Monday, December 22, 2008

WHO CAN NOT TAKE BENEFIT OF CONSUMER PROTECTION ACT

As per definition of “Consumer”, “Goods” and “Services” given in Act, following cannot take benefit of Consumer Protection Act -
i) Free Goods/Services - Person having Goods/ Services free of cost is not Consumer and cannot be benefited by this Act.
ii) Reseller - Person Purchaser of Goods for resale cannot take benefit of this Act.
iii) Commercial Purpose - Person purchasing Goods/ Services for commercial purpose is also out of preview of this Act.
iv) Personal Services - Definition of Service exclude personal services also from the preview of this Act. Personal Services means where relation of Employer-Employee exists. An Employer though paid Employee for his services so costing to the definition of Consumer he can also be termed as “Consumer” but definition of “Service” in Consumer Protection Act specifically exclude this relation out of the definition of Service and thus out of the preview of the Act.
v) Statutory Services - Through various pronouncements of Supreme Court and Consumer Courts now it is also clear that various services given by State i.e. “Registration of Documents”, “Approval of Construction Plan” etc. do not fall under “Service” as the fees paid for them is not consideration by statutory levy, so user of such services also cannot take benefit of this Act.

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