Consumer Protection - Law Dictionary Search Results
Home Dictionary Name: consumer protection Page: 2District Forum
District Forum, 'District Forum' means a Consumer Disputes Redressal Forum established under clause (a) of, s. 9. [Consumer Protection Act, 1968 (68 of 1986), s. 2(1)(h)]...
National Commission
National Commission, means the National Consumer Disputes Redressal Commission established under clause (c) of s. 9. [Consumer Protection Act, 1986 (68 of 1986), s. 2 (1) (k)]...
unfair trade practice
unfair trade practice : any of various deceptive, fraudulent, or otherwise injurious (as to a consumer) practices or acts that are declared unlawful by statute (as a consumer protection act) or recognized as actionable at common law ...
Respondent
Respondent, a party answering in a suit, whether for himself or another; the defendant in an appeal; the defendant in a suit in the Court for Divorce.It includes an intervener. [Supreme Court Rules, 1966, s. 2 (1) (o)]It means the person who answers any memorandum of appeal. [Consumer Protection Rules, 1987, s. 2 (h)]Means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner. [Protection of Women from Domestic Violence Act, 2005, s. 2(q)]...
Trader
Trader, imports buying and selling of commodities and is not to be understood in a wide sense, as including manufacture. It cannot be said that the business of a film producer which is that of manufacture of films or that of distribution of films is that of buying and selling within the meaning of the word 'trade', Attar Hussain v. Fazli Brothers Ltd., AIR 1946 Bom 481: (1946) 48 Bom LR 377: 1946 Bom Rul 300.Means a person who 'in his normal course of business, buys or sells any notified agricultural produce, State of Madhya Pradesh v. Hardeo Shrinath, AIR 1994 SC 2538: AIR 1994 SCW 358: (1994) 4 SCC 707: (1994) 4 JT SC 471: 1994 Jab LJ 526: (1994) 95 STC 565.Means a person who 'in his normal course of business' 'buys or sells' but does not include agriculturist. The normal course of business of an agriculturist is neither buying nor selling, State of Madhya Pradesh v. Hardeo Shrinath, AIR 1994 SC 2538. [see M.P. Krishi Upaj Mandi Adhiniyam, 1973, s. 2(p)]Means a person who buys notifi...
Potential
Potential, in Oxford Dictionary it is defined as 'capable of coming into being, possibility'. In Black's Law Dictionary it is defined as extending in possibility but not in act'. Naturally and probably expected to come 'into existence at some future time, though not now existing; for example, the future product of grain or trees already planted, or the successive future instalments or payments on a contract or engagement, already made.' In other words service which is not only extended to actual users but those who are capable of using it are covered in the definition. The clause is thus very wide and extends to any or all actual or potential users, Lucknow Development Authority v. M.K. Gupta, (1994) 1 SCC 243: AIR 1994 SC 787 (793). [Consumer Protection Act, 1986, s. 2(o)]...
Deficiency
Deficiency, means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the tie being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. [Consumer Protection Act, 1986 (68 of 1986), s. 2 (1) (g)]That part of debt secured by mortgage not realised from sale of mortgaged property. A judgment or decree for the amount of such deficiency is called 'a deficiency judgment' or decree (stroud)...
Defect
Defect, means any fault, imperfection or short-coming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods. [Consumer Protection Act, 1986 (68 of 1988), s. 2 (1) (f)]...
Commercial purpose
Commercial purpose, 'Commercial' denotes 'pertaining to commerce'; it means 'connected with, or engaged in commerce; mercantile; having profit as the main aim' whereas the word 'commerce' means 'financial transactions especially buying and selling of merchandise, on a large scale', Laxmi Engineering Works v. P.S.G. Industrial Institute, (1995) 3 SCC 583: AIR 1995 SC 1428 (1435). [Consumer Protection Act (68 of 1986), s. 2(d)]Means a hydrocarbon mixture consisting predominantly of propane, propylene or any mixture of them, Halsbury's Laws of England, Vol. 20, para 669, p. 535.Observation of the National Commission that commercial purpose would mean 'profit-making activity on a large scale', Kalpavruksha Charitable Trust v. Toshniwal Brothers (Bombay) Pvt. Ltd., (2000) 1 SCC 512....
Contract of service and contract for service
Contract of service and contract for service, a 'contract for service' implies a contract whereby one party undertakes to render services e.g. professional or technical services, to or for another in the performance of which he is not subject to detailed direction and control but exercises profes-sional or technical skill and uses his own know-ledge and discretion. (See: Oxford Companion to law, p. 1134). A 'contract of service, implies relationship of master an servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance. (See: Stroud's Judicial Dictionary, 5th Edn., p. 540, Indian Medical Assn. v. V.P. Shantha, (1985) 6 SCC 651 (674). (Consumer Protection Act, 1986)...
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