Case 01
CBSE BOARD 2024, Set 1
Rohan purchased a brand new SUV for Rs. 85 Lakhs from a reputed dealer in Delhi. Within two months of purchase, he noticed a major engine vibration and oil leakage. Despite several visits to the service center, the problem was not resolved. Rohan decided to file a complaint against the manufacturer for selling a defective product. He is confused about where to file the complaint. His friend told him that since the value of the SUV is high, he should go to the State Commission directly.
Under the Consumer Protection Act 2019, identify the correct redressal agency where Rohan should file his complaint. Also, explain the 'Pecuniary Jurisdiction' of the three-tier machinery.
Rohan should file his complaint in the District Commission.
Pecuniary Jurisdiction under CPA 2019:
1. District Commission: Entertains complaints where the value of goods or services paid as consideration does not exceed Rs. 1 Crore.
2. State Commission: Entertains complaints where the value exceeds Rs. 1 Crore but does not exceed Rs. 10 Crores.
3. National Commission: Entertains complaints where the value exceeds Rs. 10 Crores.
Pecuniary Jurisdiction under CPA 2019:
1. District Commission: Entertains complaints where the value of goods or services paid as consideration does not exceed Rs. 1 Crore.
2. State Commission: Entertains complaints where the value exceeds Rs. 1 Crore but does not exceed Rs. 10 Crores.
3. National Commission: Entertains complaints where the value exceeds Rs. 10 Crores.
Case 02
CBSE BOARD 2023, Set 3
Anish purchased a bottle of tomato sauce from a local grocery store. While using it, he found that the sauce had a strange smell and visible fungal growth. On checking the bottle carefully, he found that the 'Expiry Date' and 'Batch Number' were not printed on the label. He felt cheated as he had paid the full MRP for a product that was unfit for consumption. He decided to take action not just to get a refund, but to ensure that the manufacturer is penalized for this negligence.
Identify and explain the 'Consumer Right' that has been violated in the above case. Also, state any two 'Consumer Responsibilities' Anish should have followed.
The right violated is the Right to be Informed.
Explanation: Every consumer has a right to have complete information about the quality, quantity, purity, standard, and price of goods he intends to purchase. This includes mandatory details like ingredients, date of manufacture, and expiry.
Consumer Responsibilities:
1. Read Labels Carefully: For information on prices, net weight, manufacturing and expiry dates, etc.
2. Ask for a Cash Memo: This serves as proof of purchase, which is essential for filing a complaint.
Explanation: Every consumer has a right to have complete information about the quality, quantity, purity, standard, and price of goods he intends to purchase. This includes mandatory details like ingredients, date of manufacture, and expiry.
Consumer Responsibilities:
1. Read Labels Carefully: For information on prices, net weight, manufacturing and expiry dates, etc.
2. Ask for a Cash Memo: This serves as proof of purchase, which is essential for filing a complaint.
Case 03
CBSE BOARD 2022 (TERM 2)
Meera bought a pack of 'Organic Tea' which promised weight loss within 15 days. After using it for a month, she didn't lose any weight; instead, she developed severe stomach acidity. She contacted the customer care of the company, but they ignored her emails. Meera then approached a local Consumer NGO, which helped her file a case. The Commission ordered the company to withdraw the misleading advertisement from all media, refund the money to Meera, and pay Rs. 50,000 as compensation for her health issues.
Identify the 'Consumer Right' that allows Meera to get compensation. List and explain any three 'Reliefs' available to a consumer as per the order mentioned.
The right is the Right to Seek Redressal.
Reliefs available:
1. Refund of Price: To refund the price paid for the product or charges paid for the service.
2. Compensation for Loss: To pay a reasonable amount of compensation for any loss or injury suffered by the consumer due to negligence of the seller.
3. Discontinuance of Unfair Trade Practice: To discontinue the unfair trade practice or restrictive trade practice and not repeat it in the future (like withdrawing misleading ads).
Reliefs available:
1. Refund of Price: To refund the price paid for the product or charges paid for the service.
2. Compensation for Loss: To pay a reasonable amount of compensation for any loss or injury suffered by the consumer due to negligence of the seller.
3. Discontinuance of Unfair Trade Practice: To discontinue the unfair trade practice or restrictive trade practice and not repeat it in the future (like withdrawing misleading ads).
Case 04
CBSE SAMPLE PAPER 2025-26
Himesh went to a supermarket to buy a particular brand of fruit juice. The sales executive at the counter insisted that he should buy a 'Combo Pack' which included the juice bottle and a packet of biscuits. When Himesh said he only wanted the juice, the executive refused to sell it separately, saying it was a company policy. Himesh felt that his freedom to pick what he wanted was being restricted by the store management to clear their old stock of biscuits.
Identify and explain the 'Consumer Right' violated in this case. State any two other rights available to Himesh under the Act.
The right violated is the Right to Choose.
Explanation: Every consumer has a right to have access to a variety of products and services at competitive prices. The consumer should be free to choose any product of his liking and should not be forced or coerced into buying a particular brand or a combination of products.
Other Rights:
1. Right to Safety.
2. Right to be Heard.
Explanation: Every consumer has a right to have access to a variety of products and services at competitive prices. The consumer should be free to choose any product of his liking and should not be forced or coerced into buying a particular brand or a combination of products.
Other Rights:
1. Right to Safety.
2. Right to be Heard.
Case 05
CBSE BOARD 2021, Set 2
A school girl, Shreya, purchased a hair dryer from an electrical shop. When she plugged it in for the first time, it burst into flames, causing burns on her hand. Her father checked the box and found that the product did not have the 'ISI Mark.' He had forgotten to check for standardization marks while buying. However, he had the cash memo. He filed a complaint against the shopkeeper and the manufacturer for selling an unsafe and sub-standard product.
Identify the 'Consumer Right' Shreya is exercising by filing the case. What 'Consumer Responsibility' did Shreya's father fail to perform? Also, name the standardization mark for electrical goods.
Shreya is exercising the Right to Safety (and Right to be Heard).
Responsibility failed: The responsibility to Buy only standardized goods as they provide quality assurance. He should have checked for the ISI mark on the electrical appliance before purchase.
Mark: The standardization mark for electrical goods is the ISI Mark.
Responsibility failed: The responsibility to Buy only standardized goods as they provide quality assurance. He should have checked for the ISI mark on the electrical appliance before purchase.
Mark: The standardization mark for electrical goods is the ISI Mark.
Case 06
PREDICTIVE
Mr. Verma is a businessman who bought 50 air conditioners for his new hotel. Two of the units were found to be defective. When he contacted the manufacturer for a replacement, they refused, saying that the warranty only applies to individual consumers. Mr. Verma decided to approach the District Commission. The manufacturer's lawyer argued that Mr. Verma is not a 'Consumer' under the Consumer Protection Act because he bought the goods for a 'Commercial Purpose.'
Define who is a 'Consumer' as per the Consumer Protection Act. Is Mr. Verma a 'Consumer' in this case? Justify your answer.
Consumer: A person who buys any goods or avails any service for a consideration which has been paid or promised. It includes any user of such goods when such use is made with the approval of the buyer.
Status of Mr. Verma: No, Mr. Verma is NOT a consumer in this case.
Justification: According to the Act, a person who obtains goods for resale or for any commercial purpose is excluded from the definition of a consumer. Since Mr. Verma bought the ACs for his hotel (a commercial business activity), he does not qualify as a consumer.
Status of Mr. Verma: No, Mr. Verma is NOT a consumer in this case.
Justification: According to the Act, a person who obtains goods for resale or for any commercial purpose is excluded from the definition of a consumer. Since Mr. Verma bought the ACs for his hotel (a commercial business activity), he does not qualify as a consumer.
Case 07
CBSE BOARD 2020, Set 3
An electrical heater was purchased by Mrs. Sharma. She followed all the instructions written on the manual carefully. However, due to a manufacturing defect in the internal wiring, she received an electric shock. She filed a complaint in the District Commission. The commission sent the heater for testing to a laboratory. After receiving the test report confirming the defect, the commission ordered the company to pay compensation and also imposed a fine for selling unsafe goods.
Identify and explain the 'Right' exercised by Mrs. Sharma when she approached the commission. What is the importance of 'Consumer Education' for people like Mrs. Sharma?
The right is the Right to be Heard.
Explanation: This right ensures that the consumer's interests will receive due consideration at appropriate forums. It includes the right to be represented in various forums formed to look after the consumer's welfare.
Importance of Consumer Education: It empowers consumers to be aware of their rights and the remedies available to them. It helps them become 'enlightened consumers' who can protect themselves against exploitative trade practices.
Explanation: This right ensures that the consumer's interests will receive due consideration at appropriate forums. It includes the right to be represented in various forums formed to look after the consumer's welfare.
Importance of Consumer Education: It empowers consumers to be aware of their rights and the remedies available to them. It helps them become 'enlightened consumers' who can protect themselves against exploitative trade practices.
Case 08
PREDICTIVE
A software company, 'Tech-Globe Ltd.', purchased a high-end server for Rs. 12 Crores. The server crashed within 10 days, causing a massive loss of data. The company filed a complaint directly in the National Commission. The manufacturer challenged this, saying that since the company is a commercial entity, they cannot file a case. However, the software company argued that they bought the server for their internal office use and not for resale or profit-making from that specific machine.
Identify the redressal agency where the complaint should be filed based on the pecuniary value. If the company is using the server for 'internal office work,' can they be considered a 'Consumer'?
Agency: The complaint should be filed in the National Commission because the value of the consideration (Rs. 12 Crores) exceeds Rs. 10 Crores.
Consumer Status: Yes. Even if a company is a commercial entity, if it purchases goods for its own internal use (and not for resale or as an input for a product to be sold), it can be considered a consumer under certain interpretations of the Act. However, if the use is directly related to a profit-generating activity, it remains a debatable area.
Consumer Status: Yes. Even if a company is a commercial entity, if it purchases goods for its own internal use (and not for resale or as an input for a product to be sold), it can be considered a consumer under certain interpretations of the Act. However, if the use is directly related to a profit-generating activity, it remains a debatable area.
Case 09
CBSE BOARD 2019, Set 2
'Ganga Beverages' advertised that their new health drink 'G-Energy' increases height in children within 3 months. Many parents bought the drink, but no results were seen. A 'Consumer Protection Council' filed a case on behalf of the parents. The Commission found the claim to be scientifically impossible and ordered the company to stop the advertisement and pay Rs. 10 Lakhs into the 'Consumer Welfare Fund.' The company was also asked to issue a corrective advertisement in the newspapers.
Identify the 'Consumer Right' that protects consumers against such misleading advertisements. Name any two 'Reliefs' ordered by the commission in this case.
The right is the Right to be Informed (and Right to seek Redressal).
Reliefs ordered:
1. Cease and Desist: To discontinue the unfair/misleading advertisement.
2. Corrective Advertisement: To issue corrective advertisement to neutralize the effect of a misleading advertisement.
3. Payment into Consumer Welfare Fund: Paying a prescribed amount of money for the welfare of consumers.
Reliefs ordered:
1. Cease and Desist: To discontinue the unfair/misleading advertisement.
2. Corrective Advertisement: To issue corrective advertisement to neutralize the effect of a misleading advertisement.
3. Payment into Consumer Welfare Fund: Paying a prescribed amount of money for the welfare of consumers.
Case 10
PREDICTIVE
Vinay purchased a box of sweets and didn't bother to take a 'Cash Memo' from the shopkeeper because he was in a hurry. Later, his family suffered from food poisoning after eating those sweets. When he went back to the shop to complain, the shopkeeper refused to recognize him and said, "You didn't buy these sweets from my shop." Vinay realized that without a proof of purchase, he couldn't even file a complaint in the Consumer Court.
Identify the 'Consumer Responsibility' Vinay failed to fulfill. Explain the importance of a 'Cash Memo' in consumer protection.
Responsibility failed: To Obtain a Cash Memo on purchase of goods or services.
Importance: A cash memo is the only legal proof of purchase. It is a mandatory document required while filing a complaint in any consumer commission. Without it, the consumer cannot prove that the transaction took place with that particular seller.
Importance: A cash memo is the only legal proof of purchase. It is a mandatory document required while filing a complaint in any consumer commission. Without it, the consumer cannot prove that the transaction took place with that particular seller.
Case 11
PREDICTIVE
A state-level Consumer Commission passed an order in favor of a customer who was sold a defective laptop worth Rs. 1.5 Crores. The manufacturer is unhappy with the decision and believes the commission ignored certain technical evidence. They want to challenge this decision in a higher court. The lawyer informed them that they have a limited time of 30 days to file an appeal; otherwise, the State Commission's order will be final and binding.
Where can the manufacturer file an appeal against the order of the State Commission? Within how many days should the appeal be filed?
Appellate Forum: The manufacturer can file an appeal in the National Commission.
Time Limit: The appeal must be filed within 30 days from the date of the order.
Time Limit: The appeal must be filed within 30 days from the date of the order.
Case 12
PREDICTIVE
'Vibrant Paints' has printed a 'Green Dot' on its paint cans, implying it is eco-friendly. However, a laboratory test showed that it contains heavy metals. A 'Consumer Association' filed a case against the company. The company's lawyer argued that only an individual who personally suffered a loss can file a case, and an association has no right to interfere. The Commission rejected this argument, saying that the law allows various parties to file a complaint to protect the larger interest of society.
As per the Consumer Protection Act, list any four categories of persons or entities who can file a complaint.
The following can file a complaint:
1. Any Consumer.
2. Any Registered Consumer Association.
3. The Central Government or any State Government.
4. The Central Authority (CCPA).
5. One or more consumers, where there are numerous consumers having the same interest.
6. A legal heir or representative of a deceased consumer.
1. Any Consumer.
2. Any Registered Consumer Association.
3. The Central Government or any State Government.
4. The Central Authority (CCPA).
5. One or more consumers, where there are numerous consumers having the same interest.
6. A legal heir or representative of a deceased consumer.
Case 13
CBSE BOARD 2024, Set 2
'Gourmet Delights' is a food processing company that produces tinned fruits. A customer, Ms. Sneha, purchased a tin of pineapples and found a piece of rusted metal inside the fruit pulp. She immediately contacted the company's grievance cell, but they refused to entertain her complaint, saying the tin was opened, so they are not responsible. Sneha decided to approach the District Commission. The commission found the company guilty of negligence and ordered them to pay a fine of Rs. 2 Lakhs, which was to be credited to the 'Consumer Welfare Fund.'
Identify and explain the 'Consumer Right' exercised by Sneha. Also, explain 'Product Liability' as a new concept under the Consumer Protection Act, 2019.
Sneha exercised the Right to seek Redressal.
Explanation: This right provides for the right to seek compensation against unfair trade practices or unscrupulous exploitation of consumers. It also includes the right to fair settlement of the genuine grievances of the consumer.
Product Liability: Under CPA 2019, a product manufacturer or seller is responsible for compensating any harm caused to a consumer by a defective product or deficient service. This means the manufacturer cannot escape liability simply by claiming the product was "opened" if the defect existed at the time of manufacturing.
Explanation: This right provides for the right to seek compensation against unfair trade practices or unscrupulous exploitation of consumers. It also includes the right to fair settlement of the genuine grievances of the consumer.
Product Liability: Under CPA 2019, a product manufacturer or seller is responsible for compensating any harm caused to a consumer by a defective product or deficient service. This means the manufacturer cannot escape liability simply by claiming the product was "opened" if the defect existed at the time of manufacturing.
Case 14
CBSE BOARD 2023, Set 1
Anish went to a jewelry shop to buy a gold ring for his mother's birthday. The shopkeeper showed him several beautiful designs. Anish liked one but noticed it did not have the 'Hallmark' sign. The shopkeeper told him that hallmarking is expensive and that's why the price of the ring is lower. He assured Anish of the purity of the gold based on his shop's 50-year-old reputation. Anish, being an aware consumer, refused to buy the ring and went to another showroom that sold only certified jewelry.
Identify the 'Consumer Responsibility' performed by Anish in this case. Also, mention the 'Standardization Marks' used for: (i) Agricultural products, (ii) Food products, and (iii) Eco-friendly products.
Anish performed the responsibility of Buying only standardized goods as they provide quality assurance and protection against sub-standard products.
Standardization Marks:
(i) Agricultural products: AGMARK.
(ii) Food products: FSSAI (and FPO for processed fruits).
(iii) Eco-friendly products: Eco-mark.
Standardization Marks:
(i) Agricultural products: AGMARK.
(ii) Food products: FSSAI (and FPO for processed fruits).
(iii) Eco-friendly products: Eco-mark.
Case 15
PREDICTIVE
'Consumer Voice' is a non-profit organization that conducts independent testing of various consumer products available in the market. Recently, they tested 20 brands of bottled water and found that 5 of them failed the purity tests. They published these results in their monthly magazine and also shared them on social media to alert the public. They also filed a 'Class Action' suit against the five manufacturers in the National Commission on behalf of the thousands of silent consumers who had been consuming that water.
Identify and explain the 'Role of Consumer Organizations' (NGOs) highlighted in the above case. Also, explain the 'Right to Consumer Education.'
Role of NGOs:
1. Comparative Testing: Carrying out comparative testing of consumer products in qualified laboratories and publishing the results for the benefit of consumers.
2. Filing Complaints: Filing complaints in consumer commissions on behalf of a consumer or a group of consumers.
Right to Consumer Education: It is the right to acquire knowledge and skills to be an informed consumer throughout life. It empowers consumers to know their rights and the relief available to them if they are exploited.
1. Comparative Testing: Carrying out comparative testing of consumer products in qualified laboratories and publishing the results for the benefit of consumers.
2. Filing Complaints: Filing complaints in consumer commissions on behalf of a consumer or a group of consumers.
Right to Consumer Education: It is the right to acquire knowledge and skills to be an informed consumer throughout life. It empowers consumers to know their rights and the relief available to them if they are exploited.
Case 16
CBSE BOARD 2021, Set 3
A state government department purchased 500 laptops for a government school project worth Rs. 4.5 Crores. After delivery, it was found that the laptops did not have the specified high-end processors. The department contacted the supplier, who refused to rectify the mistake. The department then decided to file a complaint in the State Commission. The supplier's lawyer argued that since the buyer is a 'Government Department,' they cannot be considered a 'Consumer' under the Act and therefore have no right to file a case in a consumer forum.
Identify the correct redressal agency based on the 'Pecuniary Jurisdiction.' Can the Central or State Government file a complaint under the Consumer Protection Act?
Agency: The complaint was correctly filed in the State Commission because the value (Rs. 4.5 Crores) exceeds Rs. 1 Crore but does not exceed Rs. 10 Crores.
Government Status: Yes. According to the Consumer Protection Act, a 'complainant' includes the Central Government or any State Government. Therefore, the department has a legal right to file a complaint against the supplier.
Government Status: Yes. According to the Consumer Protection Act, a 'complainant' includes the Central Government or any State Government. Therefore, the department has a legal right to file a complaint against the supplier.
Case 17
PREDICTIVE
'Ganga Beverages' recently introduced a 'No-Return' policy even for defective bottles. An aware consumer, Rahul, bought a crate of soda and found several bottles with dead insects inside. When he tried to complain, the manager pointed to a sign: "Goods once sold will not be taken back." Rahul decided to report this to the 'Central Consumer Protection Authority' (CCPA). He believes that the company is engaging in 'Unfair Trade Practices' and that their "No-Return" policy for defective goods is a violation of consumer rights.
Identify the 'Role of CCPA' as a new regulator under CPA 2019. Explain any two 'Unfair Trade Practices' that a manufacturer can be penalized for.
Role of CCPA: The CCPA is a regulatory body established to promote, protect, and enforce the rights of consumers as a class. It can conduct investigations, recall unsafe goods, and cancel licenses of firms engaging in misleading ads or unfair practices.
Unfair Trade Practices:
1. Misleading Representation: Falsely representing that goods are of a particular standard or quality.
2. Hoarding or Destruction: Hoarding goods to raise prices or refusing to sell them to consumers.
Unfair Trade Practices:
1. Misleading Representation: Falsely representing that goods are of a particular standard or quality.
2. Hoarding or Destruction: Hoarding goods to raise prices or refusing to sell them to consumers.
Case 18
CBSE BOARD 2020, Set 1
A farmer, Mr. Sahil, purchased 'Hybrid Seeds' for his 50-acre farm worth Rs. 2 Lakhs. The seeds were promised to give a yield of 40 quintals per acre. However, despite following all scientific methods of farming, the yield was only 10 quintals per acre. Sahil realized that the seeds were of poor quality. He approached the 'District Consumer Commission' for compensation. The seed company argued that agriculture is a business and Sahil is using the seeds for 'Commercial Purpose,' so he cannot file a case.
Identify the 'Consumer Right' violated here. Is a farmer who buys seeds for his own farming considered a 'Consumer'? Justify your answer.
The right violated is the Right to be Informed (and Right to seek Redressal).
Consumer Status: Yes, Mr. Sahil is a consumer.
Justification: A person who buys goods for self-employment or to earn their livelihood (like a farmer for his own farm) is included in the definition of a consumer. It is not considered a "commercial purpose" in the same way as a large-scale reseller.
Consumer Status: Yes, Mr. Sahil is a consumer.
Justification: A person who buys goods for self-employment or to earn their livelihood (like a farmer for his own farm) is included in the definition of a consumer. It is not considered a "commercial purpose" in the same way as a large-scale reseller.
Case 19
PREDICTIVE
Meera purchased a set of non-stick pans from an online shopping site. When the parcel arrived, she didn't check the contents immediately. Two days later, she found that the handle of the main pan was broken. When she requested a return, the site refused, saying she didn't record an 'Unboxing Video' as required by their policy. Meera felt this policy was an 'Unfair Contract.' She had the invoice and the photos of the broken handle, so she decided to file a complaint against the e-commerce giant.
Identify the 'Consumer Right' Meera is trying to exercise. Explain the concept of 'Unfair Contract' as introduced in CPA 2019.
Meera is exercising the Right to be Heard.
Unfair Contract: Under CPA 2019, an 'unfair contract' is a contract between a manufacturer/trader and a consumer that has terms which significantly change the rights of the consumer. This includes imposing unreasonable obligations (like mandatory unboxing videos) or providing the seller the right to terminate the contract without a valid reason. Such contracts can now be challenged in consumer commissions.
Unfair Contract: Under CPA 2019, an 'unfair contract' is a contract between a manufacturer/trader and a consumer that has terms which significantly change the rights of the consumer. This includes imposing unreasonable obligations (like mandatory unboxing videos) or providing the seller the right to terminate the contract without a valid reason. Such contracts can now be challenged in consumer commissions.
Case 20
CBSE BOARD 2019, Set 3
Mr. Vinay is the owner of a restaurant. He purchased a large 'Commercial Refrigerator' worth Rs. 5 Lakhs. The refrigerator stopped working within a week, causing all the stored meat and vegetables to spoil. Vinay wanted to file a case in the Consumer Court to recover his losses. His lawyer told him that because he uses the refrigerator for his 'Restaurant Business' to earn a profit, he cannot take protection under the Consumer Protection Act.
Discuss why Vinay is not considered a 'Consumer' in this case. Mention any two 'Consumer Responsibilities' that a buyer must fulfill while purchasing such expensive equipment.
Reason: Vinay is not a consumer because he bought the goods for a commercial purpose (to be used in a profit-making restaurant). The Act excludes people who use goods to generate further profit in a business.
Responsibilities:
1. Ask for a Cash Memo: To have legal proof of the transaction.
2. Read the Warranty Card: To understand the terms of repair and replacement.
Responsibilities:
1. Ask for a Cash Memo: To have legal proof of the transaction.
2. Read the Warranty Card: To understand the terms of repair and replacement.
Case 21
PREDICTIVE
A state-level Consumer Commission passed an order awarding Rs. 2 Crores as compensation to a family whose car's airbags failed during an accident. The car manufacturer, 'Auto-Safe Ltd.,' is not satisfied with the verdict and believes the evidence was not analyzed properly. They want to challenge this decision. The CEO was told that they must file an 'Appeal' within 30 days. He was also informed that if they lose the appeal in the next higher court, they might not be able to go to the Supreme Court.
Where can 'Auto-Safe Ltd.' file an appeal against the order of the State Commission? Can they eventually appeal to the Supreme Court?
Appellate Forum: They can file an appeal in the National Commission within 30 days of the State Commission’s order.
Supreme Court Appeal: No, they cannot go to the Supreme Court. Only those cases that were originally filed in the National Commission (value > 10 Cr) can be appealed to the Supreme Court. Cases coming to the National Commission as an appeal from a State Commission cannot be taken further to the Supreme Court.
Supreme Court Appeal: No, they cannot go to the Supreme Court. Only those cases that were originally filed in the National Commission (value > 10 Cr) can be appealed to the Supreme Court. Cases coming to the National Commission as an appeal from a State Commission cannot be taken further to the Supreme Court.
Case 22
PREDICTIVE
Rani purchased a bottle of cooking oil which had the 'FSSAI' logo. However, after using it for a few days, she found it was adulterated with cheap palm oil. She filed a case in the District Commission. The commission found that the company had forged the FSSAI license number. The commission ordered the company to pay Rs. 5 Lakhs as 'Punitive Damages' to prevent them from repeating such a crime. The company was also asked to withdraw the entire batch from the market immediately.
Identify and explain the 'Right' Rani exercised. Mention any two 'Reliefs' provided by the commission in this case.
The right is the Right to be Heard (and Right to Safety).
Reliefs provided:
1. Removal of Defects: Ordering the company to remove the adulteration or replace the product.
2. Punitive Damages: To pay punitive damages in appropriate circumstances (e.g., the Rs. 5 Lakhs fine to prevent recurrence).
3. Withdrawal of Goods: To withdraw the hazardous goods from being offered for sale.
Reliefs provided:
1. Removal of Defects: Ordering the company to remove the adulteration or replace the product.
2. Punitive Damages: To pay punitive damages in appropriate circumstances (e.g., the Rs. 5 Lakhs fine to prevent recurrence).
3. Withdrawal of Goods: To withdraw the hazardous goods from being offered for sale.
Case 23
PREDICTIVE
A large pharmaceutical company filed a complaint in the National Commission against a packaging manufacturer for providing sub-standard bottles worth Rs. 15 Crores. The National Commission gave a verdict against the pharma company. The pharma company believes that the commission made a legal error and wants to take the case to the highest court of the land. They are worried about the 'Court Fees' and the 'Time Limit' for filing this final appeal.
Identify the court where the company can appeal against the National Commission's order. Within how many days should this appeal be filed?
Appellate Forum: The company can appeal to the Supreme Court of India.
Time Limit: The appeal must be filed within 30 days from the date of the order passed by the National Commission. (Note: Only original cases filed in the National Commission can reach the Supreme Court).
Time Limit: The appeal must be filed within 30 days from the date of the order passed by the National Commission. (Note: Only original cases filed in the National Commission can reach the Supreme Court).
Case 24
PREDICTIVE
'Vibrant Paints' has printed a beautiful picture of a child on its paint cans, with the words 'Non-Toxic and Safe.' However, a lab test by a Consumer NGO found that the paint contains lead, which is very harmful for children. The NGO filed a case under 'Misleading Advertisements.' The commission ordered the company not only to pay a heavy fine but also to run a 'Corrective Advertisement' for 15 days on the same TV channels where the original ad was shown.
Identify the 'Consumer Right' violated by the misleading claim. Explain the relief 'Corrective Advertisement' as per the Consumer Protection Act.
The right violated is the Right to be Informed.
Corrective Advertisement: This is a specific relief where the commission orders the offender to issue advertisements to neutralize the effect of their previous misleading advertisements. It ensures that the wrong information is corrected in the eyes of the public.
Corrective Advertisement: This is a specific relief where the commission orders the offender to issue advertisements to neutralize the effect of their previous misleading advertisements. It ensures that the wrong information is corrected in the eyes of the public.
Case 25
PREDICTIVE (6 MARKS)
A customer, Mr. Aditya, bought a high-end refrigerator for Rs. 1.2 Lakhs. It exploded within a week due to a faulty compressor, damaging his kitchen. He filed a case in the District Commission, which awarded him a refund. Aditya was not satisfied because he wanted compensation for the damage to his kitchen as well. He appealed to the State Commission, which awarded him Rs. 50,000 for the damage. Still unhappy, he wants to go to the National Commission and then the Supreme Court if needed.
Discuss the 'Three-tier Redressal Machinery' in the context of Aditya's case. Can Aditya reach the Supreme Court for a refrigerator worth Rs. 1.2 Lakhs? Justify.
Three-tier Machinery: The system consists of District (up to 1 Cr), State (1-10 Cr), and National Commissions (>10 Cr). A consumer can file an appeal in the next higher level if not satisfied with the order.
Can Aditya reach the Supreme Court? NO.
Justification: According to the law, an appeal against the National Commission's order can be made in the Supreme Court ONLY if the case was originally filed in the National Commission. Since Aditya's case originated in the District Commission, it can only go up to the National Commission as a second appeal. It cannot reach the Supreme Court.
Can Aditya reach the Supreme Court? NO.
Justification: According to the law, an appeal against the National Commission's order can be made in the Supreme Court ONLY if the case was originally filed in the National Commission. Since Aditya's case originated in the District Commission, it can only go up to the National Commission as a second appeal. It cannot reach the Supreme Court.
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