Consumer protection act -practical issues

Law Aspire (Querist) 07 December 2016 This query is : Resolved
Dear Sir
Need some Clarifications on Questions of Consumer Protection Act,1986:

(1) Section 2(b)(ii) states that a Voluntary Consumer Asssociation registered under Companies Act,1956 or under any other Law for the Time being in force. In Companies Act ,1956 no Provision is there for registration of such Association. Kindly provide clarification.

(2) A person who is a retailer and earning his livelihood from sale of any particular products is a Consumer for Whole Seller and Manufacturer or Not? (Selling of Goods for earning Livelihood by means of Self Employment) Kindly clarify with reference to Section 2(d)(i) and Explanation to this given under Consumer Protection Act.

(3) Refer Definition of Manufacturer under Consumer Protection Act, 1986.
My query is:
If Company ABC Ltd manufactures a Toothbrush and the same is sold by XYZ Limited and on the packing of the Toothbrush it is specifically mentioned that Manufactured by ABC Ltd and Marketed by XYZ Limted In this case if any defect comes in the tooth brush against whom Complaint wil be filed?

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Guest (Expert) 07 December 2016
Both of them could be Sued.

Guest (Expert) 07 December 2016
The Liability of a Product defect could rest with any Party in the Products chain of distribution such as 1)The Product Manufacturer 2)Manufacturer of component parts 3)Party that assembles or installs the Product 4) the whole saler 5)The Retail seller who sells to customer

Guest (Expert) 07 December 2016
Obviously an Academic query

Rajendra K Goyal (Expert) 07 December 2016
academic query, o reply.

Kumar Doab (Expert) 07 December 2016
Your academic query is suitable addressed.

Guest (Expert) 07 December 2016
Thanks to Expert Mr.kumar Doab

rajeev sharma (Expert) 07 December 2016
Dear Law Aspire
Your quarries are purely academic and you would have found answer to your quarries if you had refered to any good commentary on companies law and consumer protection act.
However i am giving you broad guidelines if you follow these you may get your answer. Your third quarry has been suitably replied by Sri Narsimha.
1. A charitable company may be incorporated under sec 8 of the companies Act 2013.
Sec 2(d) C P Act defines that ay one who purchases gods for resale and for commercial use is not a consumer.For certain items difference between personal use and commercial use is hairline. A purchases a truck and operate it through a driver for transporting goods it is commercial use and if the truck is driven by A for transporting the goods then the truck is being used for self employment and A is consumer
If you want to go throufh detailed discussion please refer to any good commentary on both Acts

R.K Nanda (Expert) 07 December 2016
academic query.

Rajendra K Goyal (Expert) 07 December 2016
State material facts of the problem if any.

Query looks like examination question.

Kumar Doab (Expert) 07 December 2016
You are welcome Mr.N.J.S.Rajkumar.

dr g balakrishnan (Expert) 28 May 2017
consumer means final consumer not intermediary customer - consumer - when u r talking on company Act, consumer protection Act meanings cannot be an attributed meaning how will u sue as consumer unless there is clear breach of contract that aspect you have not provided - i wonder how would u aspire lawyer ?