Consumer, consumer dispute and the key definitions of the 2019 Act
LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act, Unit IV: Concept of a consumer and a consumer dispute under the Act. · LLB · 60 min
The definitions on which every consumer case turns: consumer (s. 2(7)) with its commercial-purpose exclusion and the livelihood and online Explanations, complainant (s. 2(5)), complaint (s. 2(6)), consumer dispute (s. 2(8)), defect (s. 2(10)), deficiency (s. 2(11)), service (s. 2(42)), unfair and restrictive trade practices (ss. 2(47), 2(41)), unfair contract (s. 2(46)), misleading advertisement (s. 2(28)) and e-commerce (ss. 2(16)-(17)), with the leading cases from Lucknow Development Authority v. M.K. Gupta to Shrikant G. Mantri v. Punjab National Bank. It answers the short notes on "consumer" (2019-20, 2024-25, 2025-26), "consumer dispute" (2023-24) and "deficiency in service" (2023-24).
Objectives
- Quote and analyse the definition of consumer in s. 2(7) and its 1986 equivalent s. 2(1)(d).
- Apply the commercial-purpose exclusion and the self-employment Explanation using Laxmi Engineering Works, Lilavati Kirtilal Mehta Medical Trust and Shrikant G. Mantri.
- Explain who may complain, what a complaint may allege and when a consumer dispute arises.
- Distinguish defect in goods from deficiency in service and state what 'service' includes and excludes.
- Identify unfair trade practices, restrictive trade practices, unfair contracts and misleading advertisements.
Slides
- Who is a consumer: s. 2(7)
- Users, beneficiaries and consideration
- Commercial purpose and self-employment
- Service: s. 2(42), housing and the Lucknow Development Authority case
- Medical services: Indian Medical Association v. V.P. Shantha
- Complainant, complaint and consumer dispute
- Defect and deficiency
- Unfair and restrictive trade practices
- Unfair contract, misleading advertisement, endorsement
- E-commerce and the other new definitions
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