Consumer Protection Act

  Ans:  Supreme Court of India Saheli, A Women's Resources vs Commissioner Of Police, Delhi  on 14 December, 1989 The case of Saheli v. Commissioner of Police is concerned with the concepts of Vicarious Liability of the employer for the acts of its employees. It is a landmark judgment that holds strong precedent for cases concerning compensation through damages and the state being liable if the tortfeasor is the state's employee. This case was chosen to analyse for this research as it is an extremely important case that follows the events of a crucial fight against the system that was fought by the plaintiff.

B andhua Mukti Morcha vs Union Of India & Others on 16 December, 1983. The entire Bandhua Mukti Morcha v. Union of India & Ors. The case is a noteworthy instance in bonded labor in the history of our country. In 1976, the Bonded Labor (Abolition) Act was signed into law. The unambiguous obligation of Article 21 of the constitution is the recognition, discharge, and adequate reintegration of bonded individuals. To preserve the dignity and worth of bonded laborers, the Act was authorized underneath the legislature’s Directive Principles of State Policy. A violation of the Constitution’s Article 21, however, would ensue if the Indian government is willing not to step in. One of the historical verdicts addressing the poor and worsening conditions of Bonded labor in Developing countries is Bandhua Mukti Morcha Vs. Union of India and Ors. Bandhua Mukti Morcha, a philanthropic non-governmental organization dedicated to promoting human wellbeing and is mannered to the aim of the emanci...

Ans:  Peoples' Union For Democratic vs State Of Bihar & Ors on 19 December, 1986 Equivalent citations: 1987 AIR 355, 1987 SCR (1) 631 (1) Without prejudice to any just claim for compensation that may be advanced by the relations of the victims who have died or by the injured persons themselves, for every case of death compensation of Rupees twenty thou- sand and for every injured person compensation of Rupees five thousand shall be paid. Where some compensation has already been paid, the same may be adjusted when the amount now directed is being paid. These payments be made within two months hence. (2) In case the petitioner gets implead- ed in the pending writ petition before the High Court or filed a separate writ petition and presses for disclosure of the Report of Mr. Kumar, the High Court may examine the question as to whether the report will be made public and in the event of privilege being claimed, the question of privilege will also be examined by the High Court. (3) W...

Ans:  The following is an example in which an NGO take an action in court for protecting human rights. Supreme Court of India Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997.  Vishaka and Ors. v State of Rajasthan was a 1997 Indian Supreme Court case where various women's groups led by Naina Kapur and her organisation, Sakshi filed Public Interest Litigation (PIL) against the state of Rajasthan and the central Government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India. The petition was filed after Bhanwari Devi, a social worker in Rajasthan, was brutally gang raped for stopping a child marriage. The court decided that the consideration of "International Conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the safeguards against sexual harass...

Ans: A non-governmental organization (NGO) is a group that functions independently of any government. It is usually non-profit. NGOs, sometimes called civil society organizations, are established on community, national, and international levels to serve a social or political goal such as a humanitarian cause or the protection of the environment. For example, NGOs might focus on activities in areas involving health or health emergencies, education, infrastructure, advocacy of minority rights, support of the poor, and the reduction of crime. The term NGO is generally accepted to refer to usually non-profit, private organizations that operate outside of government control. Some NGOs rely primarily on volunteers while others support a paid staff. The World Bank identifies two broad groups of NGOs: Operational NGOs, which focus on the design and implementation of development projects. Advocacy NGOs, which defend or promote a specific cause and seek to influence public  policy. Some NGOs...

Ans: NGOs are nonprofit organisations by nature and they do not work for trade or business purpose but may profit through the sales of goods and services; these profits are then used for their aims and objectives. Thus, NGO does not work for commercial purpose and is a consumer according to section 7 of consumer protection act, 2019. 

Ans: According to section 7 of consumer protection act, 2019, the  persons buying goods either for resale or for use in large-scale profit-making activity will not be a consumer entitled to protection under the Act. The Court, while going by the ordinary meaning of the expression 'commercial purpose', said that 'Commercial' denotes “pertaining to commerce”. 

Ans: According to section 7 of consumer protection act, 2013, a  " consumer" means any person who— (i) buys any goods 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 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 obtains such goods for  resale or for any commercial purpose; or (ii) hires or avails of any service 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 service 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 def...

Ans:  GRAM VIKAS NAV YUVAK MANDAL v. UNION OF INDIA AND ANR Rajasthan High Court (Nov 15, 2018) Having regard to the categorical stand taken by the Central Excise Department that neither the petitioner was required to be registered, nor was required to pay any service tax, no service tax was liable to be deducted on its behalf. We therefore direct respondent no.2 to refund the deducted amount of service tax to the petitioner within a period of two months from the date copy of this order is produced before it. With the above directions, the writ petition is disposed of

Ans: National Consumer Disputes Redressal Society Of Catalysts vs Star Plus Tv on 11 September, 2008. B. SHAH, J., PRESIDENT The Society of Catalysts, a voluntary consumer organisation, has filed this complaint against the alleged unfair trade practices adopted by Opposite Party (OP) No. 1, Star Plus TV and OP No. 2, Bharti Airtel Ltd. (hereafter referred to as Star TV and Airtel respectively). It is stated by the complainant that it is a voluntary consumer association consisting of former IAS officers, IIT alumni, eminent lawyers and other well known persons, registered under the Societies Registration Act, 1860 .  In the result, the Star Plus TV and the Bharti Airtel Ltd., Opposite Parties No.1 and 2, are directed to pay jointly and severally damages of Rs.1 crore. They are hereby directed to deposit the said sum of Rs.1 crore with the Registrar of this Commission, who in turn, shall deposit the same to the credit of the Consumer Welfare Fund (Rule 9). The Opposite Parties No.1 a...

Ans:  Depending on the type of NGO, a person can file a complaint before the Charity Commissioner (for Trusts), the Company Registrar (for Section 25 companies), or the Concerned Officer under the Society Registration Act. 

Ans: NGOs providing consumer affairs support are as follows:  Common Cause, Delhi Consumer Coordination Council Delhi VOICE Delhi CERC Ahmedabad CGSI Mumbai Mumbai Grahak Panchayat Karnataka Consumer Service Society

Ans: The Companies Act of 2013 has Section 8  which is typically included for charitable purposes. This category resembles society quite a bit because it shares goals with the fields of science, the arts, economics, social welfare, sports, charity, religion, and environmental preservation. In front of authorities, stakeholders, and sponsors, Section 8 of Companies act present a more formal and serious representation. Despite being a sort of non-profit organization, Section 8 corporations operate very similar to Private Limited corporations in terms of structure and operations. They adhere to all the guidelines established by the Companies Act, just like any other private corporation.

Ans:  All Indian organisations are governed by the Society Registration Act, which was passed in 1860. Societies must be verified by their prospective state registrar before they may benefit from being registered NGOs. These groups typically work to advance the arts, science, social welfare, literature, and other creative and logical sectors in order to protect user information and facts. This kind of NGO performs a variety of important tasks, such as supporting public libraries, preserving museums and their cultural legacy, and raising money for military orphans. It is a group of people who have gathered for the advancement of science, charity, or other endeavors. 

Ans: The category of NGOs also includes charitable trusts. The 'Settler', who creates the organization and transfers assets to the second party, is the foundation of a trust. Trustees are another name for these second parties. These trusts serve the underprivileged population who cannot even afford the necessities for a healthy life. Such NGOs are simple to register, and according to the Indian Constitution, there is no law that has the authority to regulate trusts.

Ans: The primary goal of the NGO is to improve society's present in order to contribute to the development of a prosperous and happy future. But there are a number of approaches that an NGO can be chosen in order to carry out this perspective. The type of an NGO is determined by its functioning and registration. Trusts, societies, and Section 8 of Companies act can be used to classify them in general .

Ans: A non-governmental organisation is a nonprofit group founded with the goal of benefiting society. These organisations work on social challenges they believe are viable, including human rights, education, environmental issues, public policy, and health. Consumer protection act is to protect the rights of humans who are also consumers. Beginning an NGO is very easy, as is registering it in Indian records. To obtain the status of a legitimate organisation that is prepared to operate, one must complete a number of paperwork and applications. In addition, a recognised NGO enjoys numerous advantages over other organisations. Tax exemption, name reservation, legal authority, and other benefits are among these benefits. 

 Ans:  consumer" means any person who,-- (i) buys any goods 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 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 obtains such goods for resale or for any commercial purpose; or (ii) [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 ...

Ans: (b) "complainant" refers to (i) a customer; (ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956), or under any other currently in effect law; or] (iii) Any State Government or the Central Government that files a complaint; 3[(iv) a consumer or consumers, where several consumers have a common interest;] 4[(v) in the event that a consumer dies, his heir or legal representative;] (c) "Complaint" refers to any accusation made in writing by a complainant that-- 5[(i) any trader or service provider has engaged in an unfair trade practise or a restrictive trade practise;] (ii) 7[the items he purchased or agreed to purchase] have one or more flaws; (iii) 8[the services he employed or accessed or agreed to employ or access] have flaws of any kind; 9[(iv) a trader or service provider, as the case may be, has charged a price for the goods or for the services mentioned in the complaint that is higher than the price that is (a) fixed ...

Ans: 2[(aa) "branch office" means-- (i) any establishment characterised as a branch by the opposing party; or (ii) any institution carrying out either the same or substantially identical activity as that carried out by the head office of the establishment;]

Ans: In this Act, unless the context clearly dictates otherwise,-- 1[(a) "appropriate laboratory" means a laboratory or organisation that is: (i) recognised by the Central Government; (ii) recognised by a State Government, subject to any guidelines that the Central Government may prescribe in this regard; or (iii) any such laboratory or organisation established by or under any law currently in effect, and that is maintained, financed, or assisted by the Central Government or a State.

  Ans: The district forum, which handles complaints regarding products whose price, besides to the compensation demanded, is up to 20 lakh, is also a part of these consumer courts. Additionally, the state commission looks at complaints regarding goods and services with prices and compensation demands ranging from 20 lakh to 1 crore. Additionally, the national commission handles complaints concerning goods for which the price and demanded compensation surpasses one crore.

Ans: Filing lawsuit on behalf of consumers:  These organisations seek to foster both societal and individual well-being. They file a lawsuit against anyone they suspect of engaging in unfair business practises or market exploitation in order to safeguard the interests of the general public. Examples of situations include black marketing, adulteration, storing fraudulent or deceptive advertisements, etc.

Ans: Privatisation is the primary form of production in the market-oriented  capitalist economy. Additionally, consumers are still solely accountable for the things they choose. These manufacturing firms have grown into large, well-organized organisations with a strong hold on all the products on the market as a result of the changing times. Such private firms, in contrast to those under the supervision of democratic or other kinds of government, exclusively have financial gain as their goal. As a result, there have been cases of product tampering and adulteration done in an effort to deceitfully increase profits. Or, on some occasions, they use deceptive marketing techniques to trick customers into ending with their hard-earned cash. This occurs more frequently when goods or services are offered by any privately held businesses. When victims encounter such company entities, they frequently find themselves powerless to recover their stolen funds or obtain relief from their sufferin...

Ans: Consumer organisations are particular organisations that work to defend the public from corporate exploitation perpetrated by business owners, such as the sale of dangerous goods, fraudulent financing, deceptive advertising, and environmental pollution. Even during protests, consumer organisations could continue to operate.Consumer organisations are now a dominant force in encouraging customers to speak out against businesses that exploit them by selling shoddy and defective goods. In order to prepare students' academic programmes while taking into account the interests of consumers in society, consumer rights are also taught in educational institutions. It is required to learn about the consumer protection forums in consumer protection act.