Capacity to Contract
NOTE ON CONSUMER PROTECTION ACT, 1986
A person may be consumer of goods, or services. When I purchase a fan, a gas stove or a refrigerator, I could be the consumer of goods.
When I open a bank account, take an insurance policy, get my car repaired, I could be the consumer of services.
The consumer protection Act, 1986 tries to help a consumer when for example, the goods purchased are defective or the services rendered to him are subject to so deficiency.
Prior to the consumer Protection Act, 1986 for any consumer complaint one had to go to an ordinary Civil Court. He had to engage a lawyer, pay the necessary fee, and be harassed for years or decades before any outcome, positive or negative, was there in that litigation.
Under the Consumer Protection Act, no Court fee has to be paid and the decision on the complaint is much quicker, as the Court can evolve a summary procedure in disposing off the complaint.
CASE LAWS ON THE ACT.
Pecuniary Jurisdiction
In Krishan Dass Chaurasia V. State Bank of India (1995) the total claim in a complaint did not exceed Rs. 1,00,000/-. It was held that the matter was not within the jurisdiction of the State Commission and such a claim was rejected by the State Commission. The Complainant could seek the remedy from the District Forum. Therefore, jurisdiction, which is vested in a district Forum cannot be created for State Commission by merely exaggeration of a claim.
In B. Raghunath Vs Trans India Tourism (1996) the complainant had suffered a loss of Rs. 5,000/-, according to his own statement. He claimed compensation of Rs. 5,00,000. It was evident that he had purposely boosted his claim to bring the matter within the pecuniary jurisdiction of the State Commission.
The complaint was returned bt the State Commission for presentation in proper District Forum with necessary correction.
NO ACTION WHERE NO TERRITORIAL JURISDICTION
In J. K. Synthethetics Vs. Smt. Anita Bhargava (1993)
A person may be consumer of goods, or services. When I purchase a fan, a gas stove or a refrigerator, I could be the consumer of goods.
When I open a bank account, take an insurance policy, get my car repaired, I could be the consumer of services.
The consumer protection Act, 1986 tries to help a consumer when for example, the goods purchased are defective or the services rendered to him are subject to so deficiency.
Prior to the consumer Protection Act, 1986 for any consumer complaint one had to go to an ordinary Civil Court. He had to engage a lawyer, pay the necessary fee, and be harassed for years or decades before any outcome, positive or negative, was there in that litigation.
Under the Consumer Protection Act, no Court fee has to be paid and the decision on the complaint is much quicker, as the Court can evolve a summary procedure in disposing off the complaint.
CASE LAWS ON THE ACT.
Pecuniary Jurisdiction
In Krishan Dass Chaurasia V. State Bank of India (1995) the total claim in a complaint did not exceed Rs. 1,00,000/-. It was held that the matter was not within the jurisdiction of the State Commission and such a claim was rejected by the State Commission. The Complainant could seek the remedy from the District Forum. Therefore, jurisdiction, which is vested in a district Forum cannot be created for State Commission by merely exaggeration of a claim.
In B. Raghunath Vs Trans India Tourism (1996) the complainant had suffered a loss of Rs. 5,000/-, according to his own statement. He claimed compensation of Rs. 5,00,000. It was evident that he had purposely boosted his claim to bring the matter within the pecuniary jurisdiction of the State Commission.
The complaint was returned bt the State Commission for presentation in proper District Forum with necessary correction.
NO ACTION WHERE NO TERRITORIAL JURISDICTION
In J. K. Synthethetics Vs. Smt. Anita Bhargava (1993)