Various Short Notes under Consumer Protection Act 2019

Various short notes under Consumer Protection Act 2019

1. Person: The term "Person" is an inclusive definition covering various entities that can be a party to a transaction or a complaint. A person includes:

- A firm, whether registered or not.

- A Hindu Undivided Family (HUF).

- A co-operative society.

- Every other association of persons, whether registered under the Societies Registration Act, 1860, or any other law, or not.

- Any corporation or company.

- Any other artificial juridical person.

A person must fall under the definition of a 'Consumer' or 'Complainant' to seek or provide a remedy under the CPA 2019.

2. Goods: Goods mean every kind of movable property other than actionable claims and money. Goods Includes Stocks 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.

3. Service: "Service" means service of any description made available to potential users.

Service includes what?

It includes facilities related to banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging, housing construction, entertainment, amusement, or the purveying of news or other information.

Service excludes what?

It does not include the rendering of any service:

- Free of charge.

- Under a contract of personal service (a master-servant relationship where the master controls the manner of work).

But these points should be kept in mind:

a) Contract of Service: Implies a master-servant relationship, which is excluded from the Act's scope.

b) Contract for Service: Implies engaging a professional or expert (e.g., a lawyer, doctor, architect) where the person hiring can only order what is to be done, not how it is to be done. This is included within the Act's scope.

4. Manufacturer: A "Manufacturer" is any person who:

a) Makes or manufactures any goods or parts thereof.

b) Does not manufacture the goods but assembles parts thereof made by others and claims the end product to be manufactured by them.

c) Puts or causes to be put their own mark on any goods made by any other manufacturer and claims such goods to be made or manufactured by them.

5. Trader: A "Trader" is a person who sells, distributes, or imports any goods and includes:

a) A person who sells goods.

b) A person who distributes any goods for sale.

c) A manufacturer of goods for sale.

d) A packer of goods who sells or distributes goods in package form.

e) A person who imports any goods for sale.

A complaint lies against a person falling under these categories, including Government companies. However, a middleman who merely brings together the buyer and seller and receives only a commission for that service is generally not considered a trader under the Act.

6. Complainant

The term Complainant means the person or entity who or which makes a complaint with a view to obtaining any relief under the Act. The definition is comprehensive, expanding the categories of those who can seek redressal to include:

- A consumer.

- Any voluntary consumer association registered under any law for the time being in force.

- The Central Government or any State Government.

- The Central Authority (Central Consumer Protection Authority).

- One or more consumers where there are numerous consumers having the same interest (representative action).

- The legal heir or legal representative of a deceased consumer.

- The parent or legal guardian of a consumer who is a minor.

A person seeking redress must fall within one of these categories to have the locus standi (legal right) to proceed with a case. The Act gives power to voluntary consumer associations to file complaints, which is crucial in a country where many consumers may be illiterate. The only restriction in this regard is that the association must be registered under a prevailing law.

The Act contemplates an identified consumer or a consumer association representing identified consumers. A consumer association cannot file a complaint on behalf of unspecified or unidentified number of consumers. The provision for "numerous consumers having the same interest" is meant for action in a representative capacity on behalf of an identifiable group.