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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Law of Consumer Protection: Multiple Choice Questions with answers: Part 6

 

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 6

 

51. any consumer who has been injured either in his _______ may come for protection and he will have a speedy and effective remedy for redressal.

a) property

b) person

c) Both a) and b)

d) None of the above

Ans. c) Both a) and b)

Explanation: The Act gives each client the option to be secured against risky products and administration which are hazardous to life and property. Perilous merchandise incorporates for instance contaminated food varieties, opiate drugs; powerless concrete, and so on every one of these being risky to life just as property. Government authority has a few laws available to them for the avoidance of showcasing dangerous labor and products. Any purchaser who has been harmed either in his individual or property might come for insurance and he will have a quick and successful solution for redressal.

52. Likewise, the term _________ includes the ultimate user of the article or anyone who is within the physical proximity of it.

a) service provider

b) client

c) consumer

d) customer

Ans. c) consumer

53. Right of information has been given to the customers to protect them from _________.

a) unfair trade practices

b) fraud

c) forgery

d) All of the above

Ans. a) unfair trade practices

Explanation: Every consumer has the right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services, as the case may be, he buys or avails of Right of information has been given to the customers to protect them from unfair trade practices.

54. The term __________ has been described in Section 2 (1) (r).

a) unfair trade practice

b) trader

c) service

d) restrictive trade practice

Ans. a) unfair trade practice

55. What are the unfair trade practices as per the Consumer Protection Act?

Ans. Unfair trade practices include

1) a false representation that goods or services are of particular standard, quality, grade, etc.;

2) any false warranty or guarantee of performance of the goods or services;

3) publication of advertisement for sale or supply of goods or service at a bargain price that is not intended to be offered for sale or supply at the bargain price;

4) offering of gifts, prizes, or other items with the intention of not providing them as offered or creating an impression that something is being offered free of charge when it is not so in reality.

56. Consumer Protection Council v. National Dairy Development Board is the case elaborating _______.

a) right to liberty of life of consumer

b) right to information of consumer

c) right to sue of consumer

d) right to education of the consumer

Ans. b) right to information of consumer

Explanation: The instance of Consumer Protection Council v. Public Dairy Development Board can be helpfully referred to here. For this situation, the complainant needed to realize that how the dairy board was utilizing the imported palmolein oil yet the Board was not outfitting the essential data because as indicated by it the figures were advantaged from exposure in the public interest. It was held that the complainant reserved the option to data.

57. In cases of unfair trade practices, the consumer may apply _______.

a) the Monopolies Commission under the Monopolies and Restrictive Trade Practices Act, 1969

b) the Consumer Redressal Forum constituted under the Consumer Protection Act, 1986

c) Both a) and b)

d) None of the above

Ans. c) Both a) and b)

58. Every consumer will get variety of goods and services at competitive prices only when there is ________________.

a) an organization of market

b) fixation of market prices

c) Both a) and b)

d) None of the above

Ans. c) Both a) and b)

59. Fixation of market prices should be in such a way that __________.

a) the goods are being offered at competitive prices

b) all dealers are supplied with a variety of goods for benefit of the consumer

c) Both a) and b)

d) None of the above

Ans. c) Both a) and b)

60. This responsibility of bringing organization of market and market prices has been cast upon the _______________ by the Consumer Protection Act.

a) Consumer Guidance Society of India

b) Consumer Redressal Forum

c) Consumer Rights Organisation

d) Central Consumer Protection Council

Ans. d) Central Consumer Protection Council

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Reference:

Aims and Objectives of the Consumer Protection Act, 1986

 

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Law of Consumer Protection: Snippet of Judgements: Part 1

Vande Matram! Here are snippets of 5 judgments on the Law of Consumer Protection in India.

1) Consumer Protection Council v. Public Dairy Development Board 

The instance of Consumer Protection Council v. Public Dairy Development Board can be helpfully referred to here. For this situation, the complainant needed to realize that how the dairy board was utilizing the imported palmolein oil yet the Board was not outfitting the essential data because as indicated by it the figures were advantaged from exposure in the public interest. It was held that the complainant reserved the option to data.

2) India photographic Co v. HD Shourie

In this case, an importer of films was not able to print prices on films because the nature of his trade did not permit him to open packages. Therefore, he was directed to make a condition of attaching price tags to each item before selling them to his retailers. Similarly, when Rs.88/- was charged for an article which showed the price Rs.75 inclusive of taxes the buyer was given compensation for Rs.500/-.

3) 

Law of Consumer Protection: Multiple Choice Questions with answers: Part 5

 

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 5

 

39. In modern times, it was with the emergence of the laissez-faire economy that the thought of consumer is _______ was widely followed and accepted.

a) pawn

b) queen

c) king

d) bishop

Ans. c) king

40. Donoghue v. Stevenson is the hallmark in the case regarding ________.

a) consumer exploitation

b) consumer protection

c) consumer awareness

d) law of torts

Ans. b) consumer protection

Explanation: The leading case of Donoghue v. Stevenson is taken into account to be the landmark judgment for laws regarding product liability where the manufacturer was accountable for the presence of a snail in the ginger beer bottle. This is the hallmark in the case regarding consumer protection and called for the need for legislation to take care of the customers and protect their interests.

41. The Consumer Protection Act was passed in 1986 and it came into force on __________.

a) 1st July 1987

b) 1st July 1988

c) 1st July 1989

d) 1st July 1990

Ans. a) 1st July 1987

42. The Consumers Protection Act applies to all goods, services, and unfair trade practices unless ______.

a) specifically exempted by the Central Government.

b) specifically exempted by the State Government.

c) specifically exempted by any local body government.

d) specifically exempted by the Indian Penal Code.

Ans. a) specifically exempted by the Central Government.

43. The Consumers Protection Act covers_____________.

a) private sector

b) public sector

c) co-operative sector

d) all of the above

Ans. d) all of the above

44. The Consumers Protection Act provides for the establishment of consumer protection council at the ________________.

a) central level

b) state-level

c) district-level

d) all of the above

Ans. d) all of the above

45. The Consumers Protection Act promotes and protects the rights of consumers and a _________ quasi consumer's grievances and disputes.

a) multi-leveled

b) three-tier

c) uniform

d) none of the above

Ans. b) three-tier

46. The Consumers Protection Act provides statutory recognition to the ______ rights of consumers.

a) six

b) two

c) seven

d) ten

Ans. a) six

47. The introduction of new products in the developing countries was to be asserted in relation to the ________ having regard to the existing production distribution and consumption pattern of the country or region concerned.

a) profit earned in any way

b) local conditions

c) financial conditions of consumers

d) None of these

Ans. b) local conditions

48. For the settlement of consumer disputes and other connected matters, the Consumer Protection Act has made provisions for ___________.

a) the establishment of Lok Adalat.

b) the filing of a complaint in any civil court

c) the establishment of consumer councils.

d) all of the above.

Ans. c) the establishment of consumer councils.

Explanation: For the settlement of consumer disputes and other connected matters, the Act has made provisions for the establishment of consumer councils. At the district, state, and central level quasi-judicial machinery has been set up which will observe the principles of natural justice and provide speedy and simple redressal to consumer disputes.

49. What are the rights of a consumer as per the Consumer Protection Act?

Ans. Every customer has certain rights and responsibilities which the Consumer Protection Act seeks to protect. They are:

1) every consumer has the right to be informed about the quality, quantity, potency, purity standards, and price of goods,

2) the right to be protected against marketing of goods that are hazardous to life and property,

3) the right to access to a variety of goods at a competitive price,

4) the right to consumer education,

5) right to be heard and to be assured that consumers interest will receive due consideration at the appropriate forum

6) the right to seek redressal against unfair trade practices and unscrupulous exploitations of consumers.

50. The objects of the Consumer Protection Act are given in ___________ which makes it the responsibility of the Centre Consumer Protection Council for achieving those objects.

a) Section 6

b) Section 7

c) Section 8

d) Section 9

Ans. Section 6

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Reference:

Aims and Objectives of the Consumer Protection Act, 1986

 

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Law of Consumer Protection: Multiple Choice Questions with answers: Part 4

 

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 4

31. From educational activities and handling complaints, consumer movement ventured into areas involving ____________.

a) lobbying

b) litigation

c) laboratory testing

d) all of the above

Ans. d) all of the above

32. Consumer movement has played a role in hastening the process of passing the Consumer Protection Act, 1986 which has led to the fourth stage.

a) Consumer Protection Act, 1986

b) Right to Information Act, 2005

c) Companies Act, 2013

d) Standards of Weights and Measures Act of 1956

Ans. a) Consumer Protection Act, 1986

33. The Consumer Protection Act, 1986 enshrines the ___________ and provides for setting up of quasi-judicial authorities for redressal of consumer disputes.

a) seller rights

b) trader rights

c) consumer rights

d) producer rights

Ans. c) consumer rights

34. _______ takes justice in the socio-economic sphere a step closer to the common man.

a) Consumer Protection Act, 1986

b) Right to Information Act, 2005

c) Companies Act, 2013

d) Standards of Weights and Measures Act of 1956

Ans. a) Consumer Protection Act, 1986

35. The nationalised banks are observing __________ as the 'Customer Grievance Day.' where an aggrieved consumer can walk into the top managers' offices in their respective town, district, or zone.

a) 5^th of every month

b) 3^rd Saturday of every month

c) 15^th of every month

d) 25^th of every month

Ans. c) 15^th of every month

36. ____________, of more than 20 years standing, is also trying to help in the redressal of complaints against business from individual consumers or groups.

a) Bar Council of India

b) Central Council for Indian Medicine

c) Statutory Professional Council

d) The Council of Fair Business Practices

Ans. d) The Council of Fair Business Practices

37. __________ has set up a Consumer Business Forum which meets once a quarter in different cities of the country.

a) Federation of States (FOS)

b) Federation of Indian Chambers of Commerce and Industry (FICCI)

c) Federation of Indian Export Organisation (FIEO)

d) None of These

Ans. b) Federation of Indian Chambers of Commerce and Industry (FICCI)

38. Extra shot for your knowledge on Law of Consumer Protection in India

Indeed, the people in different parts of the country today celebrate in different ways the dates dedicated to the remembrance of ancient periods during which, it is believed, people's welfare was the first concern of the rulers. 'Onam' in Kerala is one such example. The folk songs relating to Onam celebrate the fact that during the rule of King Mahaballi, people were not at all exploited in any manner. It is believed that there were no shortages or malpractices in weights or measures and nor excessive advertisements.

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References:

1. UNIT 6 CONSUMER MOVEMENT IN INDIA

 

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