1. Concepts and definitions

2.  The complainant has suffered loss or damage
as a result of any unfair trade practice adopted
by any trader or service provider;
 The goods mentioned in the complaint suffer
from one or more defects;
 The services hired or availed suffer from
deficiency in any respect;

3.  The trader or service provider has charged for the
goods or for the service 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;
 The goods or services which will be hazardous to
life and safety when used are being offered for sale
to public.

4.  A consumer is a person who buys or hires and
goods or services for a consideration, i.e. free
services are not covered under the Act.
 It excludes a person who buys or hires for
commercial purpose/activity and not for self-
consumption.
 Therefore, you are a consumer, if you have paid
for anything for self consumption, and not hired or
purchased for selling it further or to be deployed
in a commercial activity on a large scale, as was
held in Laxmi Engineering Works vs. P.S.G. Industrial
Institute on 4 April, 1995

5.  Commercial purpose encompasses all business
activities. It means occupied with commerce.
 All such cases where goods are purchased for
being used in any activity directly to generate
profit will come under the purview of
commercial purpose. E.g.
- Purchase of printing machine for commercial
purpose, purchase of taxi for commercial
purpose, purchase of machine in a plant or
factory etc.

6.  Exceptions:
If the goods are used by the buyer himself
exclusively for purpose of self-employment or
earning his livelihood then same will not come
under the purview of commercial purpose.
e.g. A purchase of truck as public carrier for
self employment; A starts a small PCO shop to
earn his livelihood etc.

7.  Defect mean lack or absence of something
essential for completeness.
 So if there is any shortage in the quality of
goods, it amounts to defect in goods.
e.g. TV set purchased developed with black
spots on its picture tube; gas cylinder with
excessive gas etc.

8.  Deficiency means any fault, imperfection,
shortcoming or inade-quacy in the quality,
nature and manner of performance which is
required to be maintained by or has been
undertaken to be performed by a person in
pursuance of a contract or otherwise in relation
to any service.
Hence, deficiency refers to the service and
defect refers to any goods.

9.  We have read deficiency, now lets read services:
"service" means service of any description which is
made avail-able to potential users and includes,
the provision of facilities in connection with
- banking,
- financing insurance,
- transport,
- processing,
- supply of electrical or other energy,

10. - board or lodging or both,
- housing construction,
- entertainment, amusement or the purveying
of news or other information,
but does not include the rendering of any
service free of charge or under a contract of
personal service.

11.  So services means services made available to
potential users that is not only to actual users
bit also the those who are capable of using it;
 It should not be free of charge;
 It should not be under a contract of personal
service.
Hence deficiency as explained earlier in
mentioned services amount to deficiency in
services under the Act.

12.  Any trade practice which for the purpose of
promoting the sale, use or supply of any goods
or for provision of any services, adopts any
unfair or deceptive practice including any of
the following practices:
- falsely representing the goods as conforming
to a particular standard, quality, quantity,
potency, purity;
- falsely representing the services are of a
particular standard, quality or grade;

13. - falsely representing any re-built, second hand,
renovated, reconditioned or old goods as new
goods;
- falsely representing that the goods or services
have a certain sponsorship or approval or
affiliation, characteristics, accessories, use or
benefits;

14. - misleading representation concerning the
need for, or the usefulness of any goods or
services;
- giving any warranty or guarantee of the
performance of efficacy of the product without
any proper test thereof.