CONSUMER PROTECTION ACT, 1986

1. No appeal by a
person, who is
to pay any amount in terms of an
required 4. Any amount due from a person under
an order made by a Consumer Forum,
order of the State Commission, shall
under the Consumer Protection Act,
be entertained by National Consumer
Disputes Redressal Commission unless 1986, can be recovered by:
(a) Collector of the district in the same
the appellant has deposited in the
manner as arrears of land revenue
preseribed manner.
(a) Fifty percent of the amount or (b) The Consumer Forum by an order
rupees of attachment of property
thirty-five thousand, whichever is (c) Collector of the district by an order
less
f attachment of
(b) Fifty percent of the amount or "pees property
(d) The Consumer Forum in the same
twenty-five thousand, w 1S
less manner as arrears of land revenue
Ans. (a) [DU LLM Entrance 2015]
(c) Fifty percent of the am or
5. The Supreme Court brought services
rupees fifty thousarnd, whiciiever is
less provided by medical protessionals
(d) None of the above. within the ambit of Consumer
Protection Act, 1986 in the case of:
Ans. (b) RJS 2010]
2. Under the Consumer Protection Act,
(a) Spring Meadous Hospital v. Harjol
Ahluwalia
1986, 'Complaint' means an allegation
(b) Indian Medical Association v. V.P.
of:
Shantha
i) an unfair trade practice or a restrictive
(c) Vishakha v. State of Rajasthan
trade practice
(d) P. Narasimha Rao v. G. Jayaprakasu
i) defective goods
Ans. (b) [DU LLM Entrance 2014, 2015]
(ii) deficiency in service
6. Under the Consumer Protection Act,
(iv) charging a price in excess of the
1986, a complaint has to be filed in
price agreed Consumer Forum within
Select the correct answer:
(a) (i) and (iv) (a) 3 months from the date on which
the cause of action has arisen.
(b) (i), (i) and (i) which
(b) 6 months from the date on
c) (i) and (iii) the cause of action has arisen.
(d) ), (ii), (ii) and (iv) 1 year from the date which the
Ans. (d) D U LLM Entrance 2015]
(c) on
cause of action has arisen.
3. Who among the following cannot be from the date on which the
a complainant under the Consumer
(d) 2 years
cause of action has arisen.
Protection Act, 1986? DU LLM Entrance 2014]
Ans. (d)
(a) a consumer order made
7. An appeal against an
(6) customer's friend
by the National Consumer Disputes
(c) any voluntary consumer organisation Redressal Commission lies to:
(d) Central Government or any State (a) The High Court
Government
(b) The Supreme Court
Ans. (b) IDU LLM Entrance 2015|

389
Consumer Protection Act, 1986 390 Sinohal Lme Publications

(c) The National Consumer Disputes What are the chances of his success?
Redressal Tribunal (a) Johns will not succeed as the
(d) No appeal can be filed boarding facility provided by the
Restaurant was free and will not
Ans. (b) DU LLM Entrance 2014]
fall under the definition of service
8. Under the Consumer Protection Act,
within the purview of the Consumer
1986, "service" include service of any
Protection Act, 1986.
description which is made available to
a potential user: (b) Johns will succeed because the
boarding facility was provided by
(a) Under contract of personal service the Restaurant only to its customers
(b) Under a contract for personal service and hence will be falling within the
(c) Free of charge ambit of service under the Act.
(d) All of the above (c) Johns will not succeed as admittedly
Ans. (b) (DU LLM Entrance 2014] he slept and hence there was
no deficiency in service by the
9. Which of the following disputes cannot
be raised before the Consumer Forum? Restaurant.
(d) Johns in getting relief
success
(a) A dispute relating to service
will depend upon his ability to
conditions or retrial benefits of a
government servant. prove some loss or damage due
to the negligence of the boarding
(b) A dispute relating to service provided
administrators.
by the medical professional. [DU LLM Entrance 2010]
Ans. (b)
(c) A dispute relating to banking 11. Principle: A manufacturer is liable to
service.
pay compensation to a consumer for
(d) A dispute relating to insurance
any harm or damage caused due to a
services. defect in the product.
Ans. (a) [DU LLM Entrance 2014, 2015] Factual Situation: X purchased a banian
10. Principle: A service provider is liable from Y & Co. Before rushing for an
to his consumer for any deficiency in interview he wore the new banian. When
service under the Consumer Protection he was called in for the interview his
Act, 1986. entire body was itching. Throughout the
Facts: Mr. Frank is running a Restaurant interview he was embarrassed as he was
on the Mumbai-Goa Highway. Johns, a repeatedly scratching his body. After the
interview he rushed to a dermatologist,
foreign tourist on his way from Karnataka who diagnosed it as dermatitis due to
to Mumbai stopped at Mr. Frank's
Restaurant for dinner. The Restaurant the presence of some chemical present
was providing boarding facilities to its in the banian. The Doctor brought to his
attention a warning strip in the banian
customers free of charges. After dinner,
"Wash before use". He obviously lost
Johns decided to sleep for a while before behaviour
resuming his journey. Johns slept due to the due to his
job clumsy
exhaustion, but his sleep was disturbed at the interview. X sues Y & Co. for
because of the persistent attacks by bed compensation.
bugs. Further, rashes also developed (a) Y & Co. will be liable because the
on his skin due to the bug bites. Johns manufacturer is answerable to a
moves the Consumer Forum for relief. consumer for any defect in the
product.
Consumer Protection Act, 1986 391 Singhal Law Publications
(b) Y & Co. is not liable as they had (c) (A), (B) and (C)
given specific instructions to (d) (B) and (C)
"wash before use" and it was the
Ans. (d) [AILET 2016]
responsibility of the consumer to
comply with the same. MISCELLANEOUS
(c) Y & Co. will not be liable but the 13. Spurious goods under the provisions
retailer should have reminded the of the Consumer Protection Act, 1988
customer to wash the banian before imply
use. (a) such goods and services which are

(d) Y & Co. will be liable for using extra of poor quality
sensitive chemicals in such under (b) such goods and services which are

garments claimed to be genuine but they are

Ans. (b) DU LLM Entrance 2009] actually not so
12. State which of the following statements (c) such goods and services which
is correct about the Consumer Protection might be stolen in nature
Act, 1986? (d) such goods and services which are

in not usable in nature

(A) The provisions of the act are
Ans. (b) [All India Bar 2016]
addition to any other law in force
(B) The Act is special legislation with 14. By which Amendment to the Consumer
Protection Act, 1986 the services availed
respect to consumer disputes
in of by a person for any commercial
(C) The provisions of the Act are
was excluded from the
addition to and are not in derogation purpose
definition of Consumer?
of any other law in force
(a) By 1993 Amendment
(D) The provisions of the act bar 2002 Amendment
jurisdiction of other courts
b) By
Codes:
(c) By 2010 Amendment
(d) It is not excluded
(a) (A), (B) and (D) Entrance 2016]
Ans. (b) DU LLM
(b) (B) and (D)