Ranu, hired a taxi car from his residence to airport as he and his family were going from Mumbai to Bengaluru. The taxi was in a poor condition and the driver had not adequate rest and drove rashly. Eventually, it went b

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2023
Ranu, hired a taxi car from his residence to airport as he and his family were going from Mumbai to Bengaluru. The taxi was in a poor condition and the driver had not adequate rest and drove rashly. Eventually, it went burst in the middle due to which Ranu and his family could not reach the airport in time to catch their flight. Decide whether Ranu may be treated as a 'consumer' under the Consumer Protection Act, 2019?

Answer & Explanation:

Section 2(7)(ii) of the Consumer Protection Act, 2019, consumer means any person who hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. Further, as per Section 2(11) of the Consumer Protection Act, 2019, 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- any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and deliberate withholding of relevant information by such person to the consumer. Accordingly, Ranu who hired the taxi service for his travel along with his family could not reach well in time at the airport to catch the flight. There was also deficiency in performance of service rendered by taxi driver, which caused loss to Ranu. Therefore, Ranu is a consumer as per the above stated provisions of Consumer Protection Act, 2019.

Topics: Consumer Protection Act, 2019

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