COMMERCE BOARD PROJECT– 2

Bhagyashree Vaswani
12-E
Lilavatibai Podar High School
 Acknowledgement

I would like to express my sincere gratitude to my Principal Mrs. Sheila

Alexander, ISC Headmaster, Mr. Zaheer Sareea and mainly my
commerce teachers, Ms. Reshma Pradhan and Ms. Vijaya Polumuri for
giving me this wonderful opportunity to do research work on a project
based on Consumer Protection. In the process of doing my research
work, I could gather a lot of information regarding Consumer
protection. I would also like to thank my parents and friends who
equally supported and helped me in the successful completion of this
project.
 INDEX

Sr. No. Topic

1. Meaning & need of Consumer
protection
2. Rights of Consumer
3. Duties of Consumer
4. 3 tier Judiciary
5. Procedure to file a complaint (13 steps)
6. Case studies relating to Consumer
Exploitation.
7. Conclusion
8. Bibliography
 Meaning of Consumer Protection
The Consumer Protection Act,1986 (COPRA) was an Act of the
Parliament of India enacted in 1986 to protect the interests of consumers
in India. Consumer protection is the practice of safeguarding buyers of
goods and services, and the public, against unfair practices in the
marketplace. Consumer protection measures are often established by
law. Such laws are intended to prevent businesses from engaging in
fraud or specified unfair practices in order to gain an advantage over
competitors or to mislead consumers. above. It provides for the setting
up of a three-tier quasi-judicial machinery. This machinery has been
authorized to provide time-bound relief to consumers. The term
“consumer” has been defined in Section 2 (1) (d) of the Consumer
Protection Act, 1986 as: “any person who buys any goods for
consideration or hires/avails any services for consideration which has
been paid or promised, or partly paid or partly promised, or under any
system of deferred payment. The term includes any other beneficiary of
such services with the approval of the first mentioned person. But a
consumer does not include a person who avails of such services for any
commercial purpose”.

Need for Consumer Protection

1. Consumer is the purpose of business: The basic purpose of
business is to create and satisfy consumers. In the modern concept of
marketing consumer is treated as the king. They are the foundation of
business and the reason for its existence.
2. Business is a means of human welfare: Business exists to serve
humans and is not an end in itself. Its existence depends if the consumer
is served well, only then can it survive and grow.
3. Multiple objectives: Profit making cannot be the sole objective of
business. Since business is a part of the society it is expected to take
care of interests of all the sections of the society.
4. Responsibility with power: Business exercises considerable power
and influence over society. It creates and moulds food, dress habits and
life styles. It is the responsibility of the business to use its power in the
interest of the society.
5. Theory of trusteeship: According to Mahatma Gandhi, businessmen
are trustees of the society’s wealth. They should use this wealth for the
benefit of the people. The consumer is not dependent on business rather
he is the purpose of business. He is not an outside but a part of the
business.
6. Business ethics: Leading business houses all over the world have
been founded on ethical values and have followed high standards of
ethics. Business without moral values cannot be tolerated in the society
hence consumer protection is an ethical obligation.
7. Self-interest: The business must provide quality goods and become
consumer oriented to survive competition locally and internationally.
The government has framed laws, the violation of which will reflect
badly on business.
 Rights of Consumers
1. The Right to Safety: This is the right to be protected against the
marketing difficulty due to any reason. Consumers must have assurance
regarding quality, reliability and performance. There are so many
common household items now available to consumers that contain
potentially harmful substances. For example, artificial colours in food
products can damage the liver. With the advancement of science and
technology. Consumer products have become highly complex and
intricate. Therefore, responsibility for their safety should be fixed on
producers and distributors.
2. Right to be informed: The consumer has the right to be informed
about the quality, quantity, potency, purity, standard and price of the
goods he intends to purchase. It is the responsibility of the manufacturer
and distributor to give complete information about (a) the product
including its ingredients, date of manufacture, technical specifications,
etc. (b) the precautions, if any, to be taken in the use and maintenance of
the product, (c) strength, durability, serviceability and reuse value of the
product, (d) the side effects and risks in the use of the product, etc. Such
information would enable the consumer to intelligently exercise his
decisions to buy a product. The right to information is meant to protect
the consumer from deceptive advertising, misleading labelling and
warranties, etc.
3. The Right to Choose: The consumer competitive prices. This means
should be assured access to a variety of goods the seller should not use
aggressive selling techniques to sell the product to the consumer. There
should be freedom to choose. This requires free competition in the
market. If enough varieties of products at competitive from alternative
products. Prices are available in the market and consumers have the
opportunity to make a free choice.
4. The Right to be heard: The consumer has a right to register his
dissatisfaction and get his complaint heard at appropriate forums. This
right includes the right to make protest and to representation in the
government and in other policy making bodies. The above three rights
are meaningless without the right to be heard. Therefore, grievances and
claims of consumers must be heard and considered.
5. The Right to Seek Redressal: It means the right to get claims and
complaints settled against manufacturers or sellers due to unfair trade
practices and exploitation by them. The consumer has been granted the
right of redress if the performance, quality, etc., of a product is
unsatisfactory. The product must be repaired, replaced or taken back by
the seller. The right to seek Redressal will reduce post-purchase doubts
and grievances of consumers.
6. The Right to Consumer Education: The consumer must be made
aware of his rights and the remedies available to him. This will help to
make consumers conscious and protect themselves against frauds by
businessmen. An ignorant consumer cannot escape cheating and may
not come forward to seek Redressal against malpractices by sellers.
7. The Right to Healthy Environment: Consumers have the right to be
protected against environmental pollution so as to improve the quality
of life. This right includes protection against degradation of
environment. Non-renewable resources of the country need to be
conserved for future generations.
 Duties of a Consumer
1. Exercise the rights: Consumer must be aware of their own rights.
They must exercise these rights while purchasing products and services
from the market.
2. Ask for full information: Before buying a product or a service,
consumers must ask for full information about the quality, utility, price.
This will ensure right purchase decision.
3. Be quality conscious: Consumers must look for quality certification
marks like ISI, Agmark, FPO, etc. while making purchases. This will
help reduce the problem of adulteration and spurious products
4. Insist on cash memo: A seller is bound to give cash memo.
Consumers need cash memo as a proof of purchase for claiming
compensation against defective products. Also, with the help of cash
memo we can ensure that the government does not lose sales tax
revenue.
5. Don’t get carried away by advertisements: Advertisements often
exaggerate the utility of goods and services. Therefore, they should
compare the uses of substitute products.
6. File complaints: When a consumer ignores the exploitation by
traders, he is encouraging them to exploit further. The consumer should
file a complaint for redressal of grievances.
 3 – TIER JUDICIARY
The redressal mechanism under consumer protection act 1986-
1. DISTRICT COMMISSION
1. It is established by state government in each district
2. Consists of a chairman and two members appointed by the state
government
3. It can receive complaints where the value of goods and services and
compensation claimed is not more than ₹ 25 lakhs.
4. On receiving the complaint, the District forum shall refer the
complaint to the opposite party and send the sample of goods for
testing.
5. The district forum after bring satisfied that the goods are defective or
there was unfair trade practice, it can issue an order to resolve the defect
or replace the goods or return the price paid or pay compensation for
loss / injury
6. An appeal can be filed against the order of District forum with the
State commission within 30 days.

2. STATE COMMISSION
1. Setup by the State government in each state
2. Consists of a president who is or has been a judge of a high court and
two other members. All three appointed by the state government
3. It can receive complaints where the value of goods and services and
compensation claimed is more than ₹ 20 lakhs but less than 100 lakhs.
Also appeals of district forum can also be filed with State commission
4. On receiving the complaint, the State commission shall refer the
complaint to the opposite party and send the sample of goods for
testing.
5. The State commission after bring satisfied that the goods are
defective or there was unfair trade practice, it can issue an order to
resolve the defect or replace the goods or return the price paid or pay
compensation for loss / injury.
6. An appeal can be filed against the order of State commission with the
State commission within 30 days.

3. NATIONAL COMMISSION
1. It is established by the Central Government
2. It consists of a president who is or has been a judge of the Supreme
court and four other members appointed by the Central government
3. It can receive complaints where the value of goods and services and
compensation claimed is more than ₹100 lakhs. Also appeals of State
commission can also be filed with National commission
4. On receiving the complaint, the National commission shall refer the
complaint to the opposite party and send the sample of goods for
testing.
5. The National commission after bring satisfied that the goods are
defective or there was unfair trade practice, it can issue an order to
resolve the defect or replace the goods or return the price paid or pay
compensation for loss / injury
6. An appeal can be filed against the order of National commission with
the Supreme Court within 30 days.
 PROCEDURE TO FILE A COMPLAINT
STEP 1: At first the Consumer has to take into consideration both the
territorial and pecuniary jurisdiction of the tribunal in mind before filing
his complaint and has to choose the correct forum. A complaint shall be
instituted in a District Forum or State Commission or National within
the local limits of whose jurisdiction:
a) the opposite party resides or carries on business or has a branch office
or personally works for gain
OR
b) If there are more than one opposite party, then any one of the
opposite parties resides, or carries on business or has a branch office, or
personally works for gain, provided that in such case the permission of
either District Forum, State Commission or National Commission as the
case may be must be obtained.
Submission of Complaint: Complaint can be submitted in the form
Writing or through Online.
Registration of Online Complaint
• Aggrieved Party can register complaints on
https://consumerhelpline.gov.in/ .
• Complaints can be registered by filling essentials details like name,
email, contact number & password.
• Complainant will receive login credentials though which he can
register a complaint by uploading required documents.
• There are different portals available for different sectors.
• A consumer can also register complaints through Mobile Apps namely
the NCH app, Umang App or Consumer App.
• Post-registration of the complaint, complainant will be provided with a
unique identification number through which he can determine the status
of the complaint.
• Fees for the complaint can be submitted through online payment
portal.
STEP 2: The consumer will be required to pay a prescribed fee along
with their complaint before the District Forum, State Commission & the
National Commission as the case may be.
STEP 3: Then one has to draft a complaint stating facts necessary to
establish a cause of action.
Contents of the Complaint
• Name and complete details of complainant and opposite party.
• Date and time of purchase of goods/ availing of services.
• Necessary Facts of the case establishing the cause of action.
• Particulars of dispute: Defect in goods/ deficiency in service.
• Relief sought
• Copies of the documents supporting the contention of the complainant.
(Invoice, Warranty receipt, etc)
STEP 4: At the end of the complaint the consumer has to put his
signature. In case any other person is authorised to file the complaint
then the complaint has to be accompanied with an authorization letter.
STEP 5: The consumer should not forget to mention the name,
description and address of the complainant and the name, description,
address of the opposite party or parties against whom relief is claimed.
STEP 6: Copies of all the documents supporting their allegations. In
this they can put on record the copy of the bill of the goods bought,
warranty and guarantee documents and also a copy of the written
complaint and notice made to the trader requesting him to rectify the
product.
STEP 7: The consumer can also ask for compensation costs which
should be specifically alleged in the complaint. Besides compensation, a
the consumer can also ask for the refunds, damages cost. They must
give the breakup of amount claimed under different heads.
STEP 8: One should explain in complaint as to how the case falls
within the jurisdiction of this forum.
STEP 9: Complaint must clearly state as to what relief is sought against
the opposite party.
STEP 10: The Act provides for limitation period of two years from the
date of cause of action. In case there is delay in filing the complaint, the
consumer must explain the delay which can be can be condoned by the
Tribunal.
STEP 11: He is also required to file an affidavit along with the
complaint that facts stated in the complaint are true and correct.
STEP 12: The complainant can present the complaint in person or by
his/her authorised representative without engaging any advocate. A
complaint can be sent by registered post. A minimum of 5 copies of the
complaint is to be filed in the forum. Besides this they have to file
additional copies for each opposite party.
 CONSUMER PROTECTION ACT, 2019
The Consumer Protection Bill, 2019 has been passed by the Lok Sabha
on Jul 30, 2019, and Rajya Sabha passed on Aug 06, 2019. This bill was
introduced in the parliament by the Minister of Consumer Affairs, Food
and Public Distribution, Mr. Ram Vilas Paswan. The new Consumer
Protection Act, 2019 came into force on 20th July 2020 and it will
empower consumers and help them in protecting their rights through its
various notified rules and provisions. Consumer Protection Act, 2019 is
a law to protect the interests of the consumers. This act was inevitable to
resolve a large number of pending consumer complaints in consumer
courts across the country. It has ways and means to solve the consumer
grievances speedily. The basic aim of the Consumer Protection Act,
2019 to save the rights of the consumers by establishing authorities for
timely and effective administration and settlement of consumers’
disputes.
Establishment of the CCPA
The CCPA will protect, promote and enforce the rights of consumers.
The CCPA will regulate cases related to unfair trade practices,
misleading advertisements and violation of consumer rights.
It is empowered to:
i) Conduct investigations into violations of consumer rights and institute
complaints/prosecution.
ii) Order recall of unsafe goods and services.
iii) Order discontinuance of unfair trade practices and misleading
advertisements.
iv)Impose penalties on manufacturers/endorsers/publishers of
misleading advertisements.

Difference between Consumer Protection Act,1986 and Consumer

Protection Act, 2019

S.N Consumer Consumer

Basis
o. Protection Act, 1986 Protection Act, 2019

All goods and

services, including
telecom and housing
All goods and
construction, and all
services for
Ambit of modes of transactions
1 consideration, while
law (online, teleshopping,
free and personal
etc.) for
services are excluded
consideration. Free
and personal services
are excluded

2 Unfair Includes six types of The new Act adds

 three types of
practices to the list,
trade namely: failure to
practices issue a bill or receipt;
(Defined refusal to accept a
as good returned within
deceptive 30 days; and
such practices, like
practices disclosure of personal
false representation,
to information given in
misleading
promote confidence, unless
advertisements
the sale, required by law or in
use or public interest.
supply of Contests/ lotteries
a good or may be notified as not
service) falling under the
ambit of unfair trade
practices.  

Claim for product

liability can be made
against manufacturer,
service provider, and
Product
3 No Provision seller. Compensation
liability
can be obtained by
proving one of the
several specified
conditions in the Act.

Defined as contracts
that cause significant
Unfair change in consumer
4 No Provision
contracts rights. Lists six
contract terms which
may be held as unfair.

5 Central CPCs promote and The new Act makes

 CPCs advisory bodies
protect the rights of for promotion and
Protectio
consumers. They are protection of
n
established at the consumer rights.
Councils
district, state, and Establishes CPCs at
(CPCs)
national level. the District, State and
National Level.

Establishes the
Central Consumer
Protection Authority
(CCPA) to promote,
protect, and enforce
the rights of
consumers as a class.
CCPA may: issue
6 Regulator No Provision safety notices;  pass
orders to recall goods,
prevent unfair
practices, and
reimburse purchase
price paid; and
impose penalties for
false and misleading
advertisements.  

Pecuniar District: Up to Rs 20 District: Up to Rs

y lakh; State: Between one crore; State:
jurisdicti Rs 20 lakh and up to Between Rs one crore
7
on of Rs one and up to Rs 10
Commissi crore; National:  crore; National: 
ons Above Rs one crore. above Rs 10 crore.

8 Composit District: Headed by District:  Headed by

ion of current or former a president and at
Commissi District Judge and least two
 two members. State: 
Headed by a current members. State: 
or former High Court Headed by a president
Judge and at least two and at least four
ons members. National:  members. National: 
Headed by a current Headed by a president
or former Supreme and at least four
Court Judge and at members
least four members.

Selection Committee
No provision for
(comprising a judicial
Selection Committee. 
Appoint member and other
9 Central Government
ment officials) will
will appoint through
recommend members
notification.  
on the Commissions.

Alternate Mediation cells will

dispute be attached to the
10 redressal No Provision District, State, and
mechanis National
m Commissions

If a person does not  If a person does not

comply with orders of comply with orders of
the Commissions, he the Commissions, he
may face may face
11 Penalties imprisonment imprisonment up to
between one month three years, or a fine
and three years or fine not less than Rs
between Rs 2,000 to 25,000 extendable to
Rs 10,000, or both. Rs one lakh, or both.  

12 E- No Provision Defines direct selling,

commerc e-commerce and
e electronic service
provider. The central
government may
prescribe rules for
preventing unfair
trade practices in e-
commerce and direct
selling.
CASE STUDIES RELATING TO CONSUMER
EXPLOITATION

1.Karnataka Power Transmission Corporation (KPTC) v

Ashok Iron Works Private Limited
How the factual matter of the case arose

The case dates back to the last century, when in 1991, Ashok Iron Works, a
private company that manufactures iron applied for obtaining electricity from
the state’s power generation company – the Karnataka Power Transmission
Corporation (hereinafter KTPC) for commencing its iron production.
However, despite paying charges and obtaining confirmation for the supply of
1500 KVA energy in February 1991, the actual supply did not begin until ten
months later, in November 1991. This delay led to incurring of losses by the
private company. This prompted a complaint to the Belgaum Consumer
Dispute Forum and later Karnataka High Court, under the Consumer
Protection Act 1986 for the delay in supply of electricity.

Legal Arguments by KPTC

 Commercial supply not covered under the act – The major argument
relied on by the power generation company KTPC was that the complaint
was not maintainable since the Consumer Protection Act 1986 excludes
commercial supply of goods. The applicant company was engaged in
manufacturing of iron, and hence, intended to use the electricity for
commercial consumption, which is excluded under the act.
 A private company is not a consumer – The other argument by KTPC
was that the complaint is not maintainable because the complainant is not
a `person’ under Section 2(1)(m) of the Act, 1986. This section defines
who can be included as a consumer, and because it didn’t contain “a
 company incorporated under Companies Act” – the applicant company is
not a consumer.

Supreme Court Ruling in the case

 “Includes – is an inclusive definition” – Supreme Court relied on the

ruling in Dilworth v. Commissioner of Stamps, where Lord Watson said
that the word “include” is very generally used in interpretation clauses in
order to enlarge the meaning of words or phrases occurring in the body of
the statute; It may be equivalent to “mean and include”. The court also
relied on other acts such as the General Clauses Act that includes a
private company within the purview of the definition of a “person”.
Hence, Ashok Iron Works Private Company was held to be a person.
 Supply doesn’t mean sale – The Supreme Court relied on another case –
Southern Petrochemical Industries, where it was held that supply is not
equivalent to a sale. Therefore, the supply of electricity by the KPTC to a
consumer would be covered under Section 2(1)(o) being `service’ and if
the supply of electrical energy to a consumer is not provided in
time as is agreed upon, then under Section (2)(1)(g), there may be a
case for deficiency in service. Thus, the clause stating “supply” of
goods for commercial purpose would not apply.

Thus, the court allowed the complaint on the two grounds that the
applicant – Ashok Iron Works Private Limited, can sue as a person,
and that supply of electricity, if found deficient can be a fit ground for
claiming compensation. The Supreme Court sent the case back to
District Forum for retrial on these grounds.
2.Sehgal School of Competition v Dalbir Singh
The factual background of the case 
In this landmark judgement concerning educational institutions that
dates back to the year 2005, a student was asked to deposit lump sum
fees of ₹18,734 as fees for coaching for medical entrance examinations
for the next two years. This was deposited by the student in two
complete instalments within the first six months of classes. However,
the student realised later that the quality of the coaching institute was
substandard, and therefore sought a refund for the remaining period,
which was refused by the coaching institute. 

Questions before the court

 Can a student seek a refund of fees paid to a coaching class for
the remaining period of classes that are yet to be held? 
 In case of a refusal to refund fee, can a claim for mental agony
for pressing legal charges to be sought? 

The reasoning of the Commission – Upholding student’s right to be

refunded for remaining classes
 Clauses prohibiting refund of fees are unfair – The
Commission notes that educational institutes or coaching centre
that charge a lump sum fees for the whole duration or should
refund the fees if service is deficient in the quality of coaching
etc. Any clause saying that fees once paid shall not be refunded
is unconscionable and unfair and therefore not enforceable. This
view was maintained by District and State Forums as well as in
appeal by the National Commission. 
 Quashing respondent’s argument on the reservation of seat –
The respondent coaching centre argued before the commission
that the student had withdrawn voluntarily and, therefore, there
exists no deficiency of service. They submitted records that
showed good results of the institute and alleged that it was wrong
to observe that their coaching was not up to the mark. To justify
taking the entire fees of two years lump sum, it was stated that
 the conditions imposed by the coaching required non-
transferability of the seat, and therefore no refund of the fee was
possible under any circumstance. The court dismissed this
argument and further quoted UGC guidelines that mention that
even if a student has not attended even a single class, an amount
of ₹1000 may be deducted and proportionate charges for hostel
fees, etc, and the balance amount has to be refunded in its
entirety. On blocking of the seat, the Commission advised that a
reserve list of candidates may be maintained, and waitlisted
candidates may be given the opportunity to apply for the seat. 
 Additional compensation – In the order by State Consumer
Forum, it was mentioned that not just the balance amount of fee,
but also a higher compensation for legal costs as well as the pain
that the student had to undertake, could be availed in such cases. 
3.Sapient Corporation Employees Provident Fund Trust
v HDFC & Org.
Factual Background of the case
This case arises as a result of a complaint of an alleged wrongful debit
from a bank account. The complainant trust – Sapient Corporation
Employees Provident Fund Trust maintained an account with the
respondent HDFC Bank. The bank received instructions from the
Employee Provident Fund Organisation (EPFO) that mentioned order of
payment of ₹1.47 crores against the trust, and that no other payments
from the trust’s account be made until EPFO’s liability is settled by the
trust. The trust, however, issued an instruction to the bank not to debit
any amount until further communication as they wanted to seek a stay
order. However, in payment of the statutory due to EPFO, the bank,
after giving due time, debit the account with an amount of ₹1.47 crores.
The trust has challenged this as a deficiency in service and demanded
the amount debited along with interest, damages, and legal expenses.

Essential Question before the National Commission

 Whether the bank committed any default by paying an amount

payable as a statutory due decided by a judicial order?
 Can a bank be held guilty for deficiency in service for paying a
rightful due?
Court – No deficiency in service for releasing an amount due on court
order

No negligence or deficiency in service by HDFC Bank – The

Commission dismissed the argument of the complainant that without
any authority or mandate, debiting the amount due to EPFO of ₹1.4
crores is a deficiency in service. An action in compliance with the
direction of a statutory authority such as EPFO cannot be said to be
wilful negligence or deficiency in service. The bank also informed the
trust, as its customer, and gave them due time. Hence, the action is legal
and proper.
Frivolous consumer cases are to be penalized – As per Section 26 of
the Consumer Act, any consumer fora under the act has the power to
dismiss a complaint made frivolously or one that is vexatious or
unnecessary. Further, the court notices that the trust has already won the
appeal from EPFO orders at the Appellate stage, whereby they would
receive the entire amount with interest. Therefore, the case is without
any merit and no remedy is made. For this false litigation, the court
imposed a penalty of ₹25,000 on the complainant trust that would be
paid to the HDFC Bank.
4.(Dr.)  Arvind Shah vs Kamlaben Kushwaha
The factual background of the case
The case arises as a result of the death of complainant Kamlaben
Kushwaha’s 20-year-old son due to medical negligence by the petitioner
doctor. The mother alleged that the medicines prescribed had no relation
to the ailment – malaria, whereas the actual cause of death was said to
be pulmonary oedema. The doctor alleged that he did not diagnose the
deceased for malaria, as pathological tests are necessary to establish that
conclusively, and no such report was made available to him.  While the
State Commission found the doctor guilty of medical negligence and
awarded a compensation of 5 lac rupees with interest at 9%, the case
was appealed by the doctor in the National Commission.

Basic question that the National Commission sought to answer –

– If and in what circumstance can a doctor be held guilty of medical
negligence

– Appropriate compensation for a case of medical negligence

Reasoning and Decision of the National Commission  – Failure to

write a prescription gives rise to guilt under medical negligence
 The National Commission places reliance on the codes, ethics
and practices of the medical professionals regulatory bodies and
notes that every doctor while treating a patient, even outpatients,
is under a responsibility to record basic health parameters such
as blood pressure, temperature, pulse rate etc. This is provided
under guidelines of the Medical Council of India as well.
 This record must also include brief summary of the symptoms,
past illnesses. This is a primary duty of disclosure owed by the
physician to the patient. Thus, failure to record such details
constitutes medical negligence.
 The national commission also highlighted that the doctor is
guilty for deficiency in service, due to his failure to record the
patient’s conditions and issue a medical prescription.
 The national commission also notes the denial of the doctor of
having written the prescription served as evidence in the first
place, but later accepts treating the patient. This conduct, in the
language of the commission, does not reflect professional
conduct worthy of a medical practitioner.
 Considering the socio-economic conditions in India, it is
necessary to nurture doctor-patient relationships based on trust.
Having a ready prescription also helps the patient consult another
doctor, in case the initially prescribed line of curative medicine
does not work. Similarly, it helps the medical practitioner
establish that due care was taken according to prescribed
standards in the field of medicine.
 The Commission noted that while the doctor is indisputably held
guilty of medical negligence by not issuing a proper prescription,
there is no material available on record to conclusively establish
the negligence of the doctor with the cause of death. The
medicines prescribed were not related to the established cause of
death – pulmonary oedema. As a result, the amount of damages
ordered by the State Commission were reduced by the National
Commission to Rs. 2.5 lacs.
5. Jocelyne Sharma vs Myntra (hypothetical)
Jocelyne wanted to purchase eight identical dresses for a dance
performance. She visited the company's website and placed the order for
a particular model after looking at the pictures on the website. She paid
Rs. 40,000 for the eight dresses. However, when the dresses were
delivered, she found out that the colour and cutting of the dresses
differed significantly as compared to the photos on the website. She
requested to return the dresses for a refund.

The Court highlighted to the company that Jocelyne had the right to ask
for compensation under the Consumer Protection Law if the goods
delivered did not conform to contract. The dresses were returned and
Jocelyne received a full refund.
 Conclusion
I am pleased to have had the opportunity to work on this project.
Researching further into consumer protection, gives me a deeper insight
of the rights and duties of a consumer and the implementation of the
same. A prominent conclusion to this project would definitely be the
insightful knowledge I got about consumer protection through the
intensive case studies. Once again, I highly appreciate and consider
myself grateful to be assigned a project on this specific topic, pushing
me to learn more about Consumer Protection.
 Bibliography
 vakilsearch.com
 blog.lawskills.in