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Question : 27
Total: 44
State any eight reliefs available to the consumer, if the court is satisfied about the genuineness of the complaint.
Solution:
The reliefs available to the consumer, if the court is satisfied about the genuineness of the complaint as per Consumer Protection Act, 1986 are as follows:
(i) Removal of defects in products: The Act aims at removing the defects in the products by verifying and conducting tests or analysis.
(ii) Replacement: The Act can make sellers replace the goods with new goods of similar description which is free from any defect.
(iii) Refunds: In case the replacement is not possible, the Act makes provisions for return or refund the price completely to the complainant.
(iv) Pay adequate costs: The seller should pay adequate amount to the person concerned.
(v) Discontinue unfair practices: The Act has remedial measures for discontinuing unfair trade or restrictive trade practices by exposing them to the public.
(vi) Provide compensation: It also makes provisions to pay such amount as compensation for damage or loss or injury suffered by the consumer due to negligence of the opposite party.
(vii)Restriction on hazardous goods: It restricts businesses to not offer hazardous goods for sale by setting compliances to laws and regulations and insisting on conducting tests at the producers' end.
(viii) Withdrawal of hazardous goods: It makes businesses to withdraw hazardous goods from being offered for sale by:
1. Ceasing production of hazardous goods or to desist from services which are hazardous in nature.
2. Making them pay a minimum of5 % value of goods sold or an amount determined from loss or injury suffered by a large number of consumers who are not identifiable conveniently.
3. Issuing advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party.
4. Providing for adequate costs to parties.
(i) Removal of defects in products: The Act aims at removing the defects in the products by verifying and conducting tests or analysis.
(ii) Replacement: The Act can make sellers replace the goods with new goods of similar description which is free from any defect.
(iii) Refunds: In case the replacement is not possible, the Act makes provisions for return or refund the price completely to the complainant.
(iv) Pay adequate costs: The seller should pay adequate amount to the person concerned.
(v) Discontinue unfair practices: The Act has remedial measures for discontinuing unfair trade or restrictive trade practices by exposing them to the public.
(vi) Provide compensation: It also makes provisions to pay such amount as compensation for damage or loss or injury suffered by the consumer due to negligence of the opposite party.
(vii)Restriction on hazardous goods: It restricts businesses to not offer hazardous goods for sale by setting compliances to laws and regulations and insisting on conducting tests at the producers' end.
(viii) Withdrawal of hazardous goods: It makes businesses to withdraw hazardous goods from being offered for sale by:
1. Ceasing production of hazardous goods or to desist from services which are hazardous in nature.
2. Making them pay a minimum of
3. Issuing advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party.
4. Providing for adequate costs to parties.
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