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TMI BlogDefinitionsX X X X Extracts X X X X X X X X Extracts X X X X ..... means— ( i ) any establishment described as a branch by the opposite party; or ( ii ) any establishment carrying on either the same or substantially the same activity as that carried on by the head office of the establishment;] ( b ) "complainant" means— ( i ) a consumer; or ( ii ) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or ( iii ) the Central Government or any State Government; [( iv ) one or more consumers, where there are numerous consumers having the same interest;] [ ( v ) in case of death of a consumer, his legal heir or representative; ] who or which makes a complaint; ( c ) "complaint" means any allegation in writing made by a compla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho,— ( i ) buys any goods 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 user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who ob tains such goods for resale or for any commercial purpose; or ( ii ) hires [or avails of] any services for a consideration which has been paid or promised or partly paid and partly prom ised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires [or a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods as defined in the Sale of Goods Act, 1930 (3 of 1930); [ ( j ) "manufacturer" means a person who— ( i ) makes or manufactures any goods or part thereof; or ( ii ) does not make or manufacture any goods but assembles parts thereof made or manufactured by others; or ( iii ) puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer; ] [( jj ) "member" includes the President and a member of the National Commission or a State Commission or a District Forum, as the case may be;] ( k ) "National Commission" means the National Consumer Disputes Redressal Commission established under clause ( c ) of section 9; ( l ) "notification" means a notification published in the Official Gazette; ( m ) "person" incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; [ ( oo ) "spurious goods and services" mean such goods and services which are claimed to be genuine but they are actually not so; ] ( p ) "State Commission" means a Consumer Disputes Redressal Commission established in a State under clause ( b ) of section 9; ( q ) "trader" in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distribut ed in package form, includes the packer thereof; [( r ) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) a warranty or guarantee of a product or of any goods or services; or ( ii ) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out; ( ix ) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise, or ( b ) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold; ( 3 ) permits— ( a ) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transac tion as a whole; ( b ) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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