(ii) the goods bought by complainant suffer from one or more defects;(iii) the services hired or availed of suffer from deficiency in any respect;(iv) a trader or the service provider, has charged for the goods or for the services a price in excess of the price(a) fixed by or under any law for the time being in force; (
telephony rates fixed by TRAI)(b) displayed on the goods or any package containing such goods;(c) displayed on the price list exhibited by him by (
Petrol, Diesel prices by Petrol pumps);(d) agreed between the parties (contracted price) ;(v) goods or services which will be hazardous to life and safety are being offered for sale to the public,
- any person who(I) buys any goods for a consideration, or (ii) hires
avails of any services for a consideration;It must be noted that a person who buys goods or avails services for commercial purposes is not a consumer.However, where a person buys goods or avails services exclusively for the purposes of earning hislivelihood by means of self-employment is a consumer.
The Act has not confined itself to the original hirer alone, but equally extended it to the subsequent beneficiaries of the services as well.
Parent who brings the child to hospital is 'consumer'. The child, who is beneficiary of the services is also aconsumer
Spring Meadows Hospital
any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard,
which is required under any law to be maintained by or
under any contract, express or implied or
as is claimed by the trader in any manner whatsoever in relation to any goods;
goods as defined in the Sale of Goods Act, 1930.
and shares are included in the definition of the goods. In these circumstances the complaint in regardto the shares lies before the District Forum.
LC Chandgotya V. Northern Leqsing and Industries Ltd
NATIONAL INSURANCE CO. LTD. v. SKYGEMS
[2002(1) SCALE 94].
The respondent, dealer in precious stones, had sent two parcels of emeralds by registered post dulyinsured to a consignee in London but the parcels did not reach their destination. The investigators appointed by the insurer confirmed that the parcels were either lost in transit or were stolen. The postal authoritiesadmitted their liability and made payment of postal charges in respect of each parcel. The insured agreed tosettle the claim. But the respondents insisted that the payment of the insured amount be made in PoundSterling in London. The insurer denied its liability to pay the amount in Pounds sterling on the ground that