:-
  1. a firm whether registered or not;
  2. a Hindu undivided family;
  3. a co-operative society;
  4. every other association of persons whether registered under the societies Registration Act,  1860(21 of 1860) or not;
  

”Prescbribed” means prescribed by rules made by the State Government or as the case may be , by the Central Government under the Consumer Protection Act, 1986.

    

“Restrictive Trade Practice” means any trade practice which requires a consumer to buy , hire or avail of any goods or , as the case may be, services as a condition precedent for buying, hiring or availing of any other goods or services.

  

“Service” means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment or the purveying of news or other information , but does not include the rendering of any service free of charge or under a contract of personal service.

  

“Trader” in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof.

  

“Unfair Trade Practice” means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice as mentioned in the Consumer Protection Act.

  

ACT NOT IN DEROGATION OF ANY OTHER LAW— The provisions of  C.P.A. shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

  

The State Consumer Protection Council:”  The State Government has constituted  H.P.State Consumer Protection Council to be known as State Council  as provided in the Consumer Protection Act, 1986.

  

Objections of the State Council”  The objects of the State Council are to promote and protect within the State , the rights of the consumers laid down in clause (a) to (f) of Section 6 of the CPA.


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