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Direction: Assume that the statements in the passages are the applicable law…

CLAT 2023 · Legal Reasoning · 5 questions

Direction: Assume that the statements in the passages are the applicable law. Consumers are people who buy and use goods or services. Consumers have a right to file a complaint for any of the services or goods used by them under Consumer Protection Law. Under Consumer Protection Law, a ‘consumer’ means: Person buying and using goods and services: A consumer includes any person who buys goods and services, as well as anyone who uses them. For instance, a person who watches a movie after buying a movie ticket is a consumer and similarly, a person who uses a gift voucher gifted from someone else is also a consumer. Person using goods for self-employment, and not for commercial purposes: the consumer protection law does not apply to people who use goods and services for commercial purposes. However, there are some exceptions to this. For example, people who use goods for self-employment are considered as consumers. For example, artists who buy art supplies for their work or beauticians who buy beauty products are consumers. Person using online facilities: A consumer also includes any person who buys or hires goods or services online. For example, if you order from an online clothes website, you are a consumer. People facing issues related to food: Consumers also include people who may be facing issues related to food items, such as adulteration, poor quality, lack of service, etc. For instance, issues related to food can cover problems across a wide range of products, starting from water that goes into the production of items like juices as well as the sale of animals like chicken, mutton etc. that are expressly intended for human consumption. [Extracted, with edits and revisions, from “Who is a Consumer?”, Nyaaya India]

Question 1

Clint Leone Morricone Ltd. (“CLML”) is a factory manufacturing bicycles. For the purpose of documentation and record keeping, it purchased a laptop from Pacer. However, within a month of the purchase, the laptop crashed and there was a motherboard failure. Despite a warranty, Pacer failed to replace the motherboard. Which of the following statements is correct?
  1. A. Purchase of electronic items does not fall within the purview of consumer law.
  2. B. CLML is a consumer since it has bought a good for a price.
  3. C. CLML is not a consumer since it has purchased the laptop for commercial purpose.
  4. D. A company is not a person and so, cannot be a consumer.

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Question 2

Sita Das has been working as a freelance journalist. She writes columns and news-reports for various newspapers and news-portals and is paid on the basis of each column and report. For the purpose of her writing work, she purchases a Pacer laptop. However, within a month of the purchase, the laptop crashed and there was a motherboard failure. Which of the following statements is correct?
  1. A. Since she is using the laptop for the purpose of writing paid columns and news reports, Sita Das cannot be a consumer.
  2. B. Purchase of goods does not fall within the purview of Consumer Protection Law.
  3. C. Since she is using the laptop for the purpose of earning her livelihood, she will be a consumer.
  4. D. None of the above

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Question 3

Kalpavruksha Charitable Trust runs a hospital. The hospital charges a fee from its patients. The fee is however 30% less than the commercial rates for all services and medical devices sold to patients. The hospital purchased a pacemaker from St. Rude’s — a globally reputed manufacturer of pacemakers, to be resold to and used by patients. Which of the following statements is correct?
  1. A. The hospital is a charitable hospital and therefore, it is a consumer with respect to the pacemakers purchased from St. Rude’s.
  2. B. The hospital resells the pacemakers to patients and therefore cannot be considered as a consumer with respect to the pacemakers purchased from St. Rude’s.
  3. C. The hospital resells the pacemakers at a discounted rate and therefore can be considered a consumer with respect to the pacemakers purchased from St. Rude’s.
  4. D. Sale of medical devices is not covered by Consumer Protection Law.

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Question 4

Fitzit is an online platform that provides physiotherapy and other ancillary medical services. Amit Ghosh booked a physiotherapist on Fitzit for three months by paying an amount of ₹ 25,000. Fitzit guaranteed the availability of qualified physiotherapists for the duration. However, Fitzit failed to provide a qualified physiotherapist and the persons who were sent for the first two visits had no training or certification in the field. Amit Ghosh seeks to proceed against Fitzit under Consumer Protection Law. Which of the following statements can be correctly inferred?
  1. A. Since online services are not covered by Consumer Protection Law, Amit Ghosh cannot be considered a consumer.
  2. B. Since services are not covered by Consumer Protection Law, Amit Ghosh cannot be considered a consumer.
  3. C. Since online services are covered by Consumer Protection Law, Amit Ghosh shall be considered a consumer.
  4. D. Since medical services are not covered by Consumer Protection Law, Amit Ghosh cannot be considered a consumer.

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Question 5

Jitesh Shah purchased from Breatheeasy, a company selling respiratory devices, a nebuliser device for his son, Jignesh Shah, for use for clearing his nasal passages. The nebulizer was however defective and led to severe respiratory distress for Jignesh. Jignesh is considering filing a complaint against Breatheeasy under the Consumer Protection Law. Which of the following statements can be correctly inferred?
  1. A. Since Jignesh Shah did not purchase the device from Breatheeasy, he cannot be considered a consumer with respect to Breatheeasy.
  2. B. Since Jignesh Shah is a user of the device, he can be considered a consumer.
  3. C. Sale of medical devices are not covered by Consumer Protection Law.
  4. D. None of the above

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