Consumer Protection Act, 1986

‘Service’ under the Consumer Protection Act means, “service of any description which is made available to potential users” includes but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, 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,”[ Sec. 2(1)(0) C.P. Act.]

As per Sec. 2(1)(d) of the Consumer Protection Act Consumer means “any person who,

  • hires or avails of any services for consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose” [Section 2(1)(d)].

If after the proceeding conducted under section 13, the District Forum is satisfied that the goods complained against suffer from any of the defect specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to [do] one or more of the following things, namely,-

  • to return to the complainant the price, or, as the case may be, the charges paid by the complainant ;
  • to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party ;
    [provided that the District Forum shall have the power to grant punitive damages in such circumstances as it deems fit;]
  • to return to the complainant the price, or, as the case may be, the charges paid by the complainant ;
  • to return to the complainant the price, or, as the case may be, the charges paid by the complainant ;

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