CHAPTER I

INTRODUCTION

“Consumers, by definition, include us all, they are the largest economic

group affecting and affected by almost every public and private economic
decision. Yet they are the only important group......whose views are not often
heard”

JOHNF.KENNEDY

PRESIDENT OF THE UNITED STATES IN HIS 15 MARCH 1962,

CONGRESS DECLARATION

The development of a nation depends on the development of its people. The

development of India depends on the development of rural India since 70% of the
population lies in over the villages. After the independence, the face of rural India has
changed to a greater extent. Roads and Transportation facilities, electricity, means of
communication and even other luxurious facilities have reached the villages. Global
market has reached the villages. In the words of Hon’ble Justice Ahemadi,
‘Consumerism’ is said as follows: “The Consumerism in India has undergone an
unrecognisable transformation. Gone are the days when the rural market was limited
to only certain products like grocery. With the process of urbanisation and
industrialization, and with the developments in science and technology, the growing
need for services and goods such as treatment, insurance, motor vehicles, mobile etc
have increased. The living standard of both the rural and urban consumers has
increased”.1

From cradle to grave every one is a consumer. Consumer is said to be the king.
Consumer is the focal point of all the operations in the society. Consumer interest,
therefore should receive first priority of all. As a Citizen, as a taxpayer and as a buyer,

1
Dr. Ashok Patil, 25 Years of Consumer Protection Act: Challenges and the way forward, NLSIU,
Bangalore, Edition 2014

1
the consumer should have the right to expect that he will get the right type of goods and
right quality at the right time and at the right price. Consumers, in fact play a very
significant role in the economic development of a country. The consumers are said to
be pillars of the economy. Mahatma Gandhi the father of nation attached great
importance to what he described as the “Poor Consumer”, who according to him should
be the principal beneficiary of the consumer movement. He said:

“A Consumer is the most important visitor on our premises. He is not

dependant on us. We are on him. He is not an interruption to our work. ; He is the
purpose of it. We are not doing a favour to a consumer by giving him an opportunity.
He is doing us a favour by giving an opportunity to serve him”.

The concept of ‘welfare state’, ‘industrial revolution’ and ‘friendly movement’

has pioneered the concept of consumer friendly movement. Days are gone when it was
the buyer’s responsibility to use his care (CAVEAT EMPTOR) and skill while entering
into any transactions or making any purchase in the market. Previously the principle of
CAVEAT EMPTOR made the consumer to be aware on buying things. Now the
principle of CAVEAT VENDITOR imbibed the seller to sell the things with due care
and caution.

In the era of open markets buyer and seller came face to face, seller exhibited
his goods buyer thoroughly examined them and purchased them. It was assumed that
he would use all care and skill while entering into transaction. The maxim CAVEAT
EMPTOR relieved the seller of the obligation to make disclosure about the quality of
the product. In addition, the personal relation between the buyer and the seller was one
of the major factors in their relations. But with the growth of trade and globalization
the rule no more holds. It is impossible for the buyer now to examine the goods
beforehand since most of the transactions are concluded by correspondence. Moreover
due to the account of complex structure of modern goods, it is the seller who can assure
the quality of goods. With manufacturing activity becoming more organized, the
producers/sellers are becoming stronger and organized, whereas the buyers are still
weak and unorganized. In the age of revolutionized information technology and with
the emergence of e-commerce related innovations, the consumers are further deprived
to a great extent. As a result buyer is being misled, duped and deceived day in and day
out.

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 Consumerism merits the attention of one and all because it affects all of us as
consumers. Consumerism arises from widely shared feelings of consumers that they are
ill served by their economy. In its most vigorous form, it produces outrage, sometimes
stemming from the abuse of powers by the sellers, a situation that holds in many
developing countries in a more visible form. Often this discontent arises from the
market failure, unsafe products, dishonoured promises, misrepresentation, deceptive
advertising, frauds and failures of communication between buyer and seller. We know
that most of the consumer problems originate in the inability or unwillingness of
producers to satisfy consumer needs and interests. Some consumer problems are self-
inflicted. Consumer needs and interests are extremely varied, differing among cultures
and also within cultures, from one individual group to another. In fact, the word
consumerism implies a certain activist behaviour or attitude which is appropriate in
recent times because consumers are paying more attention to their decision making in
the market place. Therefore, we may say that this term consumerism also connotes
awareness among people to raise their voice and demand a safe and better living.
However, consumerism as a movement of consumers makes them well aware of their
rights and responsibilities and fight against odds.

The protection of people against economic exploitation has existed for several
centuries. England established standard measurements for wool and the first regulations
regarding bread sizes were established in 1226 A.D. Sale of adulterated food and drink
was subject to criminal penalties in the 14th century. The first consumer law was
enacted in 1784 in Massachusetts followed by the law on weights and measures in
1790. In U.K. Merchandise Marks Act was passed in 1852 and in 1878, the first
Weights and Measurement Act was passed. The well known Sale of Goods Act came
into force in 1893.

In the middle of the 19th century, a section of consumers in England organized

themselves to protest against exploitation of labour by the textile industry and they
gave a call to boycott the buying of textiles manufactured by such erring companies.
There were also similar moves by another section against employment of child and
women labour and slavery. Towards the end of 19th century, there were sporadic
attempts by consumers in the U.K., America and Europe to form buyers clubs in order
to avoid middlemen and profiteering. These Buyers Clubs were like informal consumer
co-operatives. In India the origin of Consumer Movement was in the form of consumer

3
co-operatives. Therefore, co-operatives are sometimes mentioned as the starting point
of the Consumer Movement.2

1.1Consumerism

In present situation, consumer protection, though as old as consumer

exploitation, has assumed greater importance and relevance. Consumerism is a recent
and universal phenomenon. It is a social movement. Consumerism is all about
protection of the interests of the consumers. Consumerism is concerned with protecting
consumers from all organizations with which there is exchanged relationship. It
encompasses the set of activities of government, business, independent organizations
and concerned consumers that are designed to protect the rights of consumers 3 .
Consumerism as the protection of the interests of the buyers of goods and services
against defective or dangerous goods, etc. “Consumerism is a movement or policies
aimed at regulating the products or services, methods or standards of manufactures,
sellers and advertisers in the interest of buyers, such regulation may be institutional,
statutory or embodied in a voluntary code occupied by a particular industry or it may
result more indirectly from the influence of consumer organizations”4.

As commonly understood consumerism refers to wide range of activities of

governments business and independent organizations designed to protect rights of the
consumers. Consumerism is a process through which the consumers seek redress,
restitution and remedy for their dissatisfaction and frustration with the help of their all
organized or unorganized efforts and activities. It is, in-fact a social movement seeking
to protect the rights of consumers in relation to the producers of goods and providers of
services. Infact consumerism today is an all pervasive term meaning nothing more than
peoples search for getting better value for their money. Consumer is the focal point of
any business. Consumer’s satisfaction will benefit not only business but government
and society as well. So consumerism should not be considered as consumers’ war
against business. It is a collective consciousness on the part of consumers, business,
government and civil society to enhance consumers’ satisfaction and social welfare

2
Justice V. Balakrishna Eradi,, Former Judge of Supreme Court, in his Introduction in Consumer
Protection Jurisprudence (Lexis Nexis, India, 1st edition, (2004)
3
McMillan Dictionary (1985)
4
Chamber’s Dictionary (1993)

4
which will in turn benefit all of them and finally make the society a better place to live
in.

The phrase ‘Consumer Protection’ would refer to some kind of safeguard for
the members of the society (consumers) against malpractices and exploitative deeds.
The Consumer Protection Act of India (hereafter it will be referred as CPA) is one of
the most progressive and comprehensive pieces of legislation which is compensatory in
nature and providing speedy, inexpensive and simple remedies. History is the record
of past events, developments, trends and traditions out of human activity. Ancient,
medieval and modern history give us tremendous materials to substantiate the
development of compensatory jurisprudence in India. The truth is that the traditions of
the past have made our legal system what it is, and still live on it.

1.2. Historical Perspective

1.2.1 Ancient Period

Consumer protection has its deepest roots in India dating back to 3200 BC. In
ancient India, human values cherished and dharma sastra were followed which were
derived from ‘Vedas’, the primary sources of law. The living condition of people was
brought under ‘Smriti’ and Consumer Protection was a major concern. The significance
of Manu Smriti in matters of consumer protection is in the fact that it heeds immense
importance to the economical aspects of the society and in particular unethical trade
practices. It also occupied a prominent place in Kautilya’s Arthasastra which is
concerned with practical administration. .Artha Sastra stresses on two areas of
consumers namely

(i) Regulations concerning sale of animal flesh; and

(ii) Obligation of professionals like artisans, craftsmen, washer men, weavers,
goldsmiths, actors and physicians.

Special attention seems to have been paid to laws concerning traders dealing
with meat etc. They were supposed to ensure the purity and freshness of the meat. If it
did not meet the prescribed standards, not only were the consumers adequately
compensated, but the traders even had to pay a fine to the king. This ensured the

5
quality. If a seller cheated on the quantity by selling less than what he proclaimed, he
was fined eight times the loss suffered by the consumer.5

Manu smriti is said to be a text narrated by Brahma to Manu. The meaning of it

is traditions as laid out by Manu.( based on brahma’s wisdom). The Manu Smriti gives
much importance to consumer’s protection by giving importance to economical
aspects of the society and unethical trade practices. A charter of ethics is laid out for
sellers as how to sell consumer products to consumers. Penalties are also specified
down for sellers who profess unfair trade practices. Prevention of Food Adulteration
has been a major criteria in those and these days. Manu Smriti plays a pre-dominant
role in prevention of adulteration and it prohibits the sale of any commodity which was
mixed with another commodity. It also gave importance to commodities related to
health of a consumer such as pharmaceuticals, food or personal care supplies. It also
stresses about the proper quality of all items which are sold to consumers and the
concealment of aspects related to the products is prohibited. It also lays down the
guidelines as to how weights and measures have to be calibrated and inspected. The
problem of adulteration of had been prevalent in those earlier days itself and
preventive measures were taken by imposing rigorous punishments. According to
Manu, one commodity must mixed with another should not be sold as pure, nor a bad
one as good one nor anything should not be less than the quantity weighed. The
punishments were harsh. When duplicate seed corn was sold , or when a boundary was
destroyed or when the already sown seed-corn was taken , mutilation was the
punishment. Manu also specified the rules of competency for parties to enter into a
contract. A contract made by a person intoxicated or insane or grievously disordered
(by disease and so forth) or wholly dependent, by an infant or very aged man, or by an
unauthorized person was invalid.

During the ancient period, the king had the power to confiscate the entire
property of a trader in two instances: (1) when the king had a monopoly over the
exported goods; and (2) when the export of the goods was forbidden. There was also a
mechanism to control prices and punish wrongdoers. The king fixed the rates for the
purchase and sale of all marketable goods. There were fines for cheating and dishonest

5
Ibid noted foot note 2

6
behaviour.There was a process to inspect all weights and measures every six months
and the results of these inspections were duly noted. 6

The Manusmriti and Yajnavalikasmriti advocate maiming as one of the

punishments. Malpractice of adulteration and punishment for the offence is also
mentioned in the Arthahastra and Yajnavalikasmriti. Adulteration of grains, fat,
medicine, perfumes, salt, sugar attracted severe penalty. Manufacturing of inferior
quality or spurious gold and gems was also punishable according to Brihaspatismriti.
Manufactures of duplicate articles were also punished severely. Use of faulty scales and
fabrication of weights and measures was a common criminal tendency among the
trading community even in the ancient times. These texts paid special attention to this
criminal trait. The Manusmriti provided that all weights and measures must be duly
marked by the king and should be re-examined every six months. According to the
Arthashastra a superintendent of weights and measures was appointed to maintain
control over fabrication of weights and measures. Constant watch and periodical
checking was indispensable.

The Arthashastra provides that :

(a) A trader is considered to be a cheat and will be fined heavily if found using
unstamped weights and measure.
(b) Pressing and forging false weights and measures was also fined.
(c) In case the trader used correct weights and measures, but through the trick of his
hand lessened or enhanced the weight and measure of an article for his own benefit
he was a greater offender than one who simply used false weights and measures and
was penalized for this.

All other texts made similar special references to rogues who forged weights
and measures.The trading community of the ancient times also exploited the customer
by charging excessive prices. The State declared the rates for the purchase and sale of
all marketable commodities in order to save the customers from arbitrary exploitation
by the traders. Manusmriti explains that it is obligatory on the king to fix the rates for
the purchase and sale of all marketable goods, having duly considered from where they
have originated (distance), their destination (place to which it would go after sale),
transport charges (original) value of goods, incidental expenses and margin of profit.

6
Ibid noted foot note 2

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The fixation of prices by the king was to be made public. According to the Arthashastra
traders who during their purchase and sale raised the price or secured an extra profit of
five per cent beyond the limit fixed by the State were to be heavily fined. The fine was
to increase at each additional increase of five per cent extra profit on the notified price.
If the merchants conspired to raise the prices of the commodities at their own will they
were severely dealt with. Yajnavalikasmriti also deals with the issue of excessive price
charging by the traders. The text stated that the sale and purchase should be conducted
daily according to the value fixed by the King. Demanding a higher price was made
punishable. Furthermore, the articles and goods were to be forfeited to the King if any
merchant or person was found dealing in those which were prohibited. Agni Purana
also mentions about merchants dealing fraudulently in respect of quality or price of the
commodity. Such merchants were punished and their goods were confiscated to the
State.

1.2.2. Medieval Period

During the medieval period the consumer protection was the prime concern of
Mughal rulers in India and serious punishments were imposed on defaulters. The Delhi
Sultanate, being the start of such a long period of Islamic rule in India, laid the
foundation to the economic, financial and commercial backbone of that period. The
most prominent among them were Alaudddin Khilji and Akbar who prescribed serious
punishments for the defaulters.

Alauddin Khilji who was the second ruler of the khilji dynasty made many
improvements in the weights and measures standardization process and brought
dramatic changes in the transparency practices of traders with consumers. The
commodities were weighed and measured through standards laid down by the Sultan
and the people who broke the standards were punished through fines and even capital
punishment was provided. There were judges of the Sultan who were omnipotent in
enforcement of the consumer’s rights.

After Alauddin Khilji Sher Shah Suri was the ruler who gave much importance
to consumer protection. He stated that economy development is based on the well
treatment of consumers. Standardization of measures was stressed and even decimal
and centenary systems were set forth. Quality guidelines were also published by him
for produce, grocery, confectionaries and pharmaceuticals. He is said to be one of the

8
most important medieval ruler who influenced consumer protection politics of modern
India.

Several significant achievements were made in matter of consumer protection

during the reign of the third mughal emperor Akbar. The rights of the consumers
originated earlier in this period. The traders were asked to publish the details of the
quality and quantity of the business including weights, measures, adulteration, grade
and usability. The laws were strictly enforced and even spies were employed for
watching the proper applicability. Even harsh punishments such as amputation of limbs
were provided for violation of the rules. Accountability and transparency in commodity
transactions were improved during the reign of Akbar. When the goods did not comply
with the quality and quantity, then the consumers had the rights to return the goods.
After the period of Akbar, the Mughal kings concentrated more on literary, architecture
and military pursuits.7 Then the British gained control over India and as a result the
importance given to consumers deteriorated which needed a revival.

1.2.3. Modern Period

The present legal structure of consumerism in India does not resemble the
original ancient picture given by Hindu law makers which was generally based on
shastric opinion and vedic sages. Although, Britishers enacted a number of laws most
of them were concerned with protecting their own interest, instead of protecting the
interest of consumers which were being exploited by erring and cunning business
community. However certain acts such as Sale of Goods Act, 1930, Indian Penal
Code 1860, Carrier of Goods Act 1865, the Indian Contract Act 1872, the Code of
Civil Procedure 1908 and The Drugs and Cosmetics Act 1940 protected the interests of
the consumers. These laws were amended by Indian Parliament, after independence, so
as to cater to the needs of the time. Indian Parliament also enacted many laws for the
said purpose. In this context Indian Constitution proved to be a ground norm for
drafting other laws on the subject. The main laws enacted in India, are the Prevention
of Food Adulteration Act, 1954, The Essential Commodities Act, 1985, The Specific
Relief Act, 1963, Monopolies and Restrictive Trade Practices Act, 1969.Many civil and
criminal statues define and deal with the rights of the citizens and Courts and tribunals
have been set up for remedying the wrongful acts done to them. However, in context of

7
S.Ram.Shiv Gajrani, Mughal Empire in India, Neha Publishers,( 2013)

9
the growing needs of the citizens many problems relating to their routine necessities, do
not find effective measure for verifying wrongful acts and for compensation due to
consequent loss to them. For example, the supplier of adulterated or spurious articles of
food can be prosecuted and punished but the victim or consumer will not get any
compensation or awards for the damage or loss done to him.

Likewise, under Civil Procedure Code, a person may file suit for recovering the
damages but due to complexities of the procedure delay in disposal and expensive
litigation, such procedure was not considered desirable, particularly for the
enforcement of the rights of the protection of the rights of the consumers who are the
victim of the delay and negligence. A careful study of all aforementioned acts clearly
shows that they were either preventive or punitive in nature. They did not provide any
relief to the aggrieved consumers. The procedure are very long and a general apathy
towards our police , administrative and judicial system has nourished the healthy and
blossoming society to become into one adulterated, spurious, defective, poisonous,
heavily drug peddled and unacceptable to our human generation. To overcome the
difficulties a new law stressing the importance of consumerism is needed.

Consumerism is all about protection of the interests of the consumers. The

success of “consumerism” is a strong function of consumer awareness and the
assistance the movement gets from the government. The importance of consumer
protection has considerably increased due to the changing role of the State. Protection
of the consumer is a pre-requisite of the credibility and legitimacy of the system.
Growing inter-dependence of the world economy and the international nature of many
business practices have contributed to the development of a uniform and universal
emphasis on the need to provide protection to the consumer. Consumer protection is
seen as an essential part of the economic and social policy which can lead to vital and
concrete benefits for the consumers. A variety of factors have led many countries to
enact laws, thus recognizing the need to evolve effective measures for consumer
protection. Some of the important factors are as follows:

(a) rapidly increasing variety of goods and services which modern technology has
made available and which are increasingly difficult for the consumer to evaluate
objectively;
(b) growing size and complexity of production and distribution system which places
the buyer at an increasing distance (physically and psychologically) from the seller;

10
(c) high level of sophistication in marketing and selling practices, in advertising and
other forms of promotion;
(d) removal of personal relationship of buyer / seller as a result of mass-marketing
methods and also of the consumers’ greatly increased mobility, increasingly
complex terms and conditions on which goods and services are sold or hired; and
(e) the development of international trade and commerce that has led to the vast
expansion of the business and trade resulting in variety of consumer goods and
services in the market to cater to the needs of the consumers and goods.

The consumer protection got a boost when late US President John F. Kennedy
in his declaration in congress on March 15 1962, declared four basic consumer rights
(Choice, information, Safety and the right to be heard). Hence March 15 is celebrated
as World Consumer Rights day. It led to the development of consumer protection not
only at the domestic level but at the global level as well. Retracing the history of
development of consumer policy, 9th April 1985 is very significant as it was on this
day that the General Assembly of the United Nations adopted a set of general
guidelines for consumer protection. The guidelines represent a consensus of
international opinion on what good consumer laws and practices should be. It has set
out an internationally recognized set of minimum objectives which consumers
everywhere should be entitled to expect.

The guidelines recommended by the United Nation’s agencies were kept in

mind by the framers of the CPA 1986. This comprehensive legislation was enacted to
provide better protection of the interest of the consumers. It is milestone in the history
of consumer protection movement in India. It is a highly progressive piece of social
welfare legislation. The provisions of this Act are intended to provide effective and
efficient safeguards to the consumers against various types of exploitation and unfair
dealings. It is a statute which provides more effective protection to the consumers than
any corresponding legislation in force in countries which are considered to be much
more advanced.

After the report of Sachhar Committee, on the basis of UN guidleines, the

Consumer ProtectionBill, 1986 was introduced in the Parliament and received the
assent of the President on December 24, 1986. This day is celebrated as the National
Consumer day in India. The CPA became effective from January 7, 1987. It provided
better protection of the interests of consumer and for establishment of consumer

11
council and other authority for the speedy settlement of the consumer disputes and
matters connected therewith.The main object of the act is to protect and promote the
interests of the consumers by establishing redressal agencies at District, State and
Central levels. The quasi- judicial machinery will observe the principles of natural
justice and have been empowered to give relief of a specific nature and to award
appropriate compensation to consumer, penalty for non-compliance and even
punishment of imprisonment too. The Act seeks to protect the consumers in the
following respects. Section 6 of the Act says the following rights:

(a) The right to be protected against the marketing of goods and services which are
hazardous to life and property.
(b) The right to be informed about the quality, quantity, potency, purity, standard and
price of goods to protect the consumer against unfair trade practices.
(c) The right to be assured whenever possible, with regard to access to a variety of
goods at the competitive prices.
(d) The right to be heard and to be assured that consumer’s interest will receive due
consideration at the appropriate forums.
(e) The rights to redressal against unfair trade practices of unscrupulous exploitation of
consumers, and
(f) The right to consumer education.
a) Right to safety: It is the right to be protected against marketing of goods and
services which are hazardous to life and property. Unsafe goods may cause death
or serious injury to the user due to defective ingredients, defective design, poor
workmanship, or any other reason. At times, safety hazards are found due to
absence of proper instructions to use the product. Thus it is to be ensured by
manufacturers and traders that the goods are safe for the users. In case of hazardous
goods, they must give clear instructions as to mode of use, and the consumer should
be informed of the risk involved in improper use of goods, and vital safety
information is conveyed to consumers. Manufacturers or distributors who become
aware of the unforeseen hazards after the goods are supplied must inform the
authorities and the public in order to forewarn consumer about such hazards. Where
a product is found likely to be hazardous even when properly used, traders should
either recall it and modify the same, or replace it with a new product, or adequately
compensate for it.

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b) Right to information: It is the right to be informed about the quality, quantity,
potency, purity, standard and price of goods or services, with a view to protect the
consumer against unfair trade practices. Adequate information is very important in
order to make a right choice. In our country, however, consumers do not get
adequate comparative information about the quality, quantity, potency, purity,
standard and price of different kinds of goods or services which are available. As a
result buying decisions become difficult. Therefore consumers need to be given
maximum information about the wide variety of competing goods available in the
market.
c) Right to choose: The right to choose can be made meaningful by ensuring access
to a variety of goods and services at competitive prices. Fair and effective
competition must be encouraged so as to provide consumers with the widest range
of products and services at the lowest cost.
d) Right to represent: It is the right to be heard and to be assured that consumer’s
interests will receive due consideration at appropriate forums.The Consumer
Protection Act 1986 has well taken care of this right by making available the
instrumentality of redressal forums. Every consumer has a right to file a complaint
and be heard in that context.
e) Right to redressal : It is a right to seek redressal against unfair trade practices or
restrictive trade practices or unscrupulous exploitation of consumers. When
consumers are wronged in a market place transaction, appropriate and adequate
redress must be available. The Act has ensured this right by establishing consumer
forums and recognizing restrictive and unfair trade practice as a ground to make a
complaint.
f) Right to education: The right to consumer education is a right which ensures that
consumers are informed about the practices prevalent in the market and the
remedies available to them.

For spreading this education, media, school curriculum, or cultural activities, e

may be used as a medium. The Central Council’s object is to ensure these rights of the
consumers throughout the country while the state councils look to ensure these rights to
consumers within their territories. In India, consumer justice is a part of social and
economic justice as enunciated in the constitution. Following it a number of legislations
have been enacted in the field of consumer protection relating to the standardization,

13
grading, packing, prevention of food adulteration , short weight and measures,
hoarding , profiteering etc. But all these are scattered pieces of legislations which are in
turn costly and troublesome to the small customer. The compact of these legislations in
protecting the consumer has been relatively small. The Parliament therefore passed a
very important legislation The CPA provides a speedy remedy and the provisions of it
are in addition to the other legislations.

1.3. Statement of the Problem

The problem selected for the present investigation is the views of the Supreme
Court of India on ‘Services’ deficient in the Public Utility Sectors under the CPA.
Based on the research problem the following research questions have been formulated.

How the Supreme Court of India views the deficiency of services under the
CPA? If so,

1. What are the views of the Supreme Court of India in the service sector in
general under the CPA?
2. What are the views of the Supreme Court of India in the transport service under
the CPA?
3. What are the views of the Supreme Court in the communication service under
the CPA?
4. What are the views of the Supreme Court in the medical service under the
CPA?
5. What are the views of the Supreme Court in financial services under the CPA?
6. What are the views of the Supreme Court in the electricity services under the
CPA?
7. Are there are any changes in the views of the Supreme Court in the service
sector under the CPA at Macro level and Micro level?
8. What are the quantitative changes in the interpretation of the Supreme Court in
the service sector under the CPA?
9. What are the qualitative changes in the interpretation of the Supreme Court on
service sector under the CPA?

1.4 Objectives of the Study

1. To study the views of the Supreme Court of India on service sector in general
under the CPA.

14
 2. To find out the views of the Supreme Court on transport service under the CPA.
3. To find out the views of the Supreme Court on communication service under
the CPA.
4. To find out the views of the Supreme Court on medical service under the CPA.
5. To find out the views of the Supreme Court on financial service under the
CPA.
6. To find out the views of the Supreme Court on electricity service under the
CPA.
7. To find out the changing trend in the interpretation of the Supreme Court of
India on the services under the CPA.
8. To study the quantitative changes in the interpretation of the Supreme Court of
India on the said services under the CPA.
9. To study the qualitative changes in the interpretation of the Supreme Court on
the said services under the CPA.

1.5. Conceptual Definition

In this research work concept like ‘Consumer’, ‘Service’ and ‘deficiency’

among others are used repeatedly. They require definition for the systemic analysis.

1.5.1.Consumer

The word ‘Consumer’ is defined in the Act8. It means any person a) who buys any
goods for consideration which has been paid or promised or partly paid or partly
promised or under any system of deferred payment and includes any user of such goods
other than the person who buys such goods but does not include a person who buys
such goods for resale or for any commercial purpose b) who hires or avails of service
for a consideration which has been paid or promised or partly paid and partly promised
or under any system of deferred payment and includes the beneficiary other than the
person who hires or avails of service but does not include a person who avails of such
services for any commercial purpose. The use of goods or services must be made or
availed with the consent of first mentioned person.

8
Section 2(1)(d) (i), (ii) of The Consumer Protection Act, 1986

15
1.5.2. Services

According to the dictionary meaning the word ‘Service’ means, “Work that is
done for others as an occupation or business. 9”As per the business dictionary it means,
the intangible products such as accounting, banking, cleaning, consulting, education,
insurance, expertise, medical treatment or transportation10.

Section 2 (1) (o) of the CPA defines the word’ Service’11. It means service of
any description which is made available to potential users and 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.

1.5.3. Deficiency

According to 2(1) (g) of the CPA, ‘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 time 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.

Regarding goods a consumer is said to be a person who has paid or partly paid
and partly promised or under any deferred system of payment agreed to buy the
goods12. The Consumer must have bought the goods for consideration. The user of

9
www.thefreedictionary.com (visited on 15.1.15)
10
www.businessdictionary.com (visited on 15.1.15)
11
Section 2(1) (o) of the CPA : “service” means service of any description which is made available to
potential users and 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.
12
Section 2(1)(d) (i) & (ii) of the CPA: Consumer means any person who (i) buys any goods for a
consideration which has been paid or promised or partly paid and partly promised, or under any
system of deferred payment and includes any user of such goods other than the person who buys
such goods for consideration paid or promised or partly paid or partly promised , or under any
deferred payment when such use is made with the approval of such person, but does not include a
person who obtains such goods for resale or for any commercial purpose, or (ii) hires or avails of
any services for a 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

16
 goods other than the person who buys the goods is said to be a consumer. But the buyer
must not have bought the goods for re-sale or any commercial purpose. With regard to
service, the person who hires or avails of the service is said to be a consumer. He must
have availed the service for consideration which might have been fully paid or partly
paid and partly promised or agreed to pay in future. The beneficiary of service is also a
consumer but it does not include a service availed of for commercial purpose. The
beneficiary should make use of the service on the approval of the person who avails of
the service. However the commercial purpose is stated as to not include the use of
goods or service for earning his daily livelihood by means of self employment.

The word ‘commercial purpose’ should be determined according to the scope of

business, the investment involved, the way in which the business was done and the
motive behind it, the nature of business as to whether it is used for earning livelihood or
earning substantial profits and so on. The word self employment has not been defined.
It can be said as a matter of evidence. Unless there is evidence that the machineries or
services are used for commercial purpose by employing men, self employment is said
to be made. For example in self employment, the concerned person alone uses the
machinery for producing the goods or earning his livelihood.

Prescription of ‘Service’ under the Act is as follows.A person is a consumer of services

if he satisfies the following criteria:

1. Services are hired or availed of : The term ‘hired’ has not been defined under the Act.
Its dictionary meaning is to procure the use of services at a price. Thus the term ‘hire’
has also been used in the sense of ‘avail’ or ‘use’. Accordingly it may be understood
that consumer means any person who avails or uses any services for a price.
2. Consideration must be paid or payable: Consideration is regarded as necessary for
hiring or availing of services. However its payment need not necessarily be immediate
and can be paid in installments.

other than the person who ‘hires or avails of the services for consideration paid or promised or
partly paid and paid 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 Explanation – For the purpose of this clause ‘
commercial purpose’ does not include use by a person of goods bought and used by him and
services availed by him exclusively for the purposes of earning his livelihood by means of self-
employment..

17
3. Beneficiary of services is also a consumer : When a person hires services, he may hire
it for himself or for any other person. In such case the beneficiary (or user) of these
services is also a consumer

According to the definition in CPA , service includes the service of any

description but it is not limited to the mentioned services in the section such as
banking, insurance, finance etc., The definition of service has an inclusive clause. It
includes service of any description. So it is not only limited to the services given in the
section. It includes the services given and the other services too. However the service
which is rendered free of charge or under the contract of personal service does not
come under the term service under the act. Hence for the deficiency in service which is
rendered freely or contract of personal service the consumer forum cannot be
approached. Services rendered free of charge are the services where no charge is levied
for rendering the service. It also includes the services where an initial token fee is
charged for registration etc., The service which is rendered under the contract of
personal service also does not fall under the service definition and hence when
deficiency occurs consumer forum cannot be approached.

1.5.4. Contract for Service and Contract of Service

The expression ‘Contract of Personal Service’ is not defined under the Act. In
common parlance, it means a contract to render service in a private capacity to an
individual. For example, an agreement between a servant and a master for employment,
or an agreement where a landlord agrees to supply water to his tenant, are the contracts
of personal service. The idea is that under a personal service relationship, a person can
discontinue the service at any time according to his will, and need not approach the
consumer forum to complain about deficiency in service.

There is a difference between ‘Contract of Personal Service’ and ‘Contract for

Personal service’. In case of contract of personal service, the service seeker can order or
require what is to be done and how it should be done. For instance, a master can ask his
servant to bring goods from a particular place. However, in a contract for personal
service, the service seeker can specify his needs and the manner of achieving the end is
the discretion of the performer. For instance, when a person gets a suit stitched by a
tailor he does not tell him which method he should use to stitch it, but specifies the
style of the suit required.

18
 Contract of personal service is a service where the relationship of master and
servant exists. It involves an obligation to obey the orders in the work to be performed
and the mode and manner of performance. Contract for service is a contract wherein
undertaking is made by one party to another so as to render services which may be
professional or technical13. The contract of service is included in the definition since an
employer cannot be regarded as consumer in respect of the services rendered by his
employee in pursuance of the contract of employment. In contract for service an
undertaking is made by one to another in the performance of which there will not be
detailed direction or control and the person can exercise his own professional skill or
technical skill and can use his own knowledge and discretion. In contract of service,
there is a relationship of master and servant, where the servant has an obligation to
obey the orders in the work to be performed and to the mode and manner of
performance. A contract of service is excluded from the ambit of the definition of
service whereas contract for service is included. Even medical service was brought
under the term ‘service’ in Indian Medical Association v. V.P.Shantha.

‘Contract of Personal service’ is excluded from the definition of service,

whereas ‘Contract for Personal service’ is recognized as service under the Act. It does
not make a difference whether the service provider is a government or a private body.
Hence even if a statutory corporation provides a deficient service, it can be made liable
under the Act. Thus, the test is, whether the person against whom the complaint is
made performance a service for consideration which is sought by a potential user.

Only the sovereign functions are outside the purview of the CPA act and even
administrative aspects of sovereign functions if provided for a fee paid by the consumer
would come within the scope of the CPA. It has been decided in RPF Commissioner v.

13
Oxford Companion to law (Page 1154) – Contract for service has been defined as follows;- In
Roman Law- Location operas faciendi, the contract whereby one party undertakes to render
services, eg., professional or technical services to or for another in the performance of which he is
not subject to detailed direction and control but exercises professional or technical skill and uses his
knowledge and discretion. There are two major groups of such services, professional services of
lawyers, accountants, surgeons, and the like and technical services of building and engineering
contractors, builders, garages, and many more.
Strouds Judicial Dictionary (Page 540, 5th Ed.) – A contract to render services is not the same thing
as a ‘Contract of Service’ ; the latter implies some relationship of master and servant and involves
an obligation to obey orders in the work to be performed and as to the mode and manner of
performance.

19
Shiv Kumar Joshi14.With regard to goods the word defect is used. It is defined in
section 2 (1)(f) of the CPA.15 Whenever defect in goods occur the Consumer Forum
can be approached. A defect in goods can be proved by establishing that i)there has
been a standard required to be maintained ii)such standard may be prescribed by a) any
law for the time being in force b) any express or implied contract c) claimed by the
trade or in any manner iii) such standard or prescribed claim must relate to a) quality
b) quantity c) potency d) purity of the goods that are purchased and they suffer from
any fault, imperfection or short coming in their quality, quantity, potency, purity or
standard as required to be maintained under any law or under any contract.

The word ‘Deficiency’ is used in the CPA act with regard to services16. When
deficiency in service occurs the Consumer Fora can be approached. The word refers to
any services which are hired of or availed of. In order to prove that the services hired
or availed of suffer from any deficiency it must be established that i) some manner of
performance is required to be maintained of the service in question according to a) by
or under any law for the time being in force or b) in pursuance of a contract c)
otherwise than by or under a law or in pursuance of a contract, in relation to service in
question and ii) it suffers from any a)fault b) imperfection c) shortcoming d)
inadequacy and iii) such fault, imperfection, shortcoming or inadequacy is in relation
to a) the quality b) nature c) manner of performance required to be maintained as stated
above.

A complaint can be made by a complainant in the Consumer Fora. The

following are said to be complainant a) a consumer b) any voluntary consumer
association registered under the companies Act 1956 or under any other law for the
time being in force or c) the Central Government or any State Government d) one or
more consumers, where there are numerous consumers having the same interest and e)

14
RPF Commissioner v. Shiv Kumar Joshi 2000 (1) SCC 98
15
‘Defect’ means any fault, imperfection, or shortcoming 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.
16
Section 2(1) (g) : 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 time 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.

20
in case of death of a consumer, his legal heir or representative, who or which makes a
complaint.17

The following are the reliefs available to a Consumer: a) Removal of defects

from the goods b) Replacement of goods c) Refund of the price paid d) Award of
compensation to the consumer for any loss or injury e) Removal of deficiency in
service f) To discontinue or not to repeat unfair trade practice or restrictive trade
practice g) Not to offer hazardous goods for sale h) Withdraw hazardous goods from
being offered for sale and i) To provide for adequate costs to parties.

There is three tier machinery established under the CPA to protect the interest
of the consumers. They are 1) District Forum 2) State Commission and 3) National
Commission. Above the three tier system, appeal can be preferred to Supreme Court.
The Supreme Court is the apex body to the three tier machinery.

Jurisdiction of Supreme Court ( Appeals and Special Leave petitions)

1. In case of appeals against the orders of the National Commission passed in original
complaints, the limitation period prescribed is 30 days from the date of supply of
the certified copy of the orders from the Registry of the National Commission.
2. A Special Leave Petition can also be made against the orders of the National
Commission passed in appeals in revision. The limitation period in such cases is 90
days from the supply of the certified copies of the orders.18
For filing the appeals from National Commission to Supreme Court it should
be made within a period of thirty days. Moreover, the person preferring the appeal must
have deposited 50% of the amount awarded or fifty thousand rupees whichever is
less.The services focused by the research scholar are Transport, Communication,
Medical, Financial Service which includes Banking and Insurance and Electricity.

17
Section 2(1) (b) of the CPA
18
Section 23 of the CPA: Appeal: Any person aggrieved by an order made by the National
Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of Section 21, may
prefer an appeal against such order of the Supreme Court within a period of thirty days from the
date of order. Provided the Supreme Court may an entertain an appeal after the expiry of the said
period of thirty days if it is satisfied that there was sufficient cause for not filing it within that
period. Provided further that no appeal by a person who is required to pay any amount in terms of
an order of the National Commission shall be entertained by the Supreme Court unless that person
has deposited in the prescribed manner fifty percent, of that amount or rupees fifty thousand,
whichever is less.

21
 Transport Service

The moving of goods or people from one place to another is said to be transport
service. Examples are road transport, rail transport, air transport, Water ways. Among
these focussed has been made only on the first three. The Carriers or the railways or the
flights should provide the necessary services. If there is deficiency in their services
Consumer Fora could be approached. It is on their part to provide the services
promptly.

Communication Service

Communication is the imparting or exchanging of information by speaking , writing

or using some other medium. There are various modes of communication. Postal,
Courier and Telephone are focussed by the researcher. These services were also
brought under the term’service’ and could be sued for deficiency in service. When there
is negligence, ill will on the part of the authorities then a complaint for deficiency could
be filed.

Medical Service

Medical Service is also service which comes under the CPA and the doctors cannot
be excluded out of it. Professional liability is different from occupational liability.
Medical service being a profession should be done with ordinary care and skill of a
prudent man. In the above said case only the medical profession was first brought under
the term ‘service’ before which the doctors could not be held liable for the deficiency in
service.

Financial Service

a) Banking Service
The service of bank is said to be a commercial function. Banking means acceptance, for
the purpose of lending or investment of deposit of money from the public, repayable on
demand or otherwise . The intention of the CPA is to protect the interest of the
consumers . The bank usually renders services such as remittances, accepting deposits,
providing lockers, facility for discounting of cheques, issuing drafts. It was also held in
the case that the overdraft service provided by a bank is also a service since the bank is
rendering the service after charging interest and other charges.
Other activities of bank are also said to be service. The deposit of cheque or draft for
collection by a customer is also service rendered by a bank for consideration.

22
b) Insurance Service
The Life Insurance Corporation and other insurance companies are said to be service
providers. They charge premium amount from the proposers and issue insurance
policies. The Life Insurance Corporation of India issues life insurance policies after
charging the premium amount. The other insurance companies such as the National
Insurance Company ltd., United India Insurance Company ltd, New India Assurance
Company Ltd etc also avail insurance policies for vehicles, storm, transportation,
medical etc., after charging premium amount. Hence all insurance services are service
providers.

Electricity Service

Electrical service is one of the most important public utility services. The person
who consumes electricity is said to be a consumer and the rights of the consumers are
protected under the Electricity Act. It is the statutory liability of the licensee to supply
electrical energy to a prospective consumer. The CPA was enacted to provide better
protection of the interests of consumers. No dispute has been raised as to that
provisions of the said act are not applicable. The supply of electricity is said to be
service within the meaning of the section 2(1) (o) of CPA.

The Competition Act 2002 also defines service in Section 2(u)19. The definition of
‘service’ under the CPA is limited but under the competition act is wider. The services
rendered under the CPA excludes the services rendered free of charge and contract of
personal service. Hence in this research work the definition of ’service’ under the
consumer protection Act is taken for the research.

1.6. Operative Clause

In a welfare state like India, everyone has the right to life and personal liberty
under Article 21. For enjoying the liberty the basic infrastructure which includes
various services such as Electricity, Health care, Telecommunications, Finance, Water

19
According to section 2(u) of the Competition Act 2002 “Service” means service of any description
which is made available to potential users and includes the provision of services in connection with
business of any industrial or commercial matters such as banking, communication, education,
financing, insurance, chit funds, real estate, transport, storage, material treatment, processing,
supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction,
repair, conveying of news or information and advertising.

23
supply, Roadways, Railways, Airways, and Sanitation should be good. Among these
services, Transport (Roadways, Railways, and Airways), Communication (Postal,
Courier, and Telephone), Medical Service (negligence), Financial (Banking and
Insurance), and Electricity Service are the services which are alone focussed by the
researcher.

1.7. Research Methodology

It is partly a doctrinal and non-doctrinal research. It includes explorative,

formulative, analytical, comparative and critical methods. The Supreme Court cases in
relation to electricity, communication, medical negligence and transport services are
explored and chronologically ordered after 1986 (i.e. after the commencement of the
CPA, 1986) to 2014. The tools relies in the research work is content analysis research
tool. For this purpose, AIR Info-tech Software and CDJ link is used to explore the cases
decided by the Supreme Court of India. The cases decided by Supreme Court has been
taken for this research. The National Commission cases are also discussed. Since it
was not possible to access the datas from the National Commission website, approved
CDJ has been used to access data. The qualitative and quantitative analysis will be
employed to analyse the case. Under the quantitative analysis the statistical formulation
will be used.

1.8. Review of Literature

To study the implications of different issues and to identify the areas already
investigated, the Researcher has referred to important studies already undertaken on
consumer protection

Justice V. Balakrishna Eradi ,Former Judge of the Supreme Court in his work
‘Consumer Protection Jurisprudence’ has elucidated about the rights of the consumers
and the mechanism available to safeguard the consumer interest. The legitimate intend
of the book is to protect and promote the interests of consumers, availability of
effective consumer forums, the safety, security and well-being of consumers and
consumer awareness. The book examines the relevant notifications, allied acts, latest
amendments and UN guidelines and an easy reference tool for consumer activists,
advocates and students and for those concerned with consumer rights in general20.

20
Justice V. Balakrishna Eradi,, Former Judge of Supreme Court Consumer Protection
Jurisprudence Lexis Nexis, India, 1st edition, (2004)

24
 S.K. Verma and M.Afzal Wani, in the book ‘A treatise on Consumer
Protection Laws’ has discussed in detail the acts allied to Consumer Protection Act
having significant bearing in the interest of protection of consumers. The basic policies
and the enforcement mechanisms were discussed. It also discusses about the general
laws and as well as the special laws. The objectives, coverage, mechanism for
advancement of the consumer movement and redressal of consumer grievances are also
discussed. It also discusses about the UN guidelines and Consumer Protection Act in
detail. It mainly focuses on the other laws related to Consumers21.

Prof.(Dr) Ashok R.Patil (ed.), Chair on Consumer law, NLSIU, Bangalore in his
work’25 Years of Consumer Protection Act, Challenges and the Way forward’ and
practice has combined the various aspects on consumer protection and has discussed
about impact of misleading advertisements, advertisements, unsafe foods and the
challenges22.

Justice D.P. Wadhwa , Former Judge of Supreme Court of India and NL Rajah
have in the book ‘The Law of Consumer Protection’ written commentary about
Consumer Protection Act in an exhaustive manner with the help of principles
established by authoritative decisions and case law references of the redressal agencies
. The book also deals with the solution of problems arising in court and it also indicates
how to proceed in drafting and disentangling vexed questions on conveyancing, their
pitfalls, information on matters relating to deficiency in services with Central rules,
State rules and other allied acts and rules on the subject23.

Dr. Kameswara Rao (ed.), kalasalingam University (along with Indian Institute
of Public Administration) in their international publication has dealt with globalization
and consumer protection. It deals in a general way about the globalization and
consumers24.

D. N. Saraf has critically examined in the book ‘Law of Consumer Protection

in India’ the basic principles of major consumer laws in the country. This book has a

21
S.K. Verma and M.Afzal Wani ,A Treatise on Consumer Protection laws,ILI, New Delhi, (2004)
22
Prof.(DR) Ashok R.Patil (ed.), 25 Years of Consumer Protection Act, Challenges and the Way
Forward , NLSIU,Bangalore, (2014)
23
Justice D.P.Wadhwa Former Judge of Supreme Court and NL Rajah, The Law of Consumer
Protection, Lexis Nexis,Second Edition,(2009)
24
Dr.Kameshwara Rao. (ed.) Consumer Protection and Globalization 2010,Mani Bharathi
Publications ,(2010)

25
broader commentary on Consumer Protection Act, 1986.The author has pointed how
the state regulation was necessitated due to the pressure of powerful consumer groups
and in United Kingdom and United States the consumer movement preceded the
legislative reform. The change that had come out in the recent past is also discussed
including the filing of complaints against the State monopolies. He has highlighted the
role of state agencies, self-regulation business, and the role of voluntary agencies,
consumer education and advocacy. He has also discussed about the UN guidelines on
consumer protection25.

Law of Consumer Protection (2005) by Dr.G.B. Reddy, The author in this book
discussed and analysed the precise aspects of consumer protection Act. 1986. This
book has a unique feature and made a sincere attempt to trace the origin, evolution and
growth of consumer movement with special reference to India. It contains relevant
extract from number of legislation having bearing on consumer protection26.

Justice S.N. Agarwal, Former Judge, Punjab and High court has written in his
book ‘Supreme Court on Consumer Protection Act’ has stated about the Supreme
Court judgments on each section of the act. The scheme adopted by the author in
writing the book is judgment wise and subject wise particularly under section 14
where various categories of reliefs are narrated. It was written with the thought that the
readers should be given an opportunity to read the law as laid down in the judgments.
Various judgments given by the National Commission and State Commission have also
been discussed here. The author has also discussed the defects in goods and the reliefs
available there under27.

Devendra Mohan Mathur, Advocate in his book ‘ Supreme Court and National
Commission on Consumer Law – digest’ has stated very briefly the various cases under
various headings given by the Supreme Court of India and most cases of the National
Commission. The case laws were given very shortly simply under different headings.

Gurjeet Singh has discussed in his work ‘The Law of Consumer Protection
in India: Justice Within Reach, has examined the historical perspective of the problem

25
D.N.Saraf, Law of Consumer Protection in India Tripathy private Limited,New Delhi, Second
Edition,(1990)
26
Dr. G.B.Reddy, Law of Consumer Protection, Gogia Law Agency, Hyderabad, third Edition,
(2005)
27
Justice S.N. Agarwal, Former Judge, Punjab and Haryana High Court, Supreme Court on
Consumer Protection Act , Universal Law Publishing Co. Pvt. Ltd, (2013)

26
of consumer protection in India. He has highlighted the role of the Central and State
Consumer Protection Councils established under the Act and some of the
controversies arising out of the judicial decisions on issues like commercial purpose,
service rendered free of charge and services rendered under the contract of personal
services. He has examined the functions of redressal mechanism envisaged and
established under the act and he highlights the problems associated with the
establishment of consumer forums throughout the country. He has also focused on
several new developments and emerging trends in the Indian Consumer Protection
Jurisprudence. He has emphasized the role of non-legal measures for consumer
protection such as consumer education, consumer representation, lobbying, consumer
boycotts and international co-ordination28.

Rajendra Kumar Nayak has visualized in his book ‘Consumer Protection law
in India: ‘An Eco Legal Treatise on Consumer Justice’ the consumer himself as
guardian of his own right and has criticized the behaviour of Indian consumers,
holdingc them responsible for their exploitation. On the legal front, Nayak has noted
pessimistically that whatever legislation are in India to protect the interest of consumers
they are not enforced properly so as to control and eliminate deceptive acts and
practices of sellers. He has argued that the legislative enactments aimed at protecting
the consumer interests are yet to become instruments of positive action in redressing
consumer grievances. He has dealt with the problem of consumers from a historical
perspective, tracing the history of the movement and the legislative measures
undertaken in India. He has also discussed the role of Government in consumer
protection and has examined issues like implied warrant and merchantable quality, food
adulteration, identification of unfair trade practices and civil and criminal protection of
consumers. He has made useful suggestions like the establishment of a consumer
ombudsman and a separate Ministry of Consumer Affairs in India29.

P.K. Majmudar in his book ‘Law of Consumer Protection in India’ has

discussed about the historical background of the CPA, the synopsis and sub-synopsis
spread over, case laws from various journals, cases decided by Sc, National
Commission, High ,court, State Commission, Central and State rules, allied laws such

28
Gurjeet Singh, The Law of Consumer Protection in India: Justice within Reach, Deep and Deep
Publications,(1996)
29
Rajendra Kumar Nayak ,Consumer Protection Law in India: An Eco Legal Treatise on Consumer
Justice, N.M.Tripathi Publications, First edition, (1991)

27
as the SC Rules and MRTP act, other literature useful for the Industries and
Consumers, the Standards of Practice for advertisisng agencies, List of Voluntary
organisations, List of Appropriate Laboratories, Addresses of redressal agencies, UK
CPA, UN guidelines for Consumer Protection, Model forms of legal notice, complaint,
written statement, affidavit and appeal, commodity and service index30.

Venkat Rao, Former District and Sessions Judge and President of Consumer
Disputes Redressal Forum, Hyderabad in his book ‘ Law of Consumer Protection’, had
evaluated about the significance of the preamble, the legislative history, the general
principles, statements of objects and reasons and their relevancy, better protection of
interest of the consumers, the significance of the act, about the establishment of
consumer councils, other authorities for settlement of consumer’s disputes, the
characters of other authorities, the cases decided by the National Commission relating
to goods and services, the various provisions of the CPA , the related state rules31.

O.P. Tiwari, Advocate- on-Record, Supreme Court of India, in his book

‘Consumer Protection Act’ has discussed about the history, statement of objects and
reasons, the various definitions under the act, consumer protection councils, the
redressal agencies, the various provisions of the act, rules made by the Central and
State, the cases decided by the National Commission . All these have been discussed in
a brief way32.

Dr. Surendra Sahai Srivastava, in his book ‘Law of Consumer Protection in

India’ has analysed about the various provisions of the CPA, defect in goods,
deficiency in services,consumer protection councils, the various redressal agencies,
their composition,term, salary and allowances, jurisdiction, limitation, administrative
control, enforcement of orders, reliefs to be granted by the consumer forums. In this
book the author has discussed the case laws of National Commission in a brief manner.
The case laws of Supreme Court have also been discussed to a certain extent33.

Prof. Rakesh Khanna, in his work ‘Consumer Protection Laws’ has vizualised
about the historical perspective of CPA, product liability under Law of Torts, product

30
P.K. Majmudar, Law of Consumer Protection in India, Oriental Publishing Company, Fourth
Edition,(2002)
31
Venkat Rao, Law of Consumer Protection Asia Law House,(1998)
32
O.P. Tiwari, Consumer Protection Act, Allahabad law Agency, Third Edition, (2007)
33
Dr. Surendra Sahai Srivastava, Law of Consumer Protection in India, Central Law Agency, Second
Edition, (2010)

28
liability under contractual transactions, consumer protection councils, redressal
agencies, their composition, jurisdiction, power, procedure, manner of making
complaint were discussed in brief. The Competition Act 2002 was also discussed in
brief34.

Dr. R.K. Bangia, in his book ‘Consumer Protection Laws and Procedure’ has
elucidated about the provisions of CPA, the redressal agencies under it in a detailed
manner, the consumer protection councils, recognition of consumer’s association, the
other important laws related to consumer protection,guidelines for the protection of
rights of consumers, model forms of notice, complaint, written statement, appeal etc,
certain selected case laws topic wise,commentary on the competition act, address of
redressal agencies, list of appropriate laboratories, recognised consumer associations35.

N.K.Jain, in his book ‘Consumer Protection – Law and Practice, has discussed
about the various aspects of the issues relating to the working and performance of the
CPA, the problem of developed and developing countries in general , laws relating to
consumer protection, the redressal agencies under the CPA, the Consumer Protection
Rules, the complaint system and procedure. The acts related to the CPA have been
discussed in a detailed manner while the redressal agencies are discussed in a brief
manner36.

Dr. Rifat Jan in his book ‘Consumerism and Legal Protection of Consumers’
has discussed the main problems which are responsible for consumer exploitation,
some landmark judgments of the Supreme Court and national Commission, evolution
of various judgments disposed off by the consumer redressal agencies of various states.
A critical analyse of the various provisions of the Jammu and Consumer Protection Act
1987 has also been made37.

Anoopam Modak in his work ‘Supreme Court on Consumerism’ has analysed

various rights of the consumers, awareness among the general public regarding the

34
Prof. Rakesh Khanna, Consumer Protection Laws, Central Law Agency, third edition, (2005)
35
Dr. R.K. Bangia, Consumer Protection Laws and Procedure, Allahabad Law Agency, Sixth Edition
(2007)
36
N.K.Jain, Consumer Protection- Law and Practice, Regal Publication, (2008)
37
Dr. Rifat Jan, Consumerism and Legal Protection of Consumers Deep and Deep Publications,
(2007)

29
rights of them as consumers, synopsis of various judgments. The various rights and the
awareness of the consumers are discussed in a brief manner.38

Rajyalakshmi Rao, in her book ‘Consumer is King’ has elucidated about the
implementation of consumer rights and it paves the way to know about the rights even
to a common layman. The voluntary consumer organisations would also understand the
law. It also shows the way to the Advocates in finding out the case law and it would
also assist the members of the Consumer Fora in understanding the development of
consumer jurisprudence. Exposition of law for ‘Consumer Education’ has been made.
The various decisions of the National Commission on various services39.

Judith Tillson in ‘ Consumer and commercial Law’ has examined about the
need for consumer protection, contract terms, (sale and supply of goods implied terms,
transfer of property and risk, performance and remedies), distance selling and
electronic commerce, product liability, consumer credit, agency law, liability for unfair
trading practices in UK40.

William J. Curran, in his article ‘Medical Negligence’ had discussed about

medical negligence and the liability of doctors in America and Britain in those days.
The hospitals were held liable for the negligence of the doctors on the basis of the
salary provided to the doctors which might be full time or part time41.

In an article published in Economic and Political Weekly, the medical

negligence the importance of enactment of the CPA was discussed and the attention of
the doctors towards their service because of the liability under the CPA was also
discussed 42.

Arun Bal, in his article ‘Consumer Protection Act and Medical Profession has
analysed about the CPA in brief. The rights of the Consumers, the various provisions of

38
Anoopam Modak, Supreme Court on Consumerism, S.P.Gogia, First Edition,(2013)
39
Rajyalakshmi Rao, Consumer is King, Universal Law Publishing Co. Pvt. Ltd, Second Edition
(2010)
40
Judith Tillson, Consumer and Commercial Law, Law Express, Second Edition (2013
41
William J. Curran, ‘Medical Negligence’, The Yale Law Journal, Vol.68,No.1 (Nov.,1958). pp,185-
188
42
Economic and Political Weekly, Vol.27, No.45 (Nov.7, 1992), p.2393

30
the act , the rights of the patients under CPA, the existing avenues of redressal,
Contract of service, Contract for Service, certain case laws were discussed in short43.

Abhjit Das, Ramakani Rani and Dinesh Singh, in ‘Medical Negligence and
Rights Violation’, had elucidated about the poor quality of care shown to women in
tubectomy and rights violation,the quality of tubectomy, high rates of complication.
The study clearly highlighted the standards of care to be implemented and some forms
of redressal established, quality to be complied.44

Karunakaran Mathiharani, in his article ‘Supreme Court on Medical

Negligence’ had discussed about the medical negligence in India in a short manner.
The remedy availed by the Indians before the coming up of the CPA, certain judgments
of the Supreme Court, the accountability of the medical practitioners, medical
negligence of doctors under Section 304-A IPC were also discussed in a short
manner45.

T.H. Chowdary in his article ‘Telecom Regulation and Consumer Welfare’ has
elucidated about the regulation of telecom and the consumer welfare in India. He has
discussed the participation of the consumer bodies in the TRAI’s consultative
processes. He has also discussed about the Telecom Regulatory Authority, improving
affordability, the competition and prices46.

Alstair Clark in his article ‘The Consumer Protection Act 1987’ has written
about the product liability, the persons who incur liability, the terms such as damage,
defect, defences, financial limits, prescription and limitation. Mainly the liability as to
the products has been discussed.47

Robert B. Reich in his work ‘Toward A New Consumer Protection’, has

elucidated about the need for consumer protection, the role of Government as
Franchisor, purchasing agent in Consumer Protection and Market Instability, assessing
the costs and benefits of particular products,accounting for the consumer protection,

43
Arun bal, Consumer Protection and Medical Profession ,Economic and Political Weekly, Vol.29,
(Mar 13, 1993). pp, 432-435
44
Abhjit Das, Ramakani Rani and Dinesh Singh, Economic and Political Weekly, Vol 39. No. 35, pp
3876- 3879
45
Karunakaran Mathiharani, Economic and Political Weekly, Vol. 41,No.2,( Jan 14-20,2006),pp(111-
115)
46
T.H. Chowdary, Economic and Political Weekly, Vol.37, No.43 (Oct26-Nov1,2002),pp.4354-4356
47
Alstair Clark, The Modern Law Review, Vol.50, No.5 (sep,1987), pp. 614-622

31
potential of various market restraints, market division agreements, tying
agreements,occupational provisions, trademark protection,the goal of consumer
protection48.

Sujit and Das in their article ‘Private Practice and Medicare’ has discussed
about the West Bengal State Health Service Act (1990) which barred private practice
among teacher-doctors in governmental institutions and the impact of the act on
medicare in the state. He has also discussed about the standard of the medical education
and its deterioration49.

Sujit Das in his article, ‘Right to Emergency Medicare- A Landmark Judgment’

has enlightened about the judgment provided in Paschim Banga Khet Majoor Samiti
and has discussed about the rights of seriously ill persons to get hospitalisation for life-
saving medical and in governmental hospitals.Health Care has also been discussed as a
fundamental right50.

William k. Darley and Denise M.Johnson have in their work ‘cross-national

Comparison of Consumer Attitudes Toward Consumerism in Four Developing
Countries’ have evaluated about the consumerism in four developing countries namely
Kenya, Nigeria, India and Singapore. A general idea about consumers , their literacy
and income are all discussed here. It has been laid down that the sceptical of the four
countries regarding the freed of business, lack of concern for customers and India
appeared the least51.

Richard Widdows and Gong-Soog hang, Jing J.Xian and Misako Higa, Hilary
Tso, Lakshmi malroutu have in their article ‘Consumer Issues and Consumer Protection
in Asia’ have discussed about the consumer interest in Asia and commented about the
consumer policy. , self regulation among the producers of the industrialised world52.

Robert H. Scort has discussed in his article ‘ Bankruptcy Abuse Prevention and
Consumer Protection Act of 2005; How the credit card industries perseverance paid
off’ the Bankruptcy Abuse prevention and Consumer protection Act of 2005 in

48
Robert B. Reich, The University of Pennsylavania Review, Vol. 128, No.1 (Nov.1979) pp1-40
49
Sujit and Das, Economic and Political weekly, September 4 1993
50
Sujit Das, Economic and Poliitical Weekly, oct 26 1996
51
William k. Darley and Denise M.Johnson,The Journal of Consumer Affairs, Vol. 27, No.1, pp 37-
54
52
Richard Widdows and Gong-Soog hang, Jing J.Xian and Misako Higa, Hilary Tso, Lakshmi
malroutu, Advancing the consumer interest, Volume No 7, No1., Spring 1995

32
United States, credit counselling which helps to understand their options for paying
back debts, filing advice restriction, perspectives on personal bankruptcy53.

Mathew Hilton has evaluated in his article’ The death of a Consumer Society’
that the meaning of consumer society has changed a lot over the half century, through
the prioritisation of choice over access which is done through an examination of the
global consumer movement and a consideration of its success and its failures. The
consumer society in England has been discussed in a brief54.

Jean Noonan and Michael goodman has discussed in his article ‘ Fax, E-Mail
and Telephone: Federal Regulation of Marketing Methods’ has discussed the
Telephone Consumer Protection Act of 1991, marketing via facsimile, enforcement of
facsimile advertisement regulations, the efforts taken by the State to regulate facsimile
advertising and premption, jurisdiction,e-mail marketing, State rule making and
enforcement, private rights of action, telemarketing, communication to cell phones55.

Sansar Singh Janjua, in his article, ‘ Administrative Machinery for Consumer’s

Interest: An Analytical Study ‘ has analysed about the protection of consumers in three
aspects namely the physical protection, the protection of consumer’s interest, the
protection of public interest against the abuse, the monopoly position and restrictive
trade practices56.

Brian Hurwitz in his article, ‘How does evidence based guidance influence
determinations of medical negligence?’ has discussed that the trustworthiness of
clinical guidelines depends on marshalling and interpreting best evidence which is
usually of valuable quality and credibility and that evidence based standards. He has
also discussed the meaning of evidence, medical negligence57.

Megban C.O’ Connor in his article ‘The Physician –Patient relationship and
the professional standard of care: Reevaluating medical negligence principles to
achieve the goals of tort reform’ has notified the relationship between patient and

53
Robert H. Scort, Journal of economic Issues, Vol. 21, No 4, December 2007
54
Mathew Hilton, Transactions of RHS, (2008), pp 211-236
55
Jean Noonan and Michael goodman, The Business Lawyer, Vol; 62, February 2007
56
Sansar Singh Janjua, The Indian Journal of Political Science, Vol.LXVIII, No.3, July Sept., 2007
57
Brian Hurwitz, BMJ Vol 329 30 October (2004)

33
physician, the duty of physician, the standard of care to be taken by the physician, the
proof of standard of care58.

Ajit Ranade and Rajeev Ahuja, in his article ‘Life Insurance in India –
Emerging Issues’ has discussed the overview of Life Insurance Corporations in India ,
the emerging strategic issues in light of liberalisation, the impending private sector
entry into insurance, strategic issues such as changing demography, demand for
pensions, brief history of insurance in India59.

Suneeti Rao in the article ‘ Information Technology Act – Consumer’s

Perspective’ has analysed about the failure of e-commerce to satisfy the precondition
for growth, consumer protection, the ignorance of consumer’s interests and the
mechanism of dispute settlement60.

Ajay Mahal in the article’ Assessing Private Health Insurance in India –

Potential Impacts and Regulatory Issues’ has examined the entries of private health
insurance companies, about the cost, quality and equity of private health insurance,
quality and cost-effectiveness of health care, equity implications, financial stability,
Consumer protection by the regulatory agency, regulations on care standards ,
protection against medical malpractice in India61.

Madhav Godbole in the article ‘Electricity Act, 2003; Questionable Wisdom’

has discussed the regulatory contracts, the implications for Government finances, the
working of State Electricity Board, multiple distribution licences, consumer
protection62.

S. Mustafa Alam Nagvi in the work‘ Expanding horizons of Consumerism in

India and Abroad with Special Reference to Professional Deficiency’has discussed

58
Megban C.O’ Connor, Tort Trial and Insurance Practice Law Journal,vol. 46, No.1,(FALL
2010),pp.109-133
59
Ajit Ranade and Rajeev Ahuja, Life Insurance in India – Emerging Issues, Economic and Political
Weekly, January 16-23, 1999
60
Suneeti Rao, Information Technology Act – Consumer’s Perspective, Economic and Political
Weekly, September 15, 2001
61
Ajay Mahal, Assessing Private Health Insurance in India – Potential Impacts and Regulatory
Issue, Economic and Political Weekly,February 9, 2002
62
Madhav Godbole, Electricity Act, 2003; Questionable Wisdom, Economic and Political Weekly,
September 27, 2003

34
about the term consumerism, historical perspective, the CPA , the salient features of the
act, role of judiciary, professional deficiency in a very brief manner63.

Priyanka Khule in the article ‘Impact of Misleading Advertisements on

Consumers and Solutions’ has discussed about globalization and consumer,
misleading advertisements, concept of e-commerce, implementation of consumer
welfare legislations and the reasons for their failure64.

Y.G. Muralidharan in his article ‘Advertisements And Consumer’s Right to

Information’ has examined about self regulation, legal regulation, the Food Safety and
Standards Act, 2006, the Drugs and Cosmetics Act, 1940,the Textiles (Consumer
Protection) regulations65.

C. Rajasekhar in his article ‘Promoting Sustainable Consumption:Problems

and Perspectives’ has discussed about the concept of sustainable consumption, global
response to unsustainable consumption,sustaining consumption in India, energy
conservation, recycling of waste paper, waste management through the reduce, reuse,
recover and recycle approach66.

Ashok R. Patil in his article ‘ Consumer Protection Amendment Bill, 2011: An

Analysis’ has elucidated about the bill, unfair trade practice, unfair contract, execution
of orders as a decree of Civil Court, penalty for non-compliance of the
order,Government’s power in selection process, increase of minimum age and
experience period for members67.

Shampa I Dev in the article ‘Relaxing Rule 36 in the Era of Globalization’ has
discussed about the Rule 36 of the Bar Council of India Rules, 1975, purpose of
advertisements and its implications, views of the apex court68.

63
S. Mustafa Alam Nagvi, Expanding horizons of Consumerism in India and Abroad with Special
Reference to Professional Deficiency, AIR 2002 198 -207
64
Priyanka Khule, Impact of Misleading Advertisements on Consumers and Solutions, 25 Years of
Consumer Protection Act: Challenges and the way Forward,(2014)
65
Y.G. Muralidharan, Advertisements And Consumer’s Right to Information, 25 Years of Consumer
Protection Act: Challenges and the way Forward,(2014)
66
C. Rajasekhar, Promoting Sustainable Consumption:Problems and Perspectives, 25 Years of
Consumer Protection Act: Challenges and the way Forward,(2014)
67
Ashok R. Patil, Consumer Protection Amendment Bill, 2011: An Analysis, 25 Years of Consumer
Protection Act: Challenges and the way Forward,(2014)
68
Shampa I Dev, Relaxing Rule 36 in the Era of Globalization, 25 Years of Consumer Protection Act:
Challenges and the way Forward,(2014)

35
 Gargi Chakrabarti in the article’ Interface Between Consumer Protection and
Trademark Dilution’ has examined provisions of trademark law regarding consumer
protection, justification of trademark, general principles, essential elements of passing
off, trademark act provision for trademark dilution, potential confusion test and
consumer concern in USA69.

Tanvi Dubey has in the article ‘Consumer Protection and Solutions’ has
discussed about consumer welfare and consumer rights, consumer responsibility,
spread of consumerism, empowering the consumers, consumer movement, legislations
protecting the consumer rights70.

Farooq Ahmad Mir in the article ‘ A Critical Appraisal of the Food Safety And
Standards Act, 2006 has discussed about unsafe food, Food Safety and Standards
Authority of India, special responsibilities as to food safety, liability of the
manufacturers, enforcement of the act, licensing of food business71.

Suresh Misra in the article ‘ Protecting the Rural Consumers: The Role of
Media’ has discussed about the rising rural poverty, growth of rural markets, myths
about rural consumers, fake brands, spurious products, consumer protection and the
media, misleading advertisements and role of media, the need for education for rural
consumers72.

H.M.R.P. Herath and K.P. Mathotaarachchi in their article ‘ Ownership of the

Banks and Service Quality’ have examined about the reliability and validity of
instruments, discussion of findings which is based on their questionnaire. An empirical
study has been made and it has been discussed in a brief manner73.

Dr. Sheetal kapoor in the article’ Legal and Ethical Aspects of Advertising’ has
discussed about the advertising deceptive, right to information, right to safety, right to

69
Gargi Chakrabarti, Interface Between Consumer Protection and Trademark Dilution, 25 Years of
Consumer Protection Act: Challenges and the way Forward,(2014)
70
Tanvi Dubey, Consumer Protection and Solutions, 25 Years of Consumer Protection Act:
Challenges and the way Forward,(2014)
71
Farooq Ahmad Mir, A Critical Appraisal of the Food Safety And Standards Act, 2006, 25 Years of
Consumer Protection Act: Challenges and the way Forward,(2014)
72
Suresh Misra Protecting the Rural Consumers: The Role of Media Consumer Protection and
Globalization, Volume No1, Issue 1, (2010)
73
H.M.R.P. Herath and K.P. Mathotaarachchi, Ownership of the Banks and Service Quality, 25 Years
of Consumer Protection Act: Challenges and the way Forward,(2014)

36
choice, puffery, need for consumer action. The essentials for advertisement and aspects
of advertising are discussed .74

Dr. Ashok Gajanan Ranade and Dr. Anand Ganapatrao Jumle in their article’ A
Consumer Protection To consumer Well Being: Legal to Legacy Approach’ have
examined about the consumer protection in India, strategies to be followed by the
companies, challenges faced75.

Dr. Parimal H. Vyas in his article ‘Patients’s Safety: Emerging Issues and
Challenges’ has discussed about the brief review of health sector of India, WHO
guidelines on health care, principles and quality of health care76.

The review of literature reveals that the majority of the work is confined to
general principles and procedural aspects of Consumer Protection Act. Majority of the
authors in their books, articles and journals are confined with the legal aspects of
Consumer Protection Act at the national and international level. No books or research
work appears to have been carried out on the topic chosen by the researcher. Though a
few authors and researchers have carried out research on the legislative frame work and
legal system requirements on consumer protection they are related to general
perspectives only. The researcher has focussed his attention only on the needy public
utility services like Transport, Communication, Medical, Electricity, Finance (Banking
and Insurance) and the views of Supreme Court on it which has not been focused so far.

1.9. Sources of Data

Acts and Statutes relating to Consumer Protection form the primary sources.
Books, Articles, judgments on the provisions form the secondary sources. Similarly the
datas collected from the websites also form the secondary source.

1.10. Scheme of the Study

The researcher has designed his study under the following topics

74
Dr. Sheetal kapoor, Legal and Ethical Aspects of Advertising, 25 Years of Consumer Protection
Act: Challenges and the way Forward,(2014)
75
Dr. Ashok Gajanan Ranade and Dr. Anand Ganapatrao Jumle, A Consumer Protection To
consumer Well Being: Legal to Legacy Approach, 25 Years of Consumer Protection Act:
Challenges and the way Forward,(2014)
76
Dr. Parimal H. Vyas, Patients’s Safety: Emerging Issues and Challenges, 25 Years of Consumer
Protection Act: Challenges and the way Forward,(2014)

37
 In the first chapter Introduction, the concepts of consumerism and its
prevalence in Ancient period, Modern period and Medieval period, the definition of
concepts such as Defect, Deficiency, Service, Contract of Service, Contract for service,
Statement of the problem, Research Methodology, Object of the Study, Review of
Literature, Scope of the Study.

In the second chapter Background, the International perspective on service

under the CPA. In this context the research work focuses on international aspects
relating to services under CPA are traced. It also deals about the study in Indian
legislations and CPA relating to the public utility services like Transport,
Communication, Medical, Electricity, financial services (Banking and Insurance). A
comparative study has also been made. It also deals with the Judicial settings in India.

The third chapter deals about Transport service. The qualitative analysis of
the Supreme Court cases is decided from 1986 to 2014. In this research work, the
interpretation of the Supreme Court on roadways, railways and airways are focussed.
The concepts of Consumer, Deficiency in service ,when it amounts to deficiency in
service and when it does not amount to deficiency in service, Remedies, Liability,
Carriers Act, Motor Vehicles Act, the Railways act, the Railway Claims Tribunal Act,
the Carriage by Air Act, the Civil Procedure Code are discussed here in relation to the
protection of the consumers with relevant cases.

The fourth chapter is Communication Service. The relevant landmark views

of the Supreme Court on Telephone, Postal and Courier alone are focussed here since
these are the services used by a common layman. The terms Consumer, Deficiency in
service, When it amounts to deficiency in service and when it does not amount to
deficiency in service, Remedies, Liability, Indian Post Office Act, Contract Act, Indian
Telegraph Act are discussed here with the relevant provisions in protection of the
interest of the consumers.

The fifth chapter is Medical Service. The views of Supreme Court in its
landmarks judgments under the CPA regarding medical services in Allopathy medicine
are focussed hereunder. Various cases relating to the concepts Consumers, Persons who
are Consumers and who are not Consumers, Deficiency and When it amounts to
deficiency in service and when it does not amount to deficiency in service, Remedies,
Liability and the Indian Medical Council Act are discussed here.

38
 The sixth chapter deals about Financial Service. The views of Supreme
Court in its landmarks judgments under the CPA regarding financial services are
focussed hereunder. Banking and Insurance services are alone focussed here. The
following namely Consumers, Persons who are consumers and who are not consumers,
Deficiency and when it amounts to deficiency and when it does not amount to
deficiency, Remedies, Liability, Banking Regulation Act, Negotiable Instrument Act
and CPA are discussed under the Banking Service. Whereas under the Insurance
Service the following are discussed . Consumers, Persons who are Consumers and Who
are not Consumers, Deficiency in Service, When it amounts to deficiency in service
and when it does not amount to deficiency in service, Remedies, Liability, the
Insurance Act, the Life Insurance Act, the Marine Insurance Act, the Motor Vehicles
act and the CPA are discussed here.

The seventh chapter deals about Electricity Service. The views of Supreme
Court in its landmarks judgments under the CPA regarding Electricity services are
focussed hereunder. Consumer , Persons who are consumers and who are not
consumers, Deficiency in service – When it amounts to deficiency in service and when
it does not amount to deficiency in service, Remedies, Liability and the Electricity Act
are discussed here.

The eighth Chapter deals with Changing Trends of the Supreme Court. In
this the changing trend of the Supreme Court cases are quantitatively explored and
analyzed. In this the variation of the views of the Supreme Court of India in the
rendering of service will be studied. The views of the Supreme Court in the above
mentioned services are discussed and how the views have changed in different services
were discussed. Relevant graphs are also drawn.

The ninth chapter is Conclusion and Suggestions. It concludes on the whole

study work and some suggestions have been made for the promotion and legal
protection of consumers against defective services. The researcher here by concludes
that the Consumer Protection Act needs more attention and more innovative changes
should be brought for better consumer protection. The researcher also suggests that
amendments should be made for effective implementation. Awareness should be
created among consumers and the act should provide protection not only in letters but
in real.

39