Samir, on a holiday with his family, hired a taxi service. The taxi was in a poor condition and the driver had not adequate rest and drove rushly. Eventually, it went burst in the middle of the way. As a result, Samir an
CS Executive · Economic and Commercial Laws · PYQS · June 2017
Samir, on a holiday with his family, hired a taxi service. The taxi was in a poor condition and the driver had not adequate rest and drove rushly. Eventually, it went burst in the middle of the way. As a result, Samir and his family could not reach the airport in time to catch their flight. Decide, whether, Samir may be treated as a consumer under Consumer Protection Act, 1986?
Answer & Explanation:
According to Section 2(1)(d) of the Consumer Protection Act, 1986, consumer means any person who hires or avails of any services 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 services 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 services for any commercial purpose. In the given case since Samir has hired taxi, it is absolute responsibility of the service provider to maintain the taxi as well as to provide the driver capable of driving with care and responsibility. Hence Samir, is a consumer as per Section 2(1) (d) of the Consumer Protection Act, 1986 and can take relief under the Consumer Protection Act, 1986.
Topics: Consumer Protection Act, 1986
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