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Comprehension
Consumers are people who buy and use goods or services. Consumers have a right to file a complaint for any of the services or goods used by them under Consumer Protection Law. Under Consumer Protection Law, a ‘consumer’ means:
Person buying and using goods and services: A consumer includes any person who buys goods and services, as well as anyone who uses them. For instance, a person who watches a movie after buying a movie ticket is a consumer and similarly, a person who uses a gift voucher gifted from someone else is also a consumer.
Person using goods for self-employment, and not for commercial purposes: The consumer protection law does not apply to people who use goods and services for commercial purposes. However, there are some exceptions to this. For example, people who use goods for self-employment are considered as consumers. For example, artists who buy art supplies for their work or beauticians who buy beauty products are consumers.
Person using online facilities: A consumer also includes any person who buys or hires goods or services online. For example, if you order from an online clothes website, you are a consumer.
People facing issues related to food: Consumers also include people who may be facing issues related to food items, such as adulteration, poor quality, lack of service, etc. For instance, issues related to food can cover problems across a wide range of products, starting from water that goes into the production of items like juices as well as the sale of animals like chicken, mutton etc. that are expressly intended for human consumption.
[Extracted, with edits and revisions, from “Who is a Consumer?”, Nyaaya India]
Person buying and using goods and services: A consumer includes any person who buys goods and services, as well as anyone who uses them. For instance, a person who watches a movie after buying a movie ticket is a consumer and similarly, a person who uses a gift voucher gifted from someone else is also a consumer.
Person using goods for self-employment, and not for commercial purposes: The consumer protection law does not apply to people who use goods and services for commercial purposes. However, there are some exceptions to this. For example, people who use goods for self-employment are considered as consumers. For example, artists who buy art supplies for their work or beauticians who buy beauty products are consumers.
Person using online facilities: A consumer also includes any person who buys or hires goods or services online. For example, if you order from an online clothes website, you are a consumer.
People facing issues related to food: Consumers also include people who may be facing issues related to food items, such as adulteration, poor quality, lack of service, etc. For instance, issues related to food can cover problems across a wide range of products, starting from water that goes into the production of items like juices as well as the sale of animals like chicken, mutton etc. that are expressly intended for human consumption.
[Extracted, with edits and revisions, from “Who is a Consumer?”, Nyaaya India]
Question: 1
Clint Leone Morricone Ltd. (“CLML”) is a factory manufacturing bicycles. For the purpose of documentation and record keeping, it purchased a laptop from Pacer. However, within a month of the purchase, the laptop crashed and there was a motherboard failure. Despite a warranty, Pacer failed to replace the motherboard. Which of the following statements is correct?
Clint Leone Morricone Ltd. (“CLML”) is a factory manufacturing bicycles. For the purpose of documentation and record keeping, it purchased a laptop from Pacer. However, within a month of the purchase, the laptop crashed and there was a motherboard failure. Despite a warranty, Pacer failed to replace the motherboard. Which of the following statements is correct?
Updated On: Jul 9, 2024
- Purchase of electronic items do not fall within the purview of consumer law.
- CLML is a consumer since it has bought a good for a price.
- CLML is not a consumer since it has purchased the laptop for commercial purpose.
- A company is not a person and so, cannot be a consumer.
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The Correct Option is C
Solution and Explanation
The correct option is (C): CLML is not a consumer since it has purchased the laptop for commercial purpose.
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Question: 2
Sita Das has been working as a freelance journalist. She writes columns and news-reports for various newspapers and news-portals and is paid on the basis of each column and report. For the purpose of her writing work, she purchases a Pacer laptop. However, within a month of the purchase, the laptop crashed and there was a motherboard failure. Which of the following statements is correct?
Sita Das has been working as a freelance journalist. She writes columns and news-reports for various newspapers and news-portals and is paid on the basis of each column and report. For the purpose of her writing work, she purchases a Pacer laptop. However, within a month of the purchase, the laptop crashed and there was a motherboard failure. Which of the following statements is correct?
Updated On: Jul 9, 2024
- Since she is using the laptop for the purpose of writing paid columns and news reports, Sita Das cannot be a consumer.
- Purchase of goods does not fall within the purview of Consumer Protection Law.
- Since she is using the laptop for the purpose of earning her livelihood, she will be a consumer.
- None of the above
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The Correct Option is C
Solution and Explanation
The correct option is (C): Since she is using the laptop for the purpose of earning her livelihood, she will be a consumer.
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Question: 3
Kalpavruksha Charitable Trust runs a hospital. The hospital charges a fee from its patients. The fee is however 30% less than the commercial rates for all services and medical devices sold to patients. The hospital purchased a pacemaker from St. Rude’s — a globally reputed manufacturer of pacemakers, to be resold to and used by patients. Which of the following statements is correct?
Kalpavruksha Charitable Trust runs a hospital. The hospital charges a fee from its patients. The fee is however 30% less than the commercial rates for all services and medical devices sold to patients. The hospital purchased a pacemaker from St. Rude’s — a globally reputed manufacturer of pacemakers, to be resold to and used by patients. Which of the following statements is correct?
Updated On: Jul 9, 2024
- The hospital is a charitable hospital and therefore, it is a consumer with respect to the pacemakers purchased from St. Rude’s.
- The hospital resells the pacemakers to patients and therefore cannot be considered as a consumer with respect to the pacemakers purchased from St. Rude’s.
- The hospital resells the pacemakers at a discounted rate and therefore can be considered a consumer with respect to the pacemakers purchased from St. Rude’s.
- Sale of medical devices is not covered by Consumer Protection Law.
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The Correct Option is B
Solution and Explanation
The correct option is (B): The hospital resells the pacemakers to patients and therefore cannot be considered as a consumer with respect to the pacemakers purchased from St. Rude’s.
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Question: 4
Fitzit is an online platform that provides physiotherapy and other ancillary medical services. Amit Ghosh booked a physiotherapist on Fitzit for three months by paying an amount of ₹ 25,000. Fitzit guaranteed the availability of qualified physiotherapists for the duration. However, Fitzit failed to provide a qualified physiotherapist and the persons who were sent for the first two visits had no training or certification in the field. Amit Ghosh seeks to proceed against Fitzit under Consumer Protection Law. Which of the following statements can be correctly inferred?
Fitzit is an online platform that provides physiotherapy and other ancillary medical services. Amit Ghosh booked a physiotherapist on Fitzit for three months by paying an amount of ₹ 25,000. Fitzit guaranteed the availability of qualified physiotherapists for the duration. However, Fitzit failed to provide a qualified physiotherapist and the persons who were sent for the first two visits had no training or certification in the field. Amit Ghosh seeks to proceed against Fitzit under Consumer Protection Law. Which of the following statements can be correctly inferred?
Updated On: Jul 9, 2024
- Since online services are not covered by Consumer Protection Law, Amit Ghosh cannot be considered a consumer.
- Since services are not covered by Consumer Protection Law, Amit Ghosh cannot be considered a consumer
- Since online services are covered by Consumer Protection Law, Amit Ghosh shall be considered a consumer.
- Since medical services are not covered by Consumer Protection Law, Amit Ghosh cannot be considered a consumer.
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The Correct Option is C
Solution and Explanation
The correct option is (C): Since online services are covered by Consumer Protection Law, Amit Ghosh shall be considered a consumer.
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Question: 5
Jitesh Shah purchased from BreatheEasy, a company selling respiratory devices, a nebuliser device for his son, Jignesh Shah, for use for clearing his nasal passages. The nebulizer was however defective and led to severe respiratory distress for Jignesh. Jignesh is considering filing a complaint against BreatheEasy under the Consumer Protection Law. Which of the following statements can be correctly inferred?
Jitesh Shah purchased from BreatheEasy, a company selling respiratory devices, a nebuliser device for his son, Jignesh Shah, for use for clearing his nasal passages. The nebulizer was however defective and led to severe respiratory distress for Jignesh. Jignesh is considering filing a complaint against BreatheEasy under the Consumer Protection Law. Which of the following statements can be correctly inferred?
Updated On: Jul 9, 2024
- Since Jignesh Shah did not purchase the device from BreatheEasy, he cannot be considered a consumer with respect to BreathEasy
- Since Jignesh Shah is a user of the device, he can be considered a consumer
- Sale of medical devices are not covered by Consumer Protection Law.
- None of the above
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The Correct Option is B
Solution and Explanation
The correct option is (B): Since Jignesh Shah is a user of the device, he can be considered a consumer.
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Top Questions on Consumer Protection Act
Questions Asked in CLAT exam
- A survey was conducted about the population of a particular region having working population of three lacs and information was collected about self-employed persons, casual wage workers, regular salaries employees of both urban and rural areas of the region. Self-employment is a key source of income in both rural and urban areas but it is more prevalent in rural areas (56% of the rural population) than in urban areas (40% of the urban population). Rural population was 48% of the total population. Regular salaried workers in urban areas were 48% of the urban population whereas in rural areas, regular salaried workers constituted 12% of the rural population. During the survey, the casual wage workers were found to be more common in rural areas than in urban areas. Casual wage workers in rural areas were 32% of the rural population whereas it was 12% of the urban population in urban areas.
Based on the above information, answer the following questions- CLAT - 2024
- Percentage
- Automobiles are the most preferred mode of transport because they allow us to cover large distance quickly. Resultantly, vehicles have been developed that run on diesel, petrol and even on electricity, which is a remarkable innovative development. During a survey about the percentage wise distribution of cars in four different states, the information regarding ratio between the diesel engine cars, petrol engine cars and electric cars was collected. Total number of cars for which data was collected was 8000. Of these, State 1 had 15% of the total cars in the ratio of 3:4:1 (diesel, petrol and electric); State 2 had 20% of the total cars in the ratio of 5:3:2 (diesel, petrol and electric); State 3 had 30% of the total cars in the ratio of 4:5:3 (diesel, petrol and electric), and; State 4 had 35% of the total cars in the ratio of 7:5:2 (diesel, petrol and electric).
Based on the above information, answer the following questions.- CLAT - 2024
- Percentage
- In a world where aspirations for upward mobility are fervent, the opportunities for achieving such dreams remain limited. When one generation falls short, the mantle of ambition passes to the next, embedding within it a heavy burden of responsibility. Failing to meet these expectations can lead to profound sorrow, and in the direst cases, even to suicide. It’s in this landscape that coaching institutes assume a significant role, cultivating an atmosphere of uncertainty among students and parents. A stark discrepancy emerges between preparation for board examinations and competitive tests, amplifying the inequalities that plague the education system. The coaching industry’s massive marketing campaigns further exacerbate the situation, with some strategies veering into ethical grey areas. The tests themselves, designed to be more challenging than standardised exams, set the stage for feelings of inadequacy and self-doubt when not conquered. Our educational system is tailored to gauge an individual’s merit through examinations. Eminent thinker Michael J Sandel dubs this system the “tyranny of merit”, a sentiment echoed by the Supreme Court of India. Upholding the OBC reservation judgment, the Court called for a deeper evaluation of the “idea of merit”, highlighting its nuanced nature. Merit as a concept remains shrouded in misunderstanding and often goes unexamined within school curriculum. Adapting to new living arrangements, sourcing nourishing meals, battling isolation, and grappling with commutes form the backdrop against, which education unfolds. For marginalised communities and gender minorities, these hurdles are often amplified. Social media algorithms exacerbate mental health concerns, sowing loneliness and impeding attention spans and creativity. Technology emerges as a potential equaliser in this landscape. Online platforms now offer preparation opportunities from the comfort of one’s home. Government-curated or market-driven content could usher in a new era of accessibility.
- CLAT - 2024
- Verbal Reasoning
- Imagine you have just been appointed as a consultant for a manufacturing company that is experiencing a decline in its production efficiency. The company produces a wide range of products, and the management is concerned about the overall output. Your task is to identify the root causes of this decline and recommend solutions.
As you begin your investigation, you gather information and observe the following:
• The company recently introduced a new production system that is more automated but requires highly specialized operators.
• The workforce has reported a lack of motivation and job satisfaction, which has led to increased absenteeism.
• There have been several breakdowns in the new machinery, leading to production delays and quality issues.
• The company’s competitors have adopted similar automation technologies and are experiencing increased productivity.
• Customer complaints about product quality have increased in recent months.- CLAT - 2024
- Verbal Reasoning
- Students have been abuzz over how artificial intelligence tools can do their homework and programmers over how these can increase their productivity or take away their jobs. As much as digitization has transformed the country in recent years, there is a widespread feeling that at some point around the horizon, AI shall rejig everything in even more fundamental, fantastic, and frightening ways. This is why deciding how the coming changes should be regulated is very important. TRAI has made a strong case for an independent statutory authority to ensure the responsible development and use of AI in the country, a global agency along similar lines shall likely be pitched at the G20 leaders’ summit, and interestingly even American MNC Microsoft has floated a blueprint for AI governance in India. The great size and diversity of its “data points” make India of great interest to all developers of AI technologies.
But India is only at their receiving end, nowhere close to the US and China’s advances. Although lately, it is becoming obvious how much state censorship is encumbering China’s large language modeling, the country is still very much in the game with PhDs in fields related to AI, investments in AI chip hardware design, and domestic generative models like Wu Dao. The scientific accomplishments of India’s Chandrayaan mission have seen it being wooed for various international space collaborations. This promises spinoff technological benefits across Indian industry and is also geo-strategically useful. Likewise, it is only with sufficient AI prowess that India shall really get to play at the high table of global rulemaking for AI.
Knowing how much Indians’ future shall be shaped by generative AI needs matching efforts to create indigenous models. In this and at this stage, a proactive government role is key, rather than just waiting on some large corporation to do the needful. Missing this bus will after all be even more costly than missing the chip research one. Plus, GOI alone can push academia-industry collaborations with the necessary weight and urgency. This does not let other institutions off the hook. A US judge has rejected the copyright for an AI-generated artwork. Indian courts should start engaging with the broader issue of non-human agency rather than wait for precedence to be set elsewhere. Indian schools need to think beyond the ban-ChatGPT mindset. Let us lead instead of only being led.
[Extracted from “First, get the tech: Unless India develops domestic AI heft, it wouldn’t play any meaningful part in global regulatory efforts”, Times of India]- CLAT - 2024
- Verbal Reasoning
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