Law of Consumer Protection: Multiple Choice Questions with answers: Part 11

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

Law of Consumer Protection: Multiple Choice Questions with answers: Part 11

101. ________ of the Consumer Protection Act, 1986 provides for definition of ‘deficiency’.

a) Section 2 (1) (e)

b) Section 2 (1) (f)

c) Section 2 (1) (g)

d) Section 2 (1) (h)

Ans. c) Section 2 (1) (g)

102. __________ of the Consumer Protection Act 2019 defines ‘deficiency’.

a) Section 2 (9)

b) Section 2 (10)

c) Section 2 (11)

d) Section 2 (12)

Ans. c) Section 2 (11)

103. What is a deficiency?

Ans. As per definition given in the Consumer Protection Act, deficiency means

1) any fault and/or

2) any imperfection and/or

3) any shortcoming and/or

4) any or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service.

5) Further such quality, nature and manner of performance of any service are prescribed by any law in force and/or

6) has been undertaken to be performed by a person in pursuance of a contract

7) Also, deficiency includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer and/or

8) deliberate withholding of relevant information by service provider or person entering into service providing contract to the consumer

104. __________ of the Consumer Protection Act 2019 defines ‘design’.

a) Section 2 (9)

b) Section 2 (10)

c) Section 2 (11)

d) Section 2 (12)

Ans. d) Section 2 (12)

105. The term ‘design’ in relation to a product means the intended or known _____________.

a) physical and material characteristics of such product

b) formulation or content of such product

c) manufacturing or other process used to produce such product

d) All of these

Ans. d) All of these

106. __________ of the Consumer Protection Act 2019 defines ‘direct selling’.

a) Section 2 (13)

b) Section 2 (14)

c) Section 2 (15)

d) Section 2 (16)

Ans. a) Section 2 (13)

107. The term ‘direct selling’ includes __________.

a) marketing, distribution and sale of goods

b) provision of services through a network of sellers

c) and location of such transaction may be permanent retail location or other authorised location

d) All of these

Ans. d) All of these

108. __________ of the Consumer Protection Act 2019 defines ‘Directorate-General’.

a) Section 2 (13)

b) Section 2 (14)

c) Section 2 (15)

d) Section 2 (16)

Ans. b) Section 2 (14)

109. Directorate general is appointed under ________ of the Consumer Protection Act 2019.

a) Sub-Section (2) of Section 15

b) Sub-Section (2) of Section 14

c) Sub-Section (2) of Section 13

d) Sub-Section (2) of Section 12

Ans. a) Sub-Section (2) of Section 15

110.  __________ of the Consumer Protection Act 2019 defines ‘District Commission’.

a) Section 2 (13)

b) Section 2 (14)

c) Section 2 (15)

d) Section 2 (16)

Ans. c) Section 2 (15)

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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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Law of Consumer Protection: Multiple Choice Questions with answers: Part 10

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

Law of Consumer Protection: Multiple Choice Questions with answers: Part 10

91. ________ of the Consumer Protection Act, 1986 provides for definition of ‘consumer dispute’.

a) Section 2 (1) (e)

b) Section 2 (1) (f)

c) Section 2 (1) (g)

d) Section 2 (1) (h)

Ans. a) Section 2 (1) (e)

92. ________ of the Consumer Protection Act, 2019 provides for definition of ‘consumer dispute’.

a) Section 2 (5)

b) Section 2 (6)

c) Section 2 (7)

d) Section 2 (8)

Ans. d) Section 2 (8)

 93. The consumer dispute means a dispute where the person against whom a complaint has been made,

a) denies the allegations contained in the complaint

b) disputes the allegations contained in the complaint

c) accepts the allegations contained in the complaint

d) Only a) and b)

Ans. d) Only a) and b)

94. ___________ of the Consumer Protection Act 1986 provides for rights of consumers.

a) Section 2

b) Section 4

c) Section 6

d) Section 8

Ans. c) Section 2 (6)

95. __________ of the Consumer Protection Act 2019 defines for rights of consumers.

a) Section 2 (9)

b) Section 2 (10)

c) Section 2 (11)

d) Section 2 (12)

Ans. a) Section 2 (9)

96. ________ of the Consumer Protection Act, 1986 provides for definition of ‘defect’.

a) Section 2 (1) (e)

b) Section 2 (1) (f)

c) Section 2 (1) (g)

d) Section 2 (1) (h)

Ans. b) Section 2 (1) (f)

97. __________ of the Consumer Protection Act 2019 defines ‘defect’.

a) Section 2 (9)

b) Section 2 (10)

c) Section 2 (11)

d) Section 2 (12)

Ans. b) Section 2 (10)

98. What is a defect?

a) fault in the quality, quantity, potency, purity, or standard which is to be maintained

b) imperfection in the quality, quantity, potency, purity or standard which is to be maintained

c) shortcoming in the quality, quantity, potency, purity or standard which is to be maintained

d) All of these

Ans. d) All of these

99. How quality, quantity, potency, purity, or standard which is to be maintained is decided?

a) prescribed by any law in force

b) described in a contract which is either express or implied

c) claimed by a trader concerning goods

d) all of these.

Ans. d) All of these

100. Defect is related to __________.

a) service

b) goods

c) both a) and b)

d) None of these

Ans. b) goods.

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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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Law of Consumer Protection: Multiple Choice Questions with answers: Part 9

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

Law of Consumer Protection: Multiple Choice Questions with answers: Part 9

81. What is meant by ‘branch office’ in Consumer Protection Act?

a) any establishment described as a branch by the opposite party

b) any establishment carrying on either the same or substantially the same activity as that carried on by the head office of the establishment

c) Both a) and b)

d) None of these

Ans. c) Both a) and b)

82. __________ defines term ‘Central Authority’ in The Consumer Protection Act, 2019.

a) Section 2 (1)

b) Section 2 (2)

c) Section 2 (3)

d) Section 2 (4)

Ans. d) Section 2 (4)

83. The Central Authority is established under _________ of The Consumer Protection Act, 2019 and it is named as the Central Consumer Protection Authority.

a) section 6

b) section 8

c) section 10

d) section 12

Ans. c) section 10

84. _________ provides definition of ‘complainant’ in The Consumer Protection Act, 1986.

a) Section 2 (1) (a)

b) Section 2 (1) (b)

c) Section 2 (1) (c)

d) Section 2 (1) (d)

Ans. b) Section 2 (1) (b)

84. _________ provides definition of ‘complainant’ in The Consumer Protection Act, 2019.

a) Section 2 (5)

b) Section 2 (6)

c) Section 2 (7)

d) Section 2 (8)

Ans. a) Section 2 (5)

85. _________ of Consumer Protection Act, 2019 provides definition of ‘complaint’.

a) Section 2 (5)

b) Section 2 (6)

c) Section 2 (7)

d) Section 2 (8)

Ans. b) Section 2 (6)

86. _________ of Consumer Protection Act, 1986 provides definition of ‘complaint’.

a) Section 2 (1) (a)

b) Section 2 (1) (b)

c) Section 2 (1) (c)

d) Section 2 (1) (d)

Ans. c) Section 2 (1) (c)

87. What is a complaint?

a) any allegation in writing made by a complainant for relief under the consumer protection act.

b) any allegation made orally by a complainant for relief under the consumer protection act.

c) Both a) and b)

d) None of these

Ans. a) any allegation in writing made by a complainant for relief under the consumer protection act.

88. ________ of the Consumer Protection Act, 1986 provides for definition of ‘consumer’.

a) Section 2 (1) (a)

b) Section 2 (1) (b)

c) Section 2 (1) (c)

d) Section 2 (1) (d)

Ans. d) Section 2 (1) (d)

89. ________ of the Consumer Protection Act, 2019 provides for definition of ‘consumer’

a) Section 2 (5)

b) Section 2 (6)

c) Section 2 (7)

d) Section 2 (8)

Ans. c) Section 2 (7)

90. Who can be a consumer as per the Consumer Protection Act?

Ans. A consumer can be

a) buyer of any goods purchased or

b) user of any goods purchased or

c) any person who hires or avails of any service or

d) any person who is beneficiary of any service hired or availed by any other person or

e) who pays for such goods and services in any system of payment or

f) or who promises to pay for such goods and services in any system of payment or

g) any person who is having the approval of use of such goods purchased or

h) any person who is with approval of benefit of such services.

The consumer does not include any person who is obtaining goods or availing services for any resale or commercial purpose.

It is specifically mentioned that ‘commercial purpose’ does not include the use of goods and services bought by a person to earn a livelihood through self-employment.

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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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When a complaint can be made under Consumer Protection Act?

 Vande Matram! Here is an answer to the question 'when to file a complaint?'

When a complaint can be made under Consumer Protection Act?

Ans. A complaint can be made by a complainant under Consumer Protection Act if

1) An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider.

2) The goods bought by him or agreed to be bought by him suffer from one or more defects.

3) The services hired or availed of or agreed to be hired or availed of by him suffer from a deficiency in any respect.

4) A trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price over the price—

(a) fixed by or under any law for the time being in force; and/or

(b) displayed on the goods or any package containing such goods; and/or

(c) displayed on the price list exhibited by him by or under any law for the time being in force; and/or

(d) agreed between the parties.

5) Goods that will be hazardous to life and safety when used are being offered for sale to the public,—

(a) in contravention of any standards relating to the safety of such goods as required to be complied with, by or under any law for the time being in force; and/or

(b) if the trader could have known with due diligence that the goods so offered are unsafe to the public;

6) services that are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;

7) A claim for product liability action lies against the product manufacturer, product seller, or product service provider, as the case may be.

Heads 1 to 6 were in the Consumer Protection Act, 1986, and head 7 was introduced in the Consumer Protection Act, 2019.

For your reference both the definitions from bare acts are reproduced here:

The Consumer Protection Act, 1986

Section 2 (1) (c) “complaint” means any allegation in writing made by a complainant that—

(i) an unfair trade practice or a restrictive trade practice has been adopted by 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 deficiency in any respect;

(iv) a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—

(a) fixed by or under any law for the time being in force;

(b) displayed on the goods or any package containing such goods;

(c) displayed on the price list exhibited by him by or under any law for the time being in force;

(d) agreed between the parties;

(v) goods which will be hazardous to life and safety when used are being offered for sale to the public,—

(a) in contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;

(b) if the trader could have known with due diligence that the goods so offered are unsafe to the public;

(vi) services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;

with a view to obtaining any relief provided by or under this Act;

The Consumer Protection Act, 2019

Section 2 (6) "complaint" means any allegation in writing, made by a complainant for obtaining any relief provided by or under this Act, that—

(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by 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 any deficiency;

(iv) a trader or a service provider, as the case may be, has charged for the goods or for the services 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 in force; or

(d) agreed between the parties;

(v) the goods, which are hazardous to life and safety when used, are being offered for sale to the public—

(a) in contravention of standards relating to safety of such goods as required to be complied 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 public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety;

(vii) a claim for product liability action lies against the product manufacturer, product seller, or product service provider, as the case may be.

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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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Who can be a complainant as per the Consumer Protection Act?

Vande Matram! Here is an answer to the question 'who can be complainant'

Who can be a complainant as per the Consumer Protection Act?

Ans. As per the original Consumer Protection Act, 1986 a complainant maybe

1) a consumer;

2) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force;

3) the Central Government or any State Government;

But after amendment by Act 50 of 1993, a complainant may include

4) one or more consumers, where numerous consumers are having the same interest;

Further amendment by Act 62 of 2002, a complainant maybe

5) in case of death of a consumer, his legal heir or representative who or which makes a complaint;

Further Consumer Protection Act, 2019 includes

6) the Central Authority and

7) in the case of a consumer being a minor, his parent or legal guardian is the complainant.

Thus now these 7 categories who can make a complaint under any provisions of the Consumer Protection Act are to be known as complainants.

For your reference, relevant clauses are reproduced here from the 1986 Act as well as the 2019 Act.

The Consumer Protection Act, 1986

Section (2) (1) (b) “complainant” means—

(i) a consumer; or

(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or

(iii) the Central Government or any State Government, who or which makes a complaint;

¹ [(iv) one or more consumers, where there are numerous consumers having the same interest;]

²[(v) in case of death of a consumer, his legal heir or representative;]

 

The Consumer Protection Act, 2019

Section 2 (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;

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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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Law of Consumer Protection: Multiple Choice Questions with answers: Part 8

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

Law of Consumer Protection: Multiple Choice Questions with answers: Part 8

69. _______ provides definition of ‘appropriate laboratory’ in the Consumer Protection Act, 1986.

a) Section 2 (1) (a)

b) Section 2 (1) (b)

c) Section 2 (1) (c)

d) Section 2 (1) (d)

Ans. a) Section 2 (1) (a)

70. _______ provides definition of ‘appropriate laboratory’ in the Consumer Protection Act, 2019.

a) Section 2 (1)

b) Section 2 (2)

c) Section 2 (3)

d) Section 2 (4)

Ans. b) Section 2 (2)

71. __________ provides definition of ‘advertisement’ in the Consumer Protection Act, 2019

a) Section 2 (1)

b) Section 2 (2)

c) Section 2 (3)

d) Section 2 (4)

Ans. a) Section 2 (1)

72. What is an advertisement?

Ans. The term "advertisement" means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents.

73. What are the means of advertisement?

Ans. Means of advertisement are light, sound, smoke, gas, print, electronic media, internet, or website.

74. What is included in an advertisement?

Ans. An advertisement includes any notice, circular, label, wrapper, invoice or such other documents.

75. Who recognises appropriate laboratory?

a) Central Government

b) State Government

c) Both a) and b)

d) None of these

Ans. c) Both a) and b)

76. Appropriate laboratory is established under _______.

a) any law in force

b) any law which is repealed

c) any bill pending in parliament

d) None of these

Ans. a) any law in force

77. Appropriate laboratory is maintained, financed or aided by the ____________.

a) Central Government

b) State Government

c) Both a) and b)

d) None of these

Ans. c) Both a) and b)

78. What is function of an appropriate laboratory defined under the Consumer Protection Act?

a) carrying out analysis or test of medicines with a view to determine whether such are good for consumers

b) carrying out analysis or test of any goods with a view to determine whether such goods suffer from any defect

c) carrying out analysis or test of any sample of evidence to determine such evidence are credible or not

d) all of these

Ans. b) carrying out analysis or test of any goods with a view to determine whether such goods suffer from any defect

79. Which section provides definition of term ‘branch office’ in The Consumer Protection Act, 1986?

a) Section 2 (1) (aa)

b) Section 2 (1) (b)

c) Section 2 (1) (c)

d) Section 2 (1) (d)

Ans. a) Section 2 (1) (aa)

80. Which section provides definition of term ‘branch office’ in The Consumer Protection Act, 2019?

a) Section 2 (1)

b) Section 2 (2)

c) Section 2 (3)

d) Section 2 (4)

Ans. c) Section 2 (3)

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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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Law of Consumer Protection: Multiple Choice Questions with answers: Part 7

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

 

Law of Consumer Protection: Multiple Choice Questions with answers: Part 7

61. __________ will inquire into, whether the shopkeeper is tied up by a manufacturer so that he can free him to have the choice as to stock-in-trade.

a) Monopolies Commission

b) Central Consumer Protection Council

c) Both a) and b)

d) None of the above

Ans. c) Both a) and b)

Explanation: The Commission will inquire into whether the shopkeeper is tied up by a producer so that it can liberate him to have his choice as to stock-in-trade. Such inquiry is carried out when a matter is brought to the notice of the Monopolies Commission that a shopkeeper is insisting upon his customers to buy goods of one sort only, leaving them with no choice. Section 6(c) of the Consumer Protection Act empowers the Central Consumer Protection Council to do the same.

62. Every customer has

a) the right to be heard

b) received due consideration at appropriate forums

c) Both a) and b)

d) None of the above

Ans. c) Both a) and b)

63.  The Central Consumer Protection Council has been charged with the responsibility of ensuring that

a) each customer dispute and disagreement is heard properly

b) consumer's interest will receive due consideration at appropriate forums.

c) Both a) and b)

d) None of the above

Ans. c) Both a) and b)

64. Every customer has the right to seek redressal against

a) unfair trade practices

b) restrictive trade practices

c) unscrupulous exploitation

d) All of the above

Ans. d) All of the above

Examples: 1) goods are marketed with ISI mark but in reality, they do not correspond with the requisite standard, 2) the money for the purchase of a car is deposited in advance but no car is given within the prescribed time, 3) the lawn is booked for marriage on non-refundable deposit but on the rescheduling of the marriage date the lawn is not made available for marriage when in fact it was free that day, 4)  selling old renovated goods as new, 5) selling oil which can cure baldness or medicines or which can cure leucoderma when in fact they are not capable of curing these problems, are all included in unfair trade practices.

65. Every consumer has a right to education which means that every consumer must be made aware of ______________.

a) his rights

b) his legal remedies

c) Both a) and b)

d) None of the above

Ans. c) Both a) and b)

66. As per V M Shukla, where people do not exercise their _________, the system of remedies tends to become rusted.

a) fundamental rights

b) legal duties

c) moral duties

d) legal remedies

Ans. d) legal remedies

67. People should have knowledge of their rights and the availability of legal remedies when such ______________.

a) rights are not available

b) rights are curtailed

c) cheating happens

d) None of the above

Ans. b) rights are curtailed

68. By _________ the Central Consumer Protection Council has been charged with the responsibility of providing proper education to the people in terms of their remedies under the Consumer Protection Act.

a) Section 6(c)

b) Section 6(d)

c) Section 6(e)

d) Section 6(f)

Ans. d) Section 6(f)

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Reference:

Aims and Objectives of the Consumer Protection Act, 1986

 

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