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Ashish M (Chartered Accountant)     06 June 2010

consumer query---

In the consumer protection ACt, 

Sec.2(1)(o) exclude from the word 'service' those services which are rendered free of charge or under a contract of personal service....

Pls tell whether during the warranty period, an article is submitted for free servicing and during such provision, the company damaged the article & is not replacing the same. Is the petition is tenable under the Act B'coz it doesn't includes in its ambit those services which r provided free of charge and in this case the malafide is committed during the provison of the service during the warranty period which is free....????

Also tell what is the meaning of personal service.!!!



Learning

 2 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     06 June 2010

Daer Aashish,

Plz. tell me the facts of the case.There after I would be able to suggest u what to do.

Kanaksinh P.Boda (Educationist/Lawyer)     06 June 2010

The Service under warranty or guarantee, can not be treated as seperate unpaid/free  service as as it comes  consequent to the origina price  paid for article, and is therefore a paid service. Unless there is some rebate offered for not choosing this service from the original price.

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