THE CONSUMER PROTECTION ACT, 2019 | CA B K Goyal & Co LLP

Definitions In this Act, unless the context otherwise requires,—(1) “advertisement” means any audio or visual publicity, representation, endorsement orpronouncement made by means of light, sound, smoke, gas, print, electronic media, internet orwebsite and includes any notice, circular, label, wrapper, invoice or such other documents;(2) “appropriate laboratory” means a laboratory or an organisation—(i) recognised by the Central Government; or(ii) recognised by a State Government, subject to such guidelines as may be issued by theCentral Government in this behalf; or(iii) established by or under any law for the time being in force, which is maintained,financed or aided by the Central Government or a State Government for carrying out analysis ortest of any goods with a view to determining whether such goods suffer from any defect;(3) “branch office” means—(i) any office or place of work described as a branch by the establishment; or(ii) any establishment carrying on either the same or substantially the same activity carried onby the head office of the establishment;(4) “Central Authority” means the Central Consumer Protection Authority established under 1. 20th July, 2020.—S. 2 [Except clauses (4), (13), (14), (16), (40)], s. 3 to 9 (both inclusive), s. 28 to 73 (both inclusive)[Except sub-clause (iv) of clause (a) of sub-section (1) of section 58], s. 74 to 81 (both inclusive), s. 82 to 87 (both inclusive),s. 90 and 91 [Except sections 88, 89, 92 and 93], s. 95, 98,100 and 101 [Except clauses (f) to (m) and clauses (zg), (zh) and (zi)of sub-section 2], s. 102, 103, 105, 106, 107 [Except sections 94, 96, 97, 99, 104], vide notification No. S.O. 2351(E),dated 15th July, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii).2. 24th July, 2020.– S. 2 [clauses (4), (13), (14), (16), (40)], s. 10 to 27 (both inclusive), sub-clause (iv) of clause (a) ofsub-section (1) of section 58, s. 88, 89, 92 and 93, 94, 96, 97 and 99, clause (f) to (m) of sub-section 2 and clauses (zg), (zh)and (zi) of sub-section 2 of s. 101, 104, vide notification No. S.O. 2421(E), dated 23rd July 2020, see Gazette of India,Extraordinary, Part II, sec. 3(ii).5section 10;(5) “complainant” means—(i) a consumer; or(ii) any voluntary consumer association registered under any law for the time being in force; or(iii) the Central Government or any State Government; or(iv) the Central Authority; or(v) one or more consumers, where there are numerous consumers having the same interest; or(vi) in case of death of a consumer, his legal heir or legal representative; or(vii) in case of a consumer being a minor, his parent or legal guardian;(6) “complaint” means any allegation in writing, made by a complainant for obtaining any reliefprovided by or under this Act, that—(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adoptedby any trader or service provider;(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from anydeficiency;(iv) a trader or a service provider, as the case may be, has charged for the goods or for theservices mentioned in the complaint, a price in excess of the price—(a) fixed by or under any law for the time being in force; or(b) displayed on the goods or any package containing such goods; or(c) displayed on the price list exhibited by him by or under any law for the time being inforce; or(d) agreed between the parties;(v) the goods, which are hazardous to life and safety when used, are being offered for sale tothe public–(a) in contravention of standards relating to safety of such goods as required to becomplied with, by or under any law for the time being in force;(b) where the trader knows that the goods so offered are unsafe to the public;(vi) the services which are hazardous or likely to be hazardous to life and safety of the publicwhen used, are being offered by a person who provides any service and who knows it to beinjurious to life and safety;(vii) a claim for product liability action lies against the product manufacturer, product selleror product service provider, as the case may be;(7) “consumer” means any person who—(i) buys any goods for a consideration which has been paid or promised or partly paid andpartly promised, or under any system of deferred payment and includes any user of suchgoods other than the person who buys such goods for consideration paid or promised or partlypaid or partly promised, or under any system of deferred payment, when such use is madewith the approval of such person, but does not include a person who obtains such goods forresale or for any commercial purpose; or(ii) hires or avails of any service for a consideration which has been paid or promised orpartly paid and partly promised, or under any system of deferred payment and includes anybeneficiary of such service other than the person who hires or avails of the services for6consideration paid or promised, or partly paid and partly promised, or under any system ofdeferred payment, when such services are availed of with the approval of the first mentionedperson, but does not include a person who avails of such service for any commercial purpose.Explanation. —For the purposes of this clause, —(a) the expression “commercial purpose” does not include use by a person of goodsbought and used by him exclusively for the purpose of earning his livelihood, by meansof self-employment;(b) the expressions “buys any goods” and “hires or avails any services” includesoffline or online transactions through electronic means or by teleshopping or directselling or multi-level marketing;(8) “consumer dispute” means a dispute where the person against whom a complaint has beenmade, denies or disputes the allegations contained in the complaint;(9) “consumer rights” includes,–(i) the right to be protected against the marketing of goods, products or services which arehazardous to life and property;(ii) the right to be informed about the quality, quantity, potency, purity, standard and price ofgoods, products or services, as the case may be, so

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