Month: September 2023

  • Concept of Social Groups in Sociology

    Concept of Social Groups in Sociology

    Social Groups – Society is made up of groups. Society begins with a gathering of people. However, simply gathering people together in a physical location does not constitute a social group. A social group exists when two or more people are in contact and communication, either directly or indirectly. Group members stimulate each other and respond in meaningful ways. This mutual stimulation and response of individuals and groups is social interaction.

    Society is based on social interaction. “Both society and culture are products of social interaction.” Social interaction is the most fundamental social phenomenon from which all other social phenomena arise. A social relationship exists when interactions are repeated frequently enough that we can recognize patterns of behavior. Social relationships can be friendly or unfriendly, intimate or non-intimate, inclusive or non-inclusive, professional or non-professional.

    The nature and character of social relationships is the basis for different forms of social groups, such as: B. primary and secondary groups, in-groups and out-groups, organized and unorganized groups, formal groups and informal groups or organizations, etc.

    Man is a Social Animal

    Usually people do not live alone. People don’t live in isolation for long. man is basically a social creature. The great Greek philosopher Aristotle said long ago that humans are social animals . He further stated that those who do not live in society are either animals or angels.

    All humans live in groups, except for hermits, shepherds, lighthouse keepers, lone prisoners, and perhaps a few others. Humans live in groups no matter where they are. Most of human life is lived in groups. Completely separate or isolated individuals are purely hypothetical.

    On the contrary, human daily life mainly consists of participation in groups. Without companions, our lives not only become boring and unbearable, but also our survival becomes problematic.

    Complete exclusion from one’s own group is probably the cruelest punishment a man must endure, below the death penalty. The term “group” lacks precision “Group” is one of those terms that lacks precision in common usage. We use the word “group” to refer to family groups, kinship groups, racial groups, church groups, religious groups, occupational groups, age groups, gender groups, large community groups, abstract groups, statistical groups, collectivities, etc. used to mean a group of Even in sociology, the word group is not always used consistently by sociologists.

    The word “group” is used very loosely. The word “group” is sometimes used to refer to an entire population of humans. Sometimes used to describe a small group of two or more individuals (a dyad). The term “group” is not used in any specification. Therefore, it is difficult to give a single satisfactory definition of the group concept.

    Definitions of Social groups

    1. R.M. Maclver and Page define social group as ‘any collection of human beings who are brought into human relationships with one another.’
    2. Harry M. Johnson says that ‘A social group is a system of social interaction.’ 2. Marshal Jones is of the opinion that a social group is ‘two or more people between whom there is an established pattern of interaction.’
    3. Emory S. Bogardus defines social group as ‘a number of persons, two or more, who have common objects of attention, who are stimulating to each other, who have common loyalty and participate in similar activities.’
    4. Ogburn and Nimkoff: “Whenever two or more individuals come together and influence one another, they may be said to constitute a social group.”

    Characteristics of Social Groups

    The main characteristics of social groups are:

    (i) Impact on personality. Social groups directly or indirectly shape the personalities of their members. It also provides an opportunity to express individuality.

    (ii) Interactions between Members.
    Social interaction is the basis of group life. Therefore, a mere collection of individuals does not constitute a group. Members need to interact. Social groups are actually systems of social interaction. The boundaries of social groups are characterized by the boundaries of social interaction.

    (iii) Mutual recognition.
    Group life requires mutual recognition. Group members know each other, and their behavior is determined by this mutual recognition. This may be due to what Giddings calls “species consciousness.”

    (iv) Personal Collection.
    A social group is made up of people. There can be no group without individuals. Just as a university cannot exist without students and teachers, a group cannot exist without people.

    (v) Similar acts. Members of a group behave more or less similarly in pursuing a common interest. Social groups represent collective behavior.

    (vi) Group cohesion and cohesion.
    Group members share a sense of belonging. Group cohesiveness and integration are highly dependent on the frequency, type, and emotional quality of interactions among members. A family, group of friends, or religious group is highly cohesive because its members are bound by some common interest, maintain frequent social contact with each other, and express a high level of morality and loyalty. Integrated. Unity is often maintained through conscious effort.

    (vii) “Our feelings.”
    “We-feeling” refers to the tendency of members to identify with a group. It represents group unity. “We-feeling” creates empathy among members and promotes collaboration. This helps group members protect their interests together.

    (viii) Common interests.
    Group interests and ideals are common. Groups are usually formed or established to satisfy specific interests. In fact, men not only join groups, but also form groups to achieve their own goals and interests. Group forms vary depending on the group’s common interests. Therefore, there are political groups, religious groups, economic groups, educational groups, racial groups, national groups, etc.

    (ix) Stability. Groups can be stable or unstable. It has a permanent or temporary character. Some groups, such as crowds, mobs, audiences, and spectator groups, are temporary and unstable. However, many groups persist for a relatively long time and are stable in character.

    (x) Group norms. Each group has its own rules or norms that members are expected to follow. These norms may take the form of customs, customs, manners, traditions, conventions, laws, etc. Norms and standards can be written or unwritten. Each group has its own way of punishing or correcting those who break the rules. Without some norms, further collective human life becomes virtually impossible.

    (xi) Group size. Each group contains size ideas. Social groups vary in size. A group is a dyad [a group of two members, e.g. a married couple family], or a family as large as a political party with many members. Size has a unique impact on group personality.

    (xii) Groups are dynamic. Social groups are not static, but dynamic. They can change slowly or rapidly. Old members die and new members are born. Groups can change whether due to internal or external constraints or forces.

    Importance of social groups

    The study of human society is essentially the study of human groups. Society is made up of countless types and diverse groups. There is no human being without society, and there is no society without puns. Groups have become an integral part of our lives. Out of necessity and inevitability, people are forced to live in groups. People live in groups and societies consciously, unconsciously, or unconsciously with joy or contempt. Human life is largely lived and managed by groups of various kinds.

    Without a group, survival will be difficult. Groups have become so necessary that it becomes problematic and questionable for us to live without them. Groups complement the development of human abilities, characteristics and humanity. From the moment we are born, we have the biological opportunity to become human beings, that is, social beings.

    Humans become human only within humans.

    A man becomes a man only among people. Various studies have convincingly demonstrated that humans cannot develop their human qualities without a human environment. The famous case of Kaspar Hauser, a young man deprived of human contact due to political mechanization, the most interesting and barbaric case of two Hindu girls, Kamala and her sister, who were found in a den of wolves, and Anna’s unfortunate incident.

    The case of an illegitimate American child who was kept away from human contact for more than five years and several other cases proves beyond doubt that only the human environment makes the human being. Biological animal, human. The human biological capacity to become a “person” does not arise automatically in the absence of a human environment.

    Biological potential develops only in social situations, more precisely in group situations. Moreover, the long human childhood and the helplessness of the newborn baby make humans almost prisoners of the most basic social group: the family.

    Groups also help with social survival.

    Humans depend on groups not only from the point of view of survival, but also from the point of view of living a successful life. By building continuous relationships with others, he learns things and improves his behavior. He opens his eyes wide, listens to what others say, remembers the good things of the past and always tries to keep his memory fresh so as not to repeat past mistakes.

    In other words, humans engage in a socialization process from birth to death. The process of socialization or humanization helps people develop their own unique personalities.

    Groups contribute to the development of personality.

    Individuality is a product of group life. The self that each individual develops, though unique, is itself a product of the group. The “self” arises in isolation. Groups provide individuals with an opportunity to express their true nature, talents, and abilities. Hidden potential is only expressed within the context of a social group.

    What is latent within humans can only be revealed within a group. Groups shape people’s characteristics, beliefs, morals, and ideals. Emotional development, intellectual maturity, and fulfillment of physical and social needs are unthinkable without groups. Groups are part of our mental apparatus and we are part of them.

    Related Post | social groups

    meaning of social group ?

    A social group exists when two or more people are in contact and communication, either directly or indirectly.

    Definitions of social group ?

    R.M. Maclver and Page define social group as ‘any collection of human beings who are brought into human relationships with one another.’

    Characteristics of Social Groups ?

    (i) Impact on personality. Social groups directly or indirectly shape the personalities of their members. It also provides an opportunity to express individuality.
    (ii) Interactions between Members.
    Social interaction is the basis of group life. Therefore, a mere collection of individuals does not constitute a group. Members need to interact. Social groups are actually systems of social interaction. The boundaries of social groups are characterized by the boundaries of social interaction….

    Importance of social groups ?

    The study of human society is essentially the study of human groups. Society is made up of countless types and diverse groups. There is no human being without society, and there is no society without puns. Groups have become an integral part of our lives. Out of necessity and inevitability, people are forced to live in groups. People live in groups and societies consciously, unconsciously, or unconsciously with joy or contempt. Human life is largely lived and managed by groups of various kinds..

    Reference Books | social groups

    • C.N. Shankar Rao – Principle of sociology with an introduction to social thoughts
    • Introduction to Sociology by Anthony Giddens
    • Sociological Theory by George Ritzer
    • A Dictionary of Sociology by John Scott
    • Social Change in Modern India by M N Srinivas
    • Handbook of Indian Sociology by Veena Das

    Sources | social groups

  • Important Terms under Consumer Protection Act, 2019

    Important Terms under Consumer Protection Act, 2019

    Important Terms under Consumer Protection Act, 2019 –

    Power to set aside ex parte orders [Section 61]

    An ex parte order is an order issued by a court or authority without hearing the other party.

    According to Section 61 of consumer protection act, 2019 only the national commission has been empowered to set aside ex parte orders.

    When the National Commission issues an ex parte order, the aggrieved party could approach the Commission to set aside its decision.

    If the aggrieved party applies to the National Commission, this provision gives the power of restoration by setting aside an ex parte order made by the National Commission on a previous occasion. Section 61 specifies that, in order to achieve the goals of justice, an ex parte order issued by the National Commission may be reversed if the opposing party or a complaint applies. This clause is founded on the idea of natural justice and fair play, which states that the Commission should hear the opposing party before making any decision.

    Transfer of cases

    In general, it means to transfer one case from one forum to another.

    According to Section 17A of Consumer Protection (Amendment) Act, 2002 the State Commission may, at any stage of the case, transfer any complaint pending before the District Forum to another District Forum within the State on the application of a complaint or on its own direction, the interest of justice.

    Similarly, under Section 62 of the Consumer Protection Act, 2019 the National Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission of one State to a District Commission of another State or from one State Commission to another State Commission on the application of the complainant or on its own motion, in the interest of justice.

    Circuit Benches

    In general, it means to have more than one benches or centres connected to one circuit or authority.

    According to Section 17B of Consumer Protection (Amendment) Act, 2002 the State Commission generally functions in the Capital of the state, but may exercise its functions at any other location that the State Government with consultation with the State Commission, notifies.

    According to Section 22C of Consumer Protection (Amendment) Act, 2002 the National Commission generally functions in New Delhi but can exercise its functions in such other locations as the Central Government in consultation with the National Commission, notifies.

    Finality of Orders [Section 68]

    In general, it means the orders made by the commissions shall be final and binding.

    Every order of a District, State or National Commission shall be final, if no appeal has been preferred against such order under the provisions of the Consumer Protection Act.

    There is no provision of appeal against the order of Supreme Court, the highest appellate court in India, and its order shall be final and binding.

    Judicial Review

    Judicial review is a well-established procedure that permits Courts to review orders or judgments given by subordinate Courts or the same Courts if there is a prima facie mistake of law or a miscarriage of justice.

    Review by National Commission in certain cases [Section 60]

    The National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.

    Review by State Commission in certain cases [Section 50]

    The State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.

    Review by District Commission in certain cases [Section 40]

    The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.

    Public interest Litigation

    According to Black’s Law Dictionary, public interest litigation is a legal action brought in a court of law to enforce a public interest in which the public or a class of the community has a monetary or other interest that affects their legal rights or liabilities.

    A PIL can be filed in either the high court or the Supreme Court for the sake of public interest. You can only file a lawsuit in national consumer court if you are a consumer. You cannot file a case if you do not meet the criteria of a consumer. Furthermore, according to the law, a PIL cannot be filed in a national consumer forum.

    The PIL under Articles 32 and 226 as well as the relaxation of the law of locus standi, allowed the common man to actualize his right to live with human dignity and to consume products and services of high quality. PIL gives legal representation to unrepresented groups by recognising the concerns of marginalised, environmentalists, consumers, and minorities.

    Environmental protection, consumer justice, and sustainable development, land and energy use, tax reform, occupational safety, health care, media access, corporate responsibility, educational reform, employment benefits, labour law enforcement, and gender justice are all examples of policy-oriented justice.

    Class Action

    A “class action” is a legal procedure that permits a group of consumers who have similar complaints or grievances against a common defendant (typically a company or service provider) to seek redressal for their problems collectively. This provision is intended to provide an effective and simple mechanism for addressing consumer complaints where a group of customers is affected by the same issue.

    A consumer complaint should fulfill these criteria to be a ‘Class Action’ –

    1. There should be a similar interest and a shared interest of all customers joining together.
    2. The complaint should be represented by a single leading case for the protection and benefit of all consumers.
    3. The nature of a “class action” against the same party with the same purpose will not be affected by factors such as cost, size, booking date, and price uncertainty.
    4. The complaint’s substance should not be centred on a single party; rather, it should speak for all customers.

    Landmark case – Nestle India Maggi Noodles

    Nestle India Ltd. was sued before the National Consumer Disputes Redressal Commission. After testing it revealed that the famous 2-minute Maggi noodles had excessive amounts of lead and MSG. As interpreted, the case was a class action filed on behalf of all customers, seeking Rs 640 crores in damages for alleged unfair trade practises, false labelling, and misleading advertisements.

    Administrative remedies

    “Administrative Remedies” refers to the numerous measures and actions that consumer protection authorities and agencies can use to resolve consumer issues and complaints. In India, the Consumer Protection Act, 2019, establishes a central consumer protection authority and state-level consumer protection authorities, both of which are responsible for promoting, safeguarding, and enforcing consumer rights.

    1. Complaint Redressal: To seek remedy for grievances, the Act established Consumer Disputes Redressal Commissions at the district, state, and national levels.
    2. Cost Reimbursement: In cases of defect or deficiency, the consumer protection authority may require reimbursement of the consumer’s expenses.
    3. Mediation: To find a mutually acceptable settlement, the consumer protection authority may send the matter to mediation.
    4. Product Recall: The central authority has the ability to order the recall of hazardous items or goods that endanger the health and safety of consumers.
    5. Replacement or Repair: The authority has the ability to require the firm to either replace the defective product with a new one or repair the product for free.
    6. Penalties and Fines: The Act gives the authority the ability to impose penalties and fines on businesses that breach consumer protection laws.
    7. Refund: The authority may require the firm to refund the price paid by the customer for the defective product or service.
    8. Withdrawal of False Advertisement: If a company is found to be engaging in false or misleading advertising, the authority can order to removed the advertisement and impose penalties.

    Related Post | Important Terms under Consumer Protection Act, 2019

    1. What do you mean by the term ‘Administrative remedies’ under consumer protection act?

    “Administrative Remedies” refers to the numerous measures and actions that consumer protection authorities and agencies can use to resolve consumer issues and complaints. In India, the Consumer Protection Act, 2019, establishes a central consumer protection authority and state-level consumer protection authorities, both of which are responsible for promoting, safeguarding, and enforcing consumer rights.

    2. What do you mean by the term ‘Class action’?

    A “class action” is a legal procedure that permits a group of consumers who have similar complaints or grievances against a common defendant (typically a company or service provider) to seek redressal for their problems collectively.

    3. What do you mean by the term ‘Public interest litigation’ under Consumer Protection Act?

    According to Black’s Law Dictionary, public interest litigation is a legal action brought in a court of law to enforce a public interest in which the public or a class of the community has a monetary or other interest that affects their legal rights or liabilities.

    4. What do you understand by the term ‘Judicial Review’ under consumer protection act?

    Judicial review is a well-established procedure that permits Courts to review orders or judgments given by subordinate Courts or the same Courts if there is a prima facie mistake of law or a miscarriage of justice.

    5. What do you understand by the term ‘Finality of orders’?

    In general, it means the orders made by the commissions shall be final and binding. Every order of a District, State or National Commission shall be final, if no appeal has been preferred against such order under the provisions of the Consumer Protection Act.

    6. What do you understand by the term ‘Circuit Benches’?

    According to Section 22C of Consumer Protection (Amendment) Act, 2002 the National Commission generally functions in New Delhi but can exercise its functions in such other locations as the Central Government in consultation with the National Commission, notifies.

    7. What do you understand by the term ‘Transfer of cases’?

    Under Section 62 of the Consumer Protection Act, 2019 the National Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission of one State to a District Commission of another State or from one State Commission to another State Commission on the application of the complainant or on its own motion, in the interest of justice.

    8. What is ex parte order?

    An ex parte order is an order issued by a court or authority without hearing the other party. According to Section 61 of consumer protection act, 2019 only the national commission has been empowered to set aside ex parte orders.

    Reference Books | Important Terms under Consumer Protection Act, 2019

    1. Consumer Protection Law by Dr.SC Tripathi
    2. Consumer Protection Act: A Commentary by G. B. Reddy
    3. Commentary on the Consumer Protection Act by J. N. Barowalia
    4. Consumer Protection (Law & Practice) by V. K. Agarwal

    Source | Important Terms under Consumer Protection Act, 2019

    1. https://www.studocu.com
    2. https://iritm.indianrailways.gov.in
  • Meaning and definition of Goods

    Meaning and definition of Goods

    Meaning and definition of Goods – According to Section 2(21) of the Consumer Protection Act, 2019 the term “goods” means every kind of movable property and includes “food” as defined in Section 3(1)(j) of the Food Safety and Standards Act, 2006.

    Definition of Goods under Sale of Goods Act, 1930

    According to the Section 2(7) of the Sale of Goods Act, 1930 – “Goods” means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

    According to Section 2(43) of the CPA, 2019 “spurious goods” means such goods which are falsely claimed to be genuine.

    Under Section 3(1)(j) of the Food Safety and Standards Act, 2006 “Food” means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk).

    As stocks and shares are included in the Consumer Protection Act, the complaint regarding shares can be filed before the District Forum.

    cases

    In Madan Lal Jaggi v. Prabhat Tyagi, the respondents sold the shares at a lower price for him and later made profits from the escalation in the value thereof; the National Commission held that such sale of shares at a lower price is not a deficiency in service as long as the respondents fulfilled their obligation to the complainant.

    In Prakash Trading Co. v. Kashiram Sampat Tayade, the respondent sold low-quality jowar seed to the appellant. According to the Agricultural Officer’s report, the percentage of crop seed was very low. The complaint was filed with the District Consumer Forum, and it awarded compensation. In an appeal for a District Forum order, it was determined that there was no reason to interfere with the District Forum’s decisions.

    Term “price”- In Delhi Development Authority v. Kamini Chopra, the national commission held that the term “price” refers to the monetary consideration of a sale of goods paid by the seller to the buyer or agent. The Consumer Dispute Resolution Agencies will have no jurisdiction to enter into price disputes.

    In Manjit Singh v. Dharampal Gupta, it was held that the dispute of goods or machinery purchased and used for commercial purpose to make profit does not fall within the jurisdiction of the Consumer Dispute Redressal Agencies under the Consumer Protection Act, as the aggrieved party is not a consumer.

    In Dynamic Steel Private Ltd. v. Kirloskar Electric Co. Ltd., that the transaction between the parties was merely a sale, and the claimed non-performance of the same amounted to breach of contract entirely triable by a Civil Court, since there was no hiring or delivery of any services.

    However, In Salvay B.E. Animal Health Ltd. v. Airflow Control Systems, the complaining firm cancelled its purchase when the respondent failed to deliver the machines on time. It was held that the defendants’ failure to repay the selling amount considered a deficiency in service.

    In R.K. Kapoor v. R.M. Mittal, The local air-conditioner unit did not function during the season ,the supplier agreed that it would be fitted with the Sri Ram Compressor and had added Rs. 19,250/- in the price for that purpose. The money was ordered to be reimbursed, along with compensation of Rs. 6,500/- as estimate rent for hiring an air conditioner and Rs. 3,500/- as expenditures.

    Hire-Purchase System – According to Aiyar’s Judicial Dictionary, goods received on hire become the hirer’s absolute possession upon payment of the last of the instalments required to be paid by him, but he is unable to deal with the goods until then since he lacks ownership in them. If the instalments are not paid on time, the owner has the right to reclaim the items.

    Related Post | Meaning and definition of Goods

    1. Define Goods under Consumer Protection Act, 2019.

    According to Section 2(21) of the Consumer Protection Act, 2019 the term “goods” means every kind of movable property and includes “food” as defined in Section 3(1)(j) of the Food Safety and Standards Act, 2006.

    2. Define Goods under Sale of Goods Act, 1930.

    According to the Section 2(7) of the Sale of Goods Act, 1930 – “Goods” means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

    3. Define spurious goods.

    According to Section 2(43) of the CPA, 2019 “spurious goods” means such goods which are falsely claimed to be genuine.

    4. Define Food under Food Safety and Standards Act, 2006.

    Under Section 3(1)(j) of the Food Safety and Standards Act, 2006 “Food” means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk).

    5. What is Hire-Purchase System?

    According to Aiyar’s Judicial Dictionary, goods received on hire become the hirer’s absolute possession upon payment of the last of the instalments required to be paid by him, but he is unable to deal with the goods until then since he lacks ownership in them. If the instalments are not paid on time, the owner has the right to reclaim the items.

    Reference Books | Meaning and definition of Goods

    1. Consumer Protection Law by Dr.SC Tripathi
    2. Consumer Protection Act: A Commentary by G. B. Reddy
    3. Commentary on the Consumer Protection Act by J. N. Barowalia
    4. Consumer Protection (Law & Practice) by V. K. Agarwal

    Source | Meaning and definition of Goods

    1. https://www.dictionary.com
    2. https://ncert.nic.in
  • Service Under Consumer Protection act, 2019

    Service Under Consumer Protection act, 2019

    Service under consumer protection act, 2019 – According to Section 2(42) of the consumer protection act, 2019 the term “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,
    • telecom,
    • boarding 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.

    The Apex Court in Indian Medical Association v. V.P. Shantha & others said that the definition of service in Section 2(1)(o) [now Section 2(42)] can be split up into three parts-

    (i) The main part (explanatory in nature)

    (ii) The inclusionary part (includes the provision of facilities in connection with banking, financing, etc.)

    (iii) The exclusionary part (excludes rendering of any service free of charge or under a contract of personal service)

    Deficiency –

    According to Section 2(11) of the Consumer Protection Act, 2019, expression “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 and includes-

    (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and

    (ii) deliberate withholding of relevant information by such person to the consumer.

    In a case for deficiency in services, the onus of proof is on the complainant to prove the deficiency. Failure of the complainant to prove negligence on the part of service provider, held service provider not deficient in service.”

    Section 39 of the Consumer Protection Act, 2019 provides for the correction of deficiencies in services or goods by awarding compensation or other means specified only when the Consumer Forum finds deficiency.

    Services rendered Free of Charge

    The Act defines a “consumer” as someone who purchases goods or avails services for a consideration, but it also includes someone who uses goods or services with the permission of the person who purchased such goods or services, for a consideration paid or promised, or under any system of deferred payment.

    A consumer utilizing free services has the right to file a complaint under certain conditions:-

    • If it is found to be defective or deficient in quality.
    • If it provides free services with the intention of misleading consumers or promoting unfair competition.
    • If a business provides a free service and advertises it in a misleading manner.
    • If a free service provider is negligent in their duty of care, resulting in harm to the consumer.

    In State of Orissa v. Divisional Manager, LIC, the complaint by special leave petition was brought before the Supreme Court under Section 2(1)(o) of the Consumer Protection Act, 1986 [currently Section 2(42) of the 2019 Act] and Article 136 of the Constitution of India, 1950. According to the Supreme Court, personal service implies the right to seek enforcement of such a right of contract under the Specific Relief Act. As the government provides services for free, government employees are excluded from suing the government for damages under the Consumer Protection Act. If a claim emerges for opposing the responder, he may file it in any other forum, but not under the Consumer Protection Act.

    Service under a contract of Personal Service

    A “contract of personal service” refers to a master-servant relationship and includes an obligation to obey directions in the task to be accomplished as well as its mode and manner of completion.

    Essentials –

    1. It involves the provider’s individual skills, expertise, and personal qualities.
    2. It might be driven by personal relationships, trust, or mutual arrangements and may not include monetary transactions.
    3. It includes an obligation of the servant to obey directions in the task to be accomplished as well as its mode and manner of completion.

    In A.C. Modagar v. Crosswell Tailor, the complainant gave a pant piece for stitching and found the pant to be defective. The District Forum awarded Rs. 500/- for mental anguish and cloth cost. The State Commission dismissed the appeal and determined that service is a contract of personal service.The National Commission held that the State Commission’s decision was not suitable, thus it was set aside. The National Commission ruled that the reason for excluding the performance of service “under a contract of personal service” from the definition of “service” under the Act is self-evident. The master can dismiss such an employee at any time, and hence there is no need for the master to complain about the employee’s performance.

    Applying the above test to the present case, it is clear that the petitioner was unable to exert any control or oversight over the respondent’s work. While cutting the material for stitching the pant or stitching it, the respondent was independent of any supervision or control of the petitioner. While performing his duties, the respondent was merely required to follow the petitioner’s instructions on the design of the pant but was not required to go any farther.

    Distinction between Contract of Services and Contract of Personal Service

    Contract of Services Contract of Personal Service
    A contract of services refers to an agreement where a person or entity agrees to provide certain services to another party in exchange for consideration (payment).A contract of personal service is an agreement where one party agrees to perform services for another based on personal attributes, skills, or expertise.
    These services are typically provided in the course of a business or professional activity.These services are often highly individualized and are not performed as part of a commercial or professional endeavor.
    The focus in a contract of services is on the services being rendered, rather than the personal attributes of the service provider.The focus is on the individual and their personal attributes, rather than a transaction involving goods or services for consideration.
    Contracts of services fall within the scope of consumer protection laws.Contracts of personal service do not fall within the scope of consumer protection laws.
    Ex. – If you hire a plumber to fix your issues and pay for his services, you are entering into a contract of services. If there is a defect in the work, you have consumer rights under the Act.Ex. – If you hire a private tutor to provide personalized lessons for your child and establish a close, personal relationship with them, this would likely be considered a contract of personal service.
    A contractual relationship and is not subject to detailed direction and control.A master-servant relationship and can give directions in the task to be accomplished.

    Contract of services – A contract for services refers to a contract in which one party agrees to provide service-professional or technical service to another in the performance of which he is not subject to detailed direction and control and uses his own knowledge and discretion.

    Contract of Personal Service – A “contract of personal service” refers to a master-servant relationship and includes an obligation to obey directions in the task to be accomplished as well as its mode and manner of completion.

    The Apex Court held in Kishori Lal v. Chairman, ESI Corporation that if an insurance company pays fees and charges to a medical practitioner under a scheme, such service is not free of charge and would be considered “service” under the Consumer Protection Act. The Court stated that the connection between a medical practitioner and a patient cannot be considered a “contract of personal service” since there is no relationship of master and servant between them, even if the relationship is one of mutual confidence and trust. It is a “contract for services”.

    Relevant cases (Service) –Service Under Consumer Protection act, 2019

    In U.P.S.E.B. v. Mona Confectionery Industries, the complaint fulfilled all paperwork but was denied an electrical connection. As a result, the factory could not be started. The State Commission granted compensation for the delay. In appeal, the National Commission ruled that there was no delay in providing the electric connection and that the Electricity Board and its personnel were not negligent or deficient in providing service.

    The complaint in Consumer Protection Council v. The Ahmedabad Electricity Co. Ltd. concerned the affixation of defective metres at the consumer’s premises by the respondent company; however, assurance was given on behalf of the company that upon receipt of incorrect metre functioning, steps would be taken to have the metre properly tested and rectified or replaced if found defective. It was decided that the assurance provided was adequate to address any complaints customers may have on this issue.   

    Related Post | Service Under Consumer Protection act, 2019

    1. Define Service under Consumer Protection Act, 2019.

    According to Section 2(42) of the consumer protection act, 2019 the term “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
    (a)    Banking,
    (b)   Financing,
    (c)    Insurance,
    (d)   Transport,
    (e)   Processing,
    (f)    supply of electrical or other energy,
    (g)   telecom,
    (h)   boarding or lodging or both,
    (i)    housing construction,
    (j)    entertainment,
    (k)   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.

    2. What do you mean by services rendered free of charge?Service Under Consumer Protection act, 2019

    Someone who uses goods or services with the permission of the person who purchased such goods or services, for a consideration paid or promised, or under any system of deferred payment.

    3. What do you understand by contract of Personal Service?Service Under Consumer Protection act, 2019

    A “contract of personal service” refers to a master-servant relationship and includes an obligation to obey directions in the task to be accomplished as well as its mode and manner of completion.

    4. What do you understand by contract of Services? Service Under Consumer Protection act, 2019

    A contract for services refers to a contract in which one party agrees to provide service-professional or technical service to another in the performance of which he is not subject to detailed direction and control and uses his own knowledge and discretion.

    5. Distinguish contract of service and contract of personal service.Service Under Consumer Protection act, 2019

    A contract of services refers to an agreement where a person or entity agrees to provide certain services to another party in exchange for consideration (payment) whereas, A contract of personal service is an agreement where one party agrees to perform services for another based on personal attributes, skills, or expertise.

    Reference Books | Service Under Consumer Protection act, 2019

    1. Consumer Protection Act: A Commentary by G. B. Reddy
    2. Commentary on the Consumer Protection Act by J. N. Barowalia
    3. Consumer Protection Law by Dr.SC Tripathi
    4. Consumer Protection (Law & Practice) by V. K. Agarwal

    Source | Service Under Consumer Protection act, 2019

    1. https://www.lexology.com
    2. https://ncert.nic.in
  • Deficiency under Consumer Protection Act, 2019

    Deficiency under Consumer Protection Act, 2019

    According to Section 2(11) of the Consumer Protection Act, 2019, expression “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 and includes-

    (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and

    (ii) deliberate withholding of relevant information by such person to the consumer.

    In a case for deficiency in services, the onus of proof is on the complainant to prove the deficiency. Failure of the complainant to prove negligence on the part of service provider, held service provider not deficient in service.”

    Section 39 of the Consumer Protection Act, 2019 provides for the correction of deficiencies in services or goods by awarding compensation or other means specified only when the Consumer Forum finds deficiency.

    Failure to erect and supply of the equipment in accordance with the provisions of the contract would constitute a breach of contract of sale and supply, but would not be considered a deficiency in service.

    In H.V. Venkatasubbaiah v. Agrotechnical Industry, the complainant claimed that the respondent failed to deliver the tractor after payment of the consideration money. It was held that non-delivery of tractor is deficiency in service.

    A.   “Deficiency” – Electricity

    In Haryana State Electricity Board v. Tanuj Rashi Poultry Farm, the disruption of electricity supply to the poultry farm for 25 days due to a burnt-out electricity meter was held to be a deficiency in service, and the complainant was awarded Rs. 75,000/- for the loss of 3080 birds. Disconnection without notice is deficiency in service. Furthermore, an unreasonable drop in voltage indicates a service defect.”

    N. Kunchi Babu and Another v. The Managing Director and Co-Chairman of A.P. Transport Co., Hyderabad, and others, in which a girl child suffered burn injuries as a result of electrocution due to non-use of plastic pipe. The State Commission directed the respondent to pay compensation and medical expenses on the grounds of physical disability, hindering her chances of marrying and leading a normal life. The National Commission noticed that no evidence was presented to establish what her father’s or child’s income was, and so no case for increased compensation was made out. The appeal was dismissed.

    In H.P. State Electricity Board v. Jaswant Rai Sood & another, it was held by the National Commission that the audit objection about imposition of sundry charges is not legally justified.

    B.   Telephones – Deficiency in service.

    In Telecom Dist Manager v. KC Bhagathey, the failure of the department to act on the subscriber’s complaints notwithstanding the department’s issuance of disconnection notices determined to be a deficiency in service.

    In Vijay Sethi v. Dist Manager, Telephones, the department did not unlock the STD lock that he had accidentally set, notwithstanding his proper application and payment of the requisite payments. It was held that the supply of Dynamic Code for the S.T.D. capability in Electronic Exchanges is now an inherent feature of telecommunications services.

    Dynamic code Locking facility is a vital component of the service hired by the subscriber, and if a subscriber locks the STD facility mistakenly, inadvertently, or even carelessly, it is the responsibility of the telephone department to unlock the STD Dynamic Code upon payment of the required costs as per rules. Any excessive delay in unlocking the STD Dynamic Code would count as a patent deficiency in Service.

    Similarly, it has been found that the non-disconnection of STD at the request of the subscriber is a deficiency in service.

    In General Manager, Telecommunication Department v. Punjab Mandi Borrid, two telephone connections in the name of husband and wife were installed at business/residence respectively. the State Commission held that the complainant and her husband are subscribers of two different telephones in their individual and distinct capacities,  and the term “subscriber” does not include relation of subscriber.

    C.   Banking and Financial Services

    In State Bank of India v. Chemist Products, the complainant sought cash credit/bill-discounting facility from the respondent bank, which was subject to the condition that bills in respect of goods to be supplied to other parties be produced before the bank, and the bank would pay 75% of the bill amount to the complainant, with interest charged until the purchaser/party to whom goods were to be supplied made the payment against the bill.

    The complainant was upset because one of these bills had not been paid. It was observed that there was an agreement between the complainant and the bank that the bank would pledge the bills and upon realisation of the money from the party concerned, the bank would give clearance for release of the goods, but, the bank had received the sum of two of the three bills, but without recognising it, the third bill granted approval for the release of goods in favour of the third party. It was held that the bank is patently guilty of deficiency in service. Compensation of Rs 15,000/- was granted.

    Similarly, In State Bank of India v. TISCO Ltd., it was determined that sending a letter of credit to the incorrect bank amounted to deficiency in service. 

    In Bank of India v. Shri Vivek Bhandari’s Associates, It was observed by the Union Territory Consumer Disputes Redressal Commission, Chandigarh that because the cheque was lost by the bank in transit, there was a deficiency on the part of the bank and it could not refuse to credit the amount to the complainant. The District Forum correctly issued an direction to provide credit in the amount of Rs. 66,677. Further compensation cannot be granted since the interest has already been provided as compensation.

    D.   Insurance claim

    In New India Assurance Co. Ltd. v. V. M. Lakhsmi, the respondent/ complainant had her cow insured for Rs. 3,000/-. Her cow was killed by panther/tiger while she was grazing. Following that, an insurance claim was submitted, which was denied by the appellant insurance company since the occurrence was not covered by the policy.

    The State Consumer Dispute Redressal Commission held that clause 12 of the insurance policy states that the insurance company will not be liable in either case if the incident occurred within the forest area or more than 2 kilometres from the respondent/complainant’s house or the cow shed and as interpreted by the district forum, the incident occured in the forest area. Hence, the Insurance Company is not liable.

    In National Insurance Co. Ltd. v. Dharmaraj, the car was insured with the appellant and sold to the complainant throughout the term of the insurance policy. However, soon after the purchase of the car, the plaintiff applied to the insurance company in the necessary form for the transfer of policy in his favour. Within four days, the automobile met with an accident. Because the car had been damaged, a claim was filed with the insurer.

    However, the claim was rejected on the grounds that there was no transfer of insurance coverage as of the date of the accident. It was held by the Karnataka State Consumer Disputes Redressal Commission, Bangalore that once an application for policy transfer is made with the insurer, the insurance firm is obligated to transfer the policy and there is no justification to avoid its liability.

    In New India Assurance Co. Ltd. v. Mukesh Construction Co., it was held by the National Commission that the Insurance Company was not justified in reducing and settling the insurance claim on non-standard basis for the reason that truck was overloaded.

    In Hundilal Jain Cold Storage and Ice Factory (P) Ltd. v. Oriental Insurance Co. Ltd., cold storage building having capacity to store 95,000 quintals of potatoes was insured. One of the cold storage compressors stopped working, and the damage was reported to the insurer, who hired one surveyor after another. Despite surveyor findings in the complaint, the claim was not resolved, resulting in a negative impact on the claimant and, to some part, destroying him.

    The National Commission found that, based on surveyor’s reports, the complainant’s claim could not be deemed to be fraudulent. Furthermore, because insurance policies were not given to the complainant, it was difficult to argue that so-called policy requirements were known to the complainant and were binding. As a result, the insurer was ordered to pay the complainant’s damages plus interest.

    In the case of Branch Manager, National Insurance Co. Ltd. & another v. Sri Srinivasa Cotton Traders, cotton covered by the insurance policy was damaged in a fire that broke out in the godown due to an electrical short circuit. The surveyor gathered a sample of burnt cotton lint, sealed it in three separate polythene bags signed jointly with the complaint, and left one package with the complainant. A sample of this kind was given to the Indian Institute of Chemical Technology. According to the IICT report, fuel was used to start a fire. On the facts and circumstances, it was determined that no failure in service was committed.

    E.   Post Office

    It has been held in a number of cases that the Postal Department has taken shelter under the provisions of Section 6 of the Indian Post Office Act, 1890, when the Government secured entire immunity for any Postal Department activity resulting in a loss to a customer. In reality, the then-Government declared the Postal Department completely free from any accountability to the people it served for consideration, even if such service was subsidised in respect of specific kinds of letter and postal products, etc., by Section 6. The letters were admittedly stamped and delivered late, resulting in a one-year delay in the recipient’s school career.

    It was held in Superintendent of Post Offices v. Upbhokta Suraksha Parishad, that not doing something what one ought to do is also an act of wilful default and therefore, is covered by “wilful act”. Hence, compensation of Rs. 1,000/- was granted. In Ramgopal v. Director, Postal Services, failure to make an endorsement on a returned registered letter admittedly refused by the addressee has been held to be deficiency in service.

    In Post-Master General of Rayagada v. Rubeen Sankar Patty, it has been held that cessation of interest in a Public Provident Fund Account on the plea of its closure without any endorsement in official records is deficiency in service.

    Delay in delivery of telegram unless mala fide is not “deficiency” in service under the Consumer Protection Act.”

    In The Chief Post Master & others v. M/s. Ensons Enterprises, a parcel was sent by speed post to be delivered to addressee, at New Delhi. But the parcel was not delivered to addressee. According to the State Commission, it is clear that the Government (Postal Department) is not liable for loss of any postal article unless such liability has been expressly assumed by the Postal Department, and no officer of the Postal Office shall be liable to pay for any loss, misdelivery, delay, or damage unless he caused the same fraudulently or by wilful act or default.

    F.     Housing – Deficiency

    In Rajasthan Housing Board v. Ram Babu Gupta, It was held by the National Commission that deficiency in service on the part of the petitioner was writ large in not completing the construction within a reasonable time, making an offer to allot just a structure, and even after exercise of the option, in not allotting even the incomplete house, in the form of structure.

    The National Commission in Dr. Sameer Kaushal v. Secretary, Housing and Urban Development to Government of Punjab & others, has held that allotment of plot for private nursing home, the mode of allotment by draw of lots instead of selection on merits cannot be said to be unjust or unauthorised. However, development authority was directed to return amount deposited by the appellant complainant with 6% interest.

    Related Post | Deficiency

    1. What is the definition of Deficiency under Consumer Protection Act, 2019?

    According to Section 2(11) of the Consumer Protection Act, 2019, expression “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 and includes-
    (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and
    (ii) deliberate withholding of relevant information b

    2. What are the services under which deficiency is mainly found?

    The categories under which deficiency is mainly found are as follows:-
    1. Electricity
    2, Telephones
    3. Banking and Financial services
    4. Insurance
    5. Post Office
    6. Housing

    Reference Books | Deficiency

    1. Consumer Protection Law by Dr.SC Tripathi
    2. Consumer Protection Act: A Commentary by G. B. Reddy
    3. Commentary on the Consumer Protection Act by J. N. Barowalia
    4. Consumer Protection (Law & Practice) by V. K. Agarwal

    Source | Deficiency

    1. https://www.casemine.com
    2. https://ncert.nic.in