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Law Aspire (Legal)     01 December 2016

Definition issues of consumer protection act

Hi All Need some Clarifications on Questions of Consumer Protection Act,1986: (1) Section 2(b)(ii) states that a Voluntary Consumer Asssociation registered under Companies Act,1956 or under any other Law for the Time being in force. In Companies Act ,1956 no Provision is there for registration of such Association. Kindly provide clarification. (2) A person who is a retailer and earning his livelihood from sale of any particular products is a Consumer for Whole Seller and Manufacturer or Not? (Selling of Goods for earning Livelihood by means of Self Employment) Kindly clarify with reference to Section 2(d)(i) and Explanation to this given under Consumer Protection Act. (3) Definition of Manufacturer under Consumer Protection Act, 1986: If Company ABC Ltd manufactures a Toothbrush and the same is sold by XYZ Limited and on the packing of the Toothbrush it is specifically mentioned that Manufactured by ABC Ltd and Marketed by XYZ Limted In this case if any defect comes in the tooth brush against whom Complaint wil be filed? (4) Under Section 2(m ) the definition of Person does not include the term Company or Companies. (5) What is the basic differences between Restrictive Trade Practice and Unfair Trade Practices under the Consumer Protection Act,1986?


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 2 Replies

P. Venu (Advocate)     02 December 2016

Very good question paper!

Law Aspire (Legal)     03 December 2016

Hi All Need some Clarifications on Questions of Consumer Protection Act,1986:

 

(1) Section 2(b)(ii) states that a Voluntary Consumer Asssociation registered under Companies Act,1956 or under any other Law for the Time being in force. In Companies Act ,1956 no Provision is there for registration of such Association. Kindly provide clarification.

(2) A person who is a retailer and earning his livelihood from sale of any particular products is a Consumer for Whole Seller and Manufacturer or Not? (Selling of Goods for earning Livelihood by means of Self Employment) Kindly clarify with reference to Section 2(d)(i) and Explanation to this given under Consumer Protection Act.

(3) Definition of Manufacturer under Consumer Protection Act, 1986: If Company ABC Ltd manufactures a Toothbrush and the same is sold by XYZ Limited and on the packing of the Toothbrush it is specifically mentioned that Manufactured by ABC Ltd and Marketed by XYZ Limted In this case if any defect comes in the tooth brush against whom Complaint wil be filed?

(4) Under Section 2(m ) the definition of Person does not include the term Company or Companies.

(5) What is the basic differences between Restrictive Trade Practice and Unfair Trade Practices under the Consumer Protection Act,1986?

 


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