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
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- Consumer of Goods – Consumer Protection Act
- Rights and Duties of consumers | Consumer Movement
- Consumerism in India – Meaning | Need | Objects
- Political Notes
- Law of Torts notes
- RTI notes
- Legal History Notes
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
- Consumer Protection Law by Dr.SC Tripathi
- Consumer Protection Act: A Commentary by G. B. Reddy
- Commentary on the Consumer Protection Act by J. N. Barowalia
- Consumer Protection (Law & Practice) by V. K. Agarwal
Source | Meaning and definition of Goods
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