Consumer Protection Act

The moment a person comes into this would, he starts consum­ing. He needs clothes, milk, oil, soap, water, and many more things and these needs keep taking one form or the other all along his life. Thus we all are consumers in the literal sense of the term. When we approach the market as a consumer, we expect value for money, i.e., right quality, right quantity, right prices, information about the mode of use, etc. But there may be instances where a consumer is harassed or cheated.
The Government understood the need to protect consumers from unscrupulous suppliers, and several laws have been made for this purpose. We have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing) Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food Adulteration Act, the Stand­ards of Weights and Measures Act, etc. which to some extent protect consumer interests. However, these laws require the con­sumer to initiate action by way of a civil suit involving lengthy legal process which is very expensive and time consuming.

The Consumer Protection Act, 1986 was enacted to provide a sim­pler and quicker access to redressal of consumer grievances. The Act for the first time introduced the concept of ‘consumer’ and conferred express additional rights on him. It is interesting to note that the Act doesn’t seek to protect every consumer within the literal meaning of the term. The protection is meant for the person who fits in the definition of ‘consumer’ given by the Act.

Now we understand that the Consumer Protection Act provides means to protect consumers from getting cheated or harassed by suppli­ers. The question arises how a consumer will seek protection ? The answer is the Act has provided a machinery whereby consumers can file their complaints which will be entertained by the Con­sumer Forums with special powers so that action can be taken against erring suppliers and the possible compensation may be awarded to consumer for the hardships he has undergone. No court fee is required to be paid to these forums and there is no need to engage a lawyer to present the case.

Following chapter entails a discussion on who is a consumer under the Act, what are the things which can be complained against, when and by whom a complaint can be made and what are the relief available to consumers.



Who is a consumer

1.2  Section 2(d) of the Consumer Protection Act says that consum­er means any person who—

    (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 obtains 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 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;

Explanation.—For the purposes of the sub-clause (i), “commercial purpose” does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his liveli­hood, by means of self-employment.

1.2-1 Consumer of goods - The provision reveals that a person claiming himself as a consumer of goods should satisfy that—

1-2-1a THE GOODS ARE BOUGHT FOR CONSIDERATION - There must be a sale transaction between a seller and a buyer; the sale must be of goods; the buying of goods must be for consideration. The terms sale, goods, and consideration have not been defined in the Consumer Protection Act. The meaning of the terms ‘sale’, and ‘goods’ is to be construed according to the Sale of Goods Act, and the meaning of the term ‘consideration’ is to be construed according to the Indian Contract Act.

1-2-1b ANY PERSON WHO USE THE GOODS WITH THE APPROVAL OF THE BUYER IS A CONSUMER - When a person  buys goods, they may be used by his family members, relatives and friends. Any person who is making actual use of the goods may come across the defects in goods. Thus the law construe users of the goods as consumers although they may not be buyers at the same time. The words “....with the approval of the buyer” in the definition denotes that the user of the goods should be a rightful user.

Example : A purchased a scooter which was in B’s possession from the date of purchase. B was using it and taking it to the seller for repairs and service from time to time. Later on B had a complaint regarding the scooter. He sued the seller. The seller pleaded that since B did not buy the scooter, he was not a con­sumer under the Act. The Delhi State Commission held that B, the complainant was using it with the approval of A, the buyer, and therefore he was consumer under the Act.

1-2-1c ANY PERSON WHO OBTAINS THE GOODS FOR ‘RESALE’ OR COMMER­CIAL PURPOSES’ IS NOT A CONSUMER - The term ‘for resale’ implies that the goods are brought for the purpose of selling them, and the expression ‘for commercial purpose’ is intended to cover cases other than those of resale of goods. When goods are bought to resell or commercially exploit them, such buyer or user is not a consumer under the Act.

Examples :

     1.   A jeep was purchased to run it as a taxi. The question was whether the buyer of the jeep was a consumer under the Act. The Rajasthan State Commission held that to use the jeep as a taxi with the object to earn profits was a commercial purpose, and therefore, the buyer/user was not a consumer within the meaning of the Act. [Smt. Pushpa Meena v. Shah Enterprises (Rajasthan) Ltd. (1991) 1 CPR 229].

     2.   L Ltd. purchased a computer system from Z. The computer system was giving  constant trouble and Z was not attending it properly. L Ltd. filed a complaint against Z with the National Commission. Z contended that L Ltd. was not a consumer under the Act because computer system was used for commercial purposes. L Ltd. argued that computer system was not directly used of commer­cial purposes rather it was used to facilitate the work of the company. The Commission rejected the argument on the grounds that the system made part of the assets of the company, and its ex­penses were met by it out of business income. Thus the said purchase was a purchase for commercial purposes and L Ltd. was held not to be a consumer under the Act.

One thing is plain and clear from the decided cases that what is important to decide is - Whether a particular good is used for commercial purposes. If it is the buyer/user is not a consumer, and if it is not - the buyer/user is a consumer.

1.2-1d PERSON BUYING GOODS FOR SELF EMPLOYMENT IS A CONSUMER - When goods are bought for commercial purposes and such purchase satisfy the following criteria :

       -   the goods are used by the buyer himself;

       -   exclusively for the purpose of earning his livelihood;

       -   by means of self-employment,

then such use would not be termed as use for commercial purposes under the Act, and the user is recognised as a consumer.

Examples :

     1.   A buys a truck for plying it as a public carrier by himself, A is a consumer.

     2.   A buys a truck and hires a driver to ply it, A is not a consumer.

     3.   A has one cloth shop. He starts another business of a photocopier and buys a photocopy machine therefor. He hasn’t bought this machine exclusively for the purpose of earning live­lihood. He is not a consumer under the Act.

Note : That this is an exception to the rule that a buyer of commercial goods is not a consumer under the Act.

The intention of the legislature is to exclude big business houses carrying on business with profit motive from the purview of the Act. At the same time it is pertinent to save the inter­ests of small consumers who buy goods for self employment to earn their livelihood, like a rickshaw puller buying rickshaw for self employment, or a farmer purchasing fertilizer for his crops, or a taxi driver buying a car to run it as a taxi, etc.

Example : A was running a small type institute to earn his live­lihood. He purchased a photocopy machine-canon NP 150. It proved defective. He sued the seller who contended that A is not a consumer under the Act as he purchased the photocopier for com­mercial use. The Commission held that by no stretch of imagina­tion it can be said that the photocopier would bring large scale profits to A. It was a part of his small scale enterprise. He was construed as consumer under the Act.

However, if such a buyer takes assistance of two or more persons to help him in operating the vehicle or machine, etc., he does not cease to be a consumer.

Examples :

     1.   A buys a truck, ply it himself and hires a cleaner who accompany him all the time and at times drives also when A is busy otherwise, A is a consumer.

     2.   P, an eye surgeon, purchased a machine from R for the hospital run by him. The machine was found to be a defective one. R contended that P was not a consumer under the Act as the ma­chine was bought for commercial purposes. The National Commis­sion rejected this contention and held that P is a medical prac­titioner, a professional working by way of self employment by using his knowledge and skill to earn his livelihood. It was not proved by any evidence that P is running a huge hospital. Thus the purchase of machinery is in the nature of self employment. [Rampion Pharmaceuticals v. Dr. Preetam Shah (1997) I CPJ 23 (NCDRC)].

1.2-2 Consumer of services - A person is a consumer of services if he satisfy the following criteria :

1.2-2a SERVICES ARE HIRED OR AVAILED OF - The term ‘hired’ has not been defined under the Act. Its Dictionary meaning is - to procure the use of services at a price. Thus the term ‘hire’ has also been used in the sense of ‘avail’ or ‘use’. Accordingly it may be understood that consumer means any person who avails or uses any service.

Example : A goes to a doctor to get himself treated for a frac­ture. Here A is hiring the services of the doctor. Thus he is a consumer.

What constitutes hiring has been an issue to be dealt with in many consumer disputes. If it is established that a particular act constitutes hiring of service, the transaction falls within the net of the Consumer Protection Act, and vice-versa.

Examples :

     1.   A passenger getting railway reservation after payment is hiring service for consideration.

    2. A landlord neglected and refused to provide the agreed amenities to his tenant. He filed a complaint against the land­lord under the Consumer

Protection Act. The National Commission dismissed the complaint saying that it was a case of lease of immovable property and not of hiring services of the landlord. [Smt. Laxmiben Laxmichand Shah v. Smt. Sakerben Kanji Chandan [1992] 1 Comp. LJ 177 (NCDRC)].

     3.   A presented before the Sub-Registrar a document claim­ing it to be a will for registration  who sent it to the Collec­tor of Stamps for action. The matter remain pending for about six years. In the meantime A filed a complaint under the Consumer Protection Act alleging harrassment by the Sub-Registrar and Collector and prayed for compensation. The National Commission held the view that A was not a “consumer” under the CPA. Because there was no hiring of services by the complainant for considera­tion and because a Government official doing his duty as func­tionary of the State under law could not be said to be rendering a service to the complainant. [S.P. Goel v. Collector of Stamps (1995) III CPR 684 (SC)].

1.2-2b CONSIDERATION MUST BE PAID OR PAYABLE - Consideration is regarded necessary for hiring or availing of services. However, its payment need not necessarily be immediate. It can be in instal­ments. For the services provided without charging anything in return, the person availing the services is not a consumer under the Act.

Examples :

     1.   A hires an advocate to file a suit for recovery of money from his employer. He promises to pay fee to the advocate after settlement of the suit. A is a consumer under the Act.

     2.   A goes to a Doctor to get himself treated for a frac­ture. The Doctor being his friend charged him nothing for the treatment. A is not a consumer under the Act.

     3.   B issued an advertisement that a person could enter the contest by booking a Premier Padmini car. S purchased the car and thus entered the contest. He was declared as winner of the draw and was thus entitled to the two tickets from New Delhi to New York and back. S filed a complaint alleging that the ticket was not delivered to him. The National Commission held that S was not a consumer in this context. He paid for the car and got it. B was not liable so far as the contract of winning a lottery was con­cerned. [Byford v. S.S. Srivastava (1993) II CPR 83 (NCDRC)].

The Direct and Indirect taxes paid to the State by a citizen is not payment for the services rendered.


1.2-2c BENEFICIARY OF SERVICES IS ALSO A CONSUMER - When a person hires services, he may hire it for himself or for any other person. In such cases the beneficiary (or user) of these services is also a consumer.

Example : A takes his son B to a doctor for his treatment. Here A is hirer of services of the doctor and B is beneficiary of these services. For the purpose of the Act, both A and B are consumers.

Note : This is an exception to the rule of privity to the con­tract.

Note that in case of goods, buyer of goods for commercial purpose ceases to be a consumer under the Act. On the other hand, a consumer of service for commercial purpose remains a consumer under the Act.

Example : S applied to Electricity Board for electricity connec­tion for a flour mill. There was a delay in releasing the connec­tion. S made a complaint for deficiency in service. He was held a consumer under the Act. - Shamsher Khan v. Rajasthan State Elec­tricity Board (1993) II CPR 6 (Raj.).

Complaint

1.3 An aggrieved consumer seeks redressal under the Act through the instrumentality of complaint. It does not mean that the consumer can complain  against his each and every problem. The Act has provided certain grounds on which complaint can be made. Similarly, relief against these complaints can be granted within the set  pattern.

1.3-1 What constitutes a complaint [Section 2(1)(c)] - Complaint is a statement made in writing to the National Commission, the State Commission or the District Forum by a person competent to file it, containing the allegations in detail, and with a view to obtain relief provided under the Act.

1.3-2 Who can file a complaint [Sections 2(b) & 12] - At the outset it is clear that a person who can be termed as a consumer under the Act can make a complaint. To be specific on this ac­count, following are the persons who can file a complaint under the Act :

   (a)   a consumer; or

   (b)   any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force, or

   (c)   the Central Government or any State Government,

   (d)   one or more consumers, where there are numerious con­sumers having the same interest.

In addition to the above following are also considered  as a consumer and hence they may file a complaint :

Beneficiary of the goods/services : The definition of consumer itself includes beneficiary of goods and services - K.B. Jayalax­mi v. Government of Tamil Nadu 1994(1) CPR 114.

Where a young child is taken to the hospital by his parents and the child is treated by the doctor, the parents of such a minor child can file a complaint under the Act - Spring Meadows Hospi­tal v. Harjot Ahluwalia JT 1998(2) SC 620.

Legal representative of the deceased consumer : The Act does not expressly indicate that the LR of a consumer are also included in its scope. But by
operation of law, the legal representatives get clothed with the rights, status and personality of the deceased. Thus the expression consumer would include legal representative of the deceased consumer and he can exercise his right for the purpose of enforcing the cause of action which has devolved on him - Cosmopolitan Hospital v. Smt. Vasantha P. Nair (1) 1992 CPJ NC 302.

Legal heirs of the deceased consumer : A legal heir of the de­ceased consumer can well maintain a complaint under the Act - Joseph Alias Animon v. Dr. Elizabeth Zachariah (1) 1997 CPJ 96.

Husband of the consumer : In the Indian conditions, women may be illiterate, educated women may be unaware of their legal rights, thus a husband can file and prosecute complaint under the Consum­er Protection Act on behalf of his spouse - Punjab National Bank, Bombay v. K.B. Shetty 1991 (2) CPR 633.

A relative of consumer : When a consumer signs the original complaint, it can be initiated by his/her relative - Motibai Dalvi Hospital v. M.I. Govilkar 1992 (1) CPR 408.

Insurance company : Where Insurance company pays and settles the claim of the insured and the insured person transfers his rights in the insured goods to the company, it can file a complaint for the loss caused to the insured goods by negligence of goods/service providers. For example, when loss is caused to such goods because of negligence of transport company, the insurance company can file a claim against the transport company - New India Assurance Company Ltd. v. Green Transport Co. II 1991 CPJ (1) Delhi.

1.3-3 What a complaint must contain [Section 2(1)(c)] - A com­plaint must contain any of the following allegations :

   (a)   An unfair trade  practice or a restrictive trade prac­tice has been adopted by any trader;

           Example : A sold a six months old car to B representing it to be a new one. Here B can make a complaint against A for following an unfair trade practice.

   (b)   The goods bought by him or agreed to be bought by him suffer from one or more defects;

           Example : A bought a computer from B. It was not work­ing properly since day one. A can make a complaint against B for supplying him a defective computer.

   (c)   The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect.

           Example : A hired services of an advocate to defend himself against his landlord. The advocate did not appear every time the case was scheduled. A can make a complaint against the advocate.

   (d)   A trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods.
Para 1.3

  (e)   Goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the time being in force requir­ing traders to display information in regard to the contents, manner and effect of use of such goods.

           Example : A bought a tin of disinfectant powder. It had lid which was to be opened in a specific manner. Trader did not inform. A about this. While opening the lid in ordinary way, some powder flew in the eyes of A which affected his vision. Here A can make a complaint against the trader.

Note : The terms ‘unfair trade practice’, ‘restrictive trade practice’, ‘Goods’, ‘Defect’, ‘service’, ‘Deficiency’, ‘trader’, ‘Excess price’, and ‘Hazardous goods’ have been discussed in detail in the chapter separately.

1.3-4 Time frame within which a complaint can be filed - Section 24A of the Act provides that a consumer dispute can be filed within two years from the date on which the cause of action arises.

Since this provision was inserted in the Act in 1993, before that the Consumer Forums were following the Limitation Act, 1963, which says that a suit can be filed within three years after the cause of action arises.

The point of time when cause of action arises is an important factor in determining the time period available to file a com­plaint. There are no set rules to decide such time. It depends on the facts and circumstances of each case.

Examples :

     1.   A got his eye operated by B in 1989. He got a certifi­cate of blindness on 18th December, 1989. He was still in hope of gaining his sight and went from second operation in 1992 and was discharged on 21-1-1992. He filed a complaint against B on 11-1-1994. B opposed on the ground that more than 2 years were over after 18-12-1989, thus the complaint is not maintainable. The Commission held that here the cause of action for filing the complaint would arose after the second operation when A lost entire hope of recovery. Thus the suit is maintainable - Mukund Lal Ganguly v. Dr. Abhijit Ghosh III 1995 CPJ 64.

     2.   A house was allotted on 1-1-1999. Defects appeared in the house on 10-1-1999. Here the cause of action will arise on 10-1-1999.

It may be noted that these time frames are not absolute limita­tions. If the Consumer Forum is satisfied that there was suffi­cient cause for not filing the complaint within the prescribed period, it can entertain a complaint beyond limitation time. However the Forum must record the reasons for condonation of delay.

Example : A deposited some jewellery with a bank. Bank lost it. Bank kept giving her false sense of hope to retrieve the jewel­lery, and thus A was put in a state of inaction. Later on when A filed a suit on the Bank, it claimed that the suit was not main­tainable as the limitation time after the cause of action arose has lapsed. The Commission reprimanded the bank and admitted the case - Agnes D’Mello v. Canara Bank [1992] I CPJ 335 (NCDRC).

1.3-5 Relief available against complaint [Sections 14 and 22] - A complainant can seek any one or more of the following relief under the Act:
(a)   to remove the defect pointed out by the appropriate laboratory from the goods in question;

   (b)   to replace the goods with new goods of similar descrip­tion which shall be free from any defect;

   (c)   to return to the complainant the price, or, as the case may be, the charges paid by the complainant;

   (d)   to pay such amount as may be awarded by it as compensa­tion to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party;

   (e)   to remove the defects or deficiencies in the services in question;

    (f)   to discontinue the unfair trade practice or the re­strictive trade practice or not to repeat it;

   (g)   not to offer the hazardous goods for sale;

   (h)   to withdraw the hazardous goods from being offered for sale;

    (i)   to provide from adequate costs to complainant.

1.3-6 When a complaint cannot be filed - A complaint on behalf of the public which consists of unidentifiable consumers cannot be filed under the Act.

Example : A complaint was filed on the basis of a newspaper report that passengers travelling by flight No. 1C-401 from Cal­cutta to Delhi on May 13, 1989 were made to stay at the airport and the flight was delayed by 90 minutes causing great inconven­ience to the passengers. It was held that such a general com­plaint cannot be entertained. No passenger who boarded that plane came forward or authorised the complainant to make the complaint - Consumer Education and Research Society, Ahmedabad v. Indian Airlines Corporation, New Delhi (1992) 1 CPJ 38 NC.

A complaint by an individual on behalf of general public is not permitted - Commissioner of Transport v. Y.R. Grover 1994 (1) CPJ 199 NC.

An unregistered association cannot file a complaint under the Act.

Example : The complainant was an association formed in the Gulf and was unregistered in India. It was held that since the peti­tioner was not a voluntary organization registered under any law in force in India, cannot come within clause (d) of section 2(1) of the Act and hence can’t file a complaint - Gulf Trivendrum air Fare Forum v. Chairman & Managing Director, Air India 1991 (2) CPR 129.

A complaint after expiry of limitation period is not permitted. A complaint cannot be filed after the lapse of two years from the date on which the cause of action arise unless the Forum is satisfied about the genuineness of the reason for not filing complaint within the prescribed time.

Example : A supplied defective machinery to B on 12-1-1998. B filed a suit against A on 10-3-2001. It was not admitted before the Forum for the reason that the time available to make complaint lapsed.

1.3-7 Dismissal of frivolous and vexatious complaints - Since the Act provides for an inexpensive procedure (Court fees is not charged in consumer complaints under the Act) for filing com­plaints, there is a possibility that the Act is misused by people for filing vexations claims. To discourage frivolous and vexa­tious claims, the Act has provided that such complaints will be dismissed and the complainant can be charged with the costs not exceeding Rs. 10,000.

Example : A filed a complaint against B to recover compensation of
Rs. 55,99,000 with the motive of indulging in speculative litigation taking undue advantage of the fact that no court fee was payable under the Consumer Protection Act. The National Commission held that the complainant has totally failed to make a case against B, and dismissed the complaint as frivolous and vexatious imposing Rs. 10,000 as costs to A - Brij Mohan Kher v. Dr. N.H. Banka I 1995 CPJ 99 NC.

Unfair Trade Practice and Restrictive Trade Practice
1.4 We have discussed that a consumer can make a complaint when an unfair or a restrictive trade practice is followed by a trad­er. What can be termed as an unfair or a restrictive trade prac­tice is another question of law.

1.4-1 What is an Unfair Trade Practice - The Act says that, “unfair trade practice” means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provison of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely—

(1) The practice of making any statement, whether orally or in writing or by visible representation which—

    (i)   falsely represents that the goods are of particular standard, quality, quantity, grade, composition, style or model;

   (ii)   falsely represents that the services are of a particu­lar standard, quality or grade;

(iii)   falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods;

  (iv)   represents that the goods or services have sponsor­ship, approval performance, characteristics, accessories, uses or benefits which such goods or services do not have;

   (v)   represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;

  (vi)   makes false or misleading statement concerning the need for, or the usefulness of, any goods or services;

(vii)   gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof;

(viii)   makes to the public a representation in a form that purports to be a warranty or guarantee of a product or of any goods or services; or 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 perported 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 suppliers generally in the rele­vant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf other representation is made;

   (x)   gives false or misleading facts disparaging the goods, services or trade of another person.

Note : A statement is said to be made to public when it is—

   (a)   expressed on an article offered or displayed for sale, or on its wrapper or container; or

   (b)   expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or

   (c)   contained in or on anything that is sold, sent, deliv­ered, transmitted or in any other manner whatsoever made avail­able to a member of the public, by the person who had caused the statement to be so expressed, made or contained.

(2) Permits the publication of any advertisement whether in any newspaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement.

Note : “Bargain price” means—
 (a)   a 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 bargain price having regard to the prices at which the product advertised or like products are ordinarily sold.

(3) Permits 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 transac­tion as a whole; or the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indi­rectly, the sale, use or supply of any product or any business interest;

(4) Permits the sale or supply of goods intended to be used, or are of a kind likely to be used, by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, compo­sition, contents, design, constructions, finishing
or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;

(5) Permits the hoarding or destruction of goods, or refuses to sell the goods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services.

India’s Next Prime Minister ..

Election season took off in India today, as television cameras tracked the vehicle of Gujarat Chief Minister Narendra Modi from the New Delhi airport to a board meeting of the Bharatiya Janata Party (BJP) in the capital. By evening, the long-anticipated deed was done: The divisive and charismatic Modi had been chosen by the nation’s main opposition party as their official prime ministerial candidate. Despite fierce objections within the BJP’s upper ranks, party president Rajnath Singh named the chief minister of the western Indian state to helm the party’s push toward national elections scheduled next year— and kicked the ball squarely into the ruling Congress Party’s court.

In some ways, this wasn’t the biggest news of the day in India. In the hours leading up to the announcement, the long-awaited verdict came down in the infamous Delhi rape case, with all four men found guilty sentenced to death. India’s Twittersphere exploded with a spasm of angst over violence against women and capital punishment in India, where the death penalty is reserved for the “rarest of the rare” cases.

A few short years ago, Modi’s ascension to the top political circles in the world’s largest democracy would have caused its own social media furor. The ambitious politician, though never convicted, has never been able to shake allegations that he failed to intervene in anti-Muslim riots that erupted in Gujarat on his watch in 2002. As many as 1000 Muslims were killed in days of violence that gripped the state, and for several years after, critics who blamed Modi for inflaming the rioters felt reasonably assured that he could never be considered a viable candidate for prime minister in a nation where over 13% of the population is Muslim. In 2005, he was denied a visa to the U.S., and he has has not visited the country since.

But at home, as the skilled politician built up accolades for the efficient management and relative prosperity of Gujarat, voters have kept him in power, and BJP leaders have embraced him as the best chance for the party in 2014. Many Modi detractors have watched in disbelief as support for him has risen; in one recent poll, he was preferred as the next leader of the nation over Congress political scion Rahul Gandhi, with 19% of respondents saying they would choose Modi as PM and only 12% saying the same for Gandhi.

How Modi’s divisive persona will play out amongst voters over the next year is far from clear. Internally, Modi’s top-down leadership style has come under scrutiny as a potential liability in India’s often-fragile coalition politics. ‘NaMo’ has also created a rift in his own party. Veteran BJP operator L.K. Advani, who reportedly harbors his own prime ministerial ambitions, has refused to give his consent to his junior’s promotion, raising objections that the controversy surrounding the candidate will draw votes away from the party in key states. In a show of protest, Advani did not attend the meeting in Delhi on Friday. “I promise that in the 2014 election, the BJP will emerge victorious,” Modi told reporters after the meeting. “The party will work hard and we will leave no stone unturned.”

If Modi does hurt the BJP as the chosen frontrunner, the party may squander an opportunity handed to them by an embattled Congress-led government. In a July poll conducted by CNN-IBN-The Hindu, only 38% of India’s urbanites were satisfied with the government’s performance, down from 49% in 2011. A loss of confidence in India’s economic miracle and the stench of scandal that has clung to the ruling United Progressive Alliance (UPA) coalition in its second term has opened the door wide for the opposition to make its case to voters in the world’s largest democracy that it’s time for a changing of the guard.

The Congress Party has been trying to shore up support, taking a series of decisive steps to get the economy back on track and successfully pushing through new laws that will appeal to its own vote base, including bills that provide more food support to poor families and firmly support farmers’ land rights against big development.

But with Modi front and center, the party will need to do much more — including anoint its own frontrunner to explain to 1.2 billion Indians why Congress is still the right choice for the country. Rahul Gandhi, the son of Congress Party leader Sonia Gandhi, is in a natural position to take on the job. But he has not shown any particular zeal for the role, and it is unclear when and if he will ever willingly step forward. One thing is certain: If Congress doesn’t find somebody for the job soon, they risk letting the next few months shape up to be a one-man race.

Some of the famous monuments in India

India is famous around the world for its historical importance and rich culture. There are many tourist destinations in India that are known for its historical value. There are a large number of monuments in India that represents the old culture of India and many of these monuments are recognized as world heritage.

Monuments were made by emperors in ancient times to commemorate their loved ones or any event of utmost importance. Many monuments made in that era are so beautiful that you will amaze to look at their beauty. Most of these monuments in India are an example of intelligent architecture that is almost impossible to replicate in today's world.

Some of the famous monuments in India are:

Taj Mahal:
Taj Mahal in Agra is the most beautiful monument not only of India but of entire world. That's way it is listed in 7 wonders of world. Made by emperor Shahjahan, this palace is visited by thousands of visitors per month.

Red Fort:

Red Fort in Delhi is another famous world heritage site and a famous monument of India. Independence Day and Republic Day celebrations take place here, thus making it an important place in India.

Qutub Minar:

Qutub Minar is another key monument of India located in Delhi. It was built by Qutbuddin Aybak in year 1193. This is the tallest monument of India and is a popular tourist destination for visitors.

Char Minar:

Char Minar is a beautiful monument in Hyderabad, the capital of Andhra Pradesh. This is a square shaped structure with 4 minarets. There is a market near this monument where you can enjoy shopping.

Sanchi Stups:

Sanchi Stups are in Bhopal and are known as the meditation centers for Buddhists. These Stups are made in somewhat oval shape are built by Emperor Ashoka in third century.



Golden Temple and Wagah Border in India

Golden Temple:

The Golden temple or The Harminder Sahib is the most significant place for the Sikhs to worship. Located in Amritsar in Punjab state, it was established by Guru Ram Das Ji who was the fourth Sikh guru. It is considered as the holiest shrine of Sikhs all over the world. The holy book of the Sikhs, the Guru Granth Sahib is present inside the shrine. The most striking feature of this beautiful shrine is its exteriors which are made up of pure gold. It is probably the only structure of its kind. It is one of the most pure and spiritual places in India which is open for peoples of any religion and nationality. It is visited annually by millions of tourist, both Indians and foreigners.

Wagah Border:

Wagah Border is the only road border crossing between India and Pakistan. It is also called as Berlin Wall of Asia. Wagah is a village through which Radcliffe Line was drawn that separates India and Pakistan. It is a ceremonial border on the India-Pakistan border. You can witness the retreat ceremony here every evening. The eastern half of the village is in India and the western half is in Pakistan. Every evening large number of people assembles here to see flag lowering ceremony.

Democracy in India

 Democracy in India, according to Abraham Lincoln, is measured as a two – thirds democracy only. In India, we have a government of the people and by the people but it is not for the people. For a full – fledged democracy in India, there are three things need. Firstly, the citizens must be educated and literate to understand the politics so the government is really effective. Secondly, the government must be transparent. And lastly, the citizens must have the freedom of information and access to that information.
If Indian democracy has to be really on these lines we have to build the National Information Infrastructure. Every public call office must provide access to the data with the government both at the Centre and in the states freely, and also, all this data must be available in Indian languages. But to achieve this meaningfully and also the type of growth rates the Asian Tigers achieved, despite the recent temporary setback on the currency fron,t education is the key. A nation which is half illiterate cannot face the challenges of the 21st century. Education is the route for a variable democracy as well as the economic development of the country. We need to focus on the spread of the primary education for all the masses living in remote areas of the country. But in today’s scenario, it is seen that there is a close linkage between the local politicians and vested interests. Starting from the appointment of the teachers and their transfers to the required places of interest, it is evident that in many states, primary education and perhaps the secondary education too is highly politiczed. We find that even though attractive salaries are given to the primary school teachers, many of the single teacher schools are not at all effective in creating interest in people towards need of education. At the same time, there are reports that even the poor parents want their children to go to public school and study. They are prepared to pay even higher fees for the same.
In a democratic country like India, nothing happens unless there is a political will. The government must think definitely at this point. The Indian democracy will get organized only under two circumstances. The first one is if there is acrisis. The second situation is when there is a perceived and immediate advantage in terms of electoral gains. After all, unemployment is a national problem and to the extent we are able to provide avenues for removing unemployment, it will be a politically popular vote gathering measure. It is seen that under the various employment generation and poverty alleviation schemes like Prime Minister’s Rojgar Yojana and the Integrated Rural Development Programme, thousands of lakhs of rupees are being spent. Instead of spending such huge amounts without any effective results, the educated youth can become teachers and give tuitions to the poor masses in the villages and they can be given the same amount available under various schemes. In this way, the funds will be better utilized and there will also be a direct link between efforts for the removal of unemployment and illiteracy. All this would be best to establish a good democracy in India.
Parliamentary democracy all over the world has become largely Prime ministerial systems of governance and are in effect quasi presidential. Prime ministers now tend to be a great deal more than first among equals. As an inevitable consequence of rise of political parties as the key to electoral systems, the focus of real power has shifted from parliament to the cabinet and from the cabinet to the Prime Minister. Today bureaucracy has wielded real power behind what may be called the cloak of cabinet dictatorship. Historically, the greatest contribution of our struggle for independence was to give India a strong political and democratic sense of nationhood. The constitution of India was based on that sense of one nation. That is why the preamble of the constitution speaks of “We the people of India” with a singular solidarity; that is why the lok sabha and the rajya sabha are based on demographic proportions and not on the basis that the India union is some confederal alliance of states; that is why Union Parliament was meant to be the grand inquest of the nation. That is why the distribution of powers between the states and the centre tends to learn decisively in favour of the Centre.
Over the years, it has been endeavoured to find functionally better democratic federal balance without impairing the one nation concept. The institution of the prime minister and his or her election by the majority in the lok sabha is an institutional expression of that concept. Freedom of inter-state commerce throughout India and freedom of movement and residence anywhere in India is the hallmark of our common citizenship.

States and there capitals

S.no              State                              Capital
1       Andhra Pradesh       ---------  Hyderabad
2      Arunachal Pradesh   ----------  Itanagar
3       Assam   ---------------------- Dispur
4       Bihar  ------------------------  Patna
5      Chhattisgarh   ----------------- Raipur
6      Goa -------------------------   Panaji
7      Gujarat  ---------------------  Gandhinagar
8      Haryana  --------------------  Chandigarh
9      Himachal Prade-------------   Shimla
10    Jammu and Kashmir  --------  Srinagar (summer), Jammu (winter)
11    Jharkhand   ------------------ Ranchi
12    Karnataka  ------------------ Bengaluru
13    Kerala ---------------------   Thiruvananthapuram
14    Madhya Pradesh  -----------  Bhopal
15    Maharashtra  ----------------  Mumbai
16    Manipur --------------------   Imphal
17    Meghalaya -----------------   Shillong
18    Mizoram -------------------   Aizawl
19    Nagaland  -------------------  Kohima
20    Orissa-----------------------   Bhubaneswar
21    Punjab ---------------------   Chandigarh
22    Rajasthan  ------------------   Jaipur
23    Sikkim  --------------------   Gangtok
24    Tamil Nadu  ---------------   Chennai
25    Tripura  --------------------  Agartala
26    Uttar Pradesh  --------------  Lucknow
27    Uttarakhand   --------------  Dehradun
28    West Bengal --------------    Kolkata
         
 
S.no    Union Territories    Capital
 
1    Andaman and Nicobar Islands -----  Port Blair
2    Chandigarh ------------------------  Chandigarh
3    Dadar and Nagar Haveli -----------  Silvassa
4    Daman and Diu  -------------------  Daman
5    Delhi   -----------------------------  Delhi
6    Lakshadweep   --------------------- Kavaratti
7    Pondicherry  -----------------------  Pondicherry

" Howrah Bridge " in Kolkata

The end of the 17th Century Kolkata witnessed the gradual emergence of the city of Kolkata brought about by the merger of three villages - Kolkata, Sutanati & Gobindapur, on the eastern bank of the river Hooghly, the other name of River 'Ganga'. On the western bank, Howrah came up as a bustling site of commerce.

    The twin cities of Calcutta (re-named as Kolkata in the year 2001), and Howrah , were separated by the River Hooghly, and shared a common historical linkage towards the eventual construction of the Rabindra Setu, more commonly known as Howrah bridge. While Kolkata, from a small sleeping hamlet of artisans and mercantile community eventually developed , as a commercial hub of a modern metropolitan city , Howrah (virtually the store house of raw material resources) became its industrial satellite.

    Kolkata was declared the capital of India by the British and remained so till 1911. The railway station at Howrah set up in the year 1906 and the bridge (later popularly known as Howrah Bridge) thus served as the logistic link with the country's one of the oldest metropolies, Kolkata. The Legislative department of the then Government of Bengal passed the Howrah Bridge Act, in the year 1871, under the Bengal Act IX of 1871.
Sir Bradford Leslie's famous floating pontoon bridge, the earlier avatar of the modern Howrah Bridge, was initially set up   in 1874, almost coinciding with the establishment of the port of Calcutta in 1870 For the convenient plying of passenger and vehicular traffic, the pool was connected as a whole. However, this was unfastened everyday, particularly during the night for safe passage of steamers, boats and other marine vehicles. From 19th August, 1879, the bridge was illuminated by fixing electric poles at the centre.This was done by using the electricity rendered from the dynamo at the Mallick GhatPumping Station. The Bridge was then 1528 ft. long and 62 ft. wide. On both sideswere pavements 7 ft. wide for the sake of pedestrians. The 48 ft. road in between,was for plying of traffic."

 The emergence of Kolkata as the political capital of the nation and expanding volume of merchandise routed through the port of Kolkata had a synergistic effect on the commercial importance of the bridge.  The location of the initial pontoon bridge, was around 100 yards down-stream of the present Howrah Bridge (renamed as Rabindra Setu in the year 1965) after Rabindranath Tagore, the philosopher - bard and one of the most important nineteenth century renaissance personalities to leave a lasting impression on modern India.  The Early Initiatives
    The newly appointed Port Commissioners in 1871 were also appointed Bridge Commissioners and were enjoined to take charge of the structure . The Commissioners took over the management of the Howrah Bridge in February, 1875. Since the early part of the 20th Century, the bridge showed signs of duress for catering to the increased traffic load. The Commissioners of Port of Calcutta instituted a Committee under the convenorship of Mr. John Scott, the then Chief Engineer of the Port. The other members included Mr. R.S. Highet, Chief Engineer, East Indian Railway and Mr. W.B. MacCabe Chief Engineer, Calcutta Corporation.
 The telling observations made by the Committee make a fascinating reading even today. The committee observed that "bullock carts formed the eight - thirteenths of the vehicular traffic (as observed on 27th of August 1906, the heaviest day's traffic observed in the port of Commissioners" 16 day's Census of the vehicular traffic across the existing bridge). The road way on the existing bridge is 48 feet wide except at the shore spans where it is only 43 feet in road ways, each 21 feet 6 inches wide. The roadway on the new bridge would be wide enough to take at least two lines of vehicular traffic and one line of trams in each direction and two roadways each 30 feet wide, giving a total width of 60 feet of road way which are quite sufficient for this purpose.................... The traffic across the existing floating bridge Calcutta & Howrah is very heavy and it is obvious if the new bridge is to be on the same site as the existing bridge, then unless a temporary bridge is provided, there will be serious interruptions to the traffic while existing bridge is being moved to one side to allow the new bridge to be erected on the same site as the present bridge".




Howrah Bridge – The Bridge without Nuts & Bolts!

How about visiting a vintage bridge which has no nuts & bolts in its construction but still standing tall for the last 66 years? Hard to believe? The Bridge in concern - one of the busiest in the world - is located at Howrah in West Bengal. The Howrah bridge, the sixth longest of its type, has been an emblem of the city of Kolkata from its inception. So much so that the world knows Kolkata by its trams, the Victoria Memorial, and of course the Howrah Bridge. Opened to traffic in 1943, the construction of the bridge was started in 1937. The bridge has remained one of the most renowned landmarks of Kolkata. More than 150,000 vehicles and 4,000,000 pedestrians cross over the bridge every day. Technically speaking, Howrah Bridge is a "Cantilever Truss" bridge, constructed entirely by riveting, without nuts or bolts!

The present bridge, initially named the “New Howrah Bridge” was built between 1937 and 1943. On June 14, 1965 it was rechristened to Rabindra Setu, after the first Indian Nobel laureate Rabindranath Tagore. The bridge is exposed to traffic 24 hours a day except for Inter- State transport buses, goods vehicles, and All India Tourist buses. At night, only three wheelers and goods vehicles are allowed to pass. To monitor deck level traffic and the same along the river, CCTV is being used.
A Cantilever bridge is a type of bridge constructed using cantilevers only. Cantilevers are constructions that protrude horizontally into space, secured on one end of the structure! In case of small footbridges the technique is quite simple however, for huge bridges the volume of work is enormous. Steel truss cantilever (STC) was one of the newer technologies in the 1930s which was used in building Howrah Bridge. The advantage of STC was the lack of complexity in designing and implementation that included little or no falsework. Falsework, in layman’s term, is the temporary construction, provided externally to a structure, till the time it needs no extraneous support to stand on its own architecture. For lovers of vintage architecture, the finest example of the above mentioned architecture lies en route Kolkata.
If you are touring Kolkata, then the Howrah Bridge over the river Hooghly is the first link to this city, as you approach it by train. There are two more bridges connecting the city of Howrah and Kolkata – Vidyasagar Setu and Vivekananda Setu. The gigantic railway station in Howrah is one of the biggest stations in the world. The railway terminal caters to both intra-state and inter-state trains. For travellers a must-see place to visit is the Botanical Garden in Shibpur, the largest of its kind in the country. You can also spend some time in “The Bengal Engineering College” at Shibpur, one of the oldest technical Institutes in the country. If you want a place to de-stress yourself, then visit the “Belur Math”, headquarter of Ramakrishna Mission. The serenity of the place lets you forget all your torments and tensions.

Notable features of the Howrah Bridge:
 
   
705 meters in length, 97 feet in width, 82 meters in height
   
26,500 plus mega tonne of high-tensile steel was used
   
Suspension type Balanced Cantilever
   
325 ft, length of each anchor arm
   
468 ft, length of each Cantilever arm
   
564 ft, suspended span
   
Deck width 71 ft, footpath 15 feet on either side
   
No nuts & bolts
   
Total 8 articulation joints, 3 at each of the cantilever arms, and 2 in the suspended portions
   
Carriageway Minimum headroom is 5.8 m
   
River traffic freeboard is 8.8 m
   
Ranks sixth in World’s top 10 longest Cantilever bridges


    

"Delhi" The capital of India

Delhi is the traditional and present day capital of India. It is the third largest city of the world. It is also the second largest metropolis after Mumbai with a population of over 13 million. Delhi is also one of the oldest continually inhabited cities of India.

Delhi stands in a triangle formed by the Yamuna river in the east and spurs from the Aravalli range in the west and south. It is surrounded by Haryana on all sides except east where it borders with Uttar Pradesh, Delhi has a semi-arid climate with high variation between summer and winter temperature.

As evidenced by archaeological relics, human inhabitation was probably present in and around Delhi during the second millennium B.C. This city is believed to be the site of Indraprastha, legendary capital of the Pandavas in the Indian epic, the Mahabharata. It has been ruled by many dynasties Prithvi Raj Chauhan was one of the last Rajput rulers of Delhi.

In the early 13th century the city passed into the hands of five successive Turkish and Afghans dynasties of Delhi. They built a sequence of forts and townships that are parts of the seven cities of Delhi. in 1526, Zahiruddin Babur defeated the last Lodhi Sultan and founded Mugal empire. Delhi came under the British control after the Indian Rebellion of 1857. The British declared Calcutta as official capital. But in 1911 Delhi was again made the capital of India. It was made a Union Territory in 1956.

After Independence on 15th August 1947, Delhi was officially declared as the Capital of republic. The 69th constitutional amendment is a milestone in Delhi's history. In 1991, Delhi was declared as the National Capital Territory. The National Capital Territory comprise nine districts, 158 villages and 62 towns.

Being the Capital of India, Delhi is the centre stage of all political activities. It is in Delhi that political fortunes are made or marred and the nation's destiny is written. Once it was the city of royal power. Later it was seat of colonial power. Then it was a centre of bureaucratic power. Now it is emerging as important sector of corporate power too.

The principal food crops of Delhi are wheat, bajra, jowar, gram and maize, however emphasis has now shifted from food crops to vegetable and fruit crops, dairy and poultry farming, floriculture etc. These are more remunerative than food crops in the territory.

Delhi is not only the largest commercial centre in northern India, but also the largest centre of small industries. These unites manufacture a wide variety of items like television, tape recorders, light engineering machines and automobile parts, sports goods, bicycles and PVC goods, softwares etc. Delhi is one of the main hubs of North India's trading and service industry. The IT sector, handloom, fashion, textile and electronic industry contributes a lot to Delhi's economy.

Each year Delhi draw a huge number of tourists. The sites of interest are categorized in three areas. First, the British build New Delhi with all its government buildings. Second, all the historical monuments which have been left by the dynasties, who ruled Delhi. At third place, there are some great religious places. Some of the worth visiting places are - India Gate, Rashtrapati Bhavan, Red Fort, Qutub Minar, Humayun's tomb, Jama Masjid, Jantar Mantra, Laxmi Narayan Mandir, Birla Mandir, Lotus Temple etc.

Delhi Tourist and Transportation Development Corporation Limited conducts city sightseeing and excursion tours. The corporation has also introduced adventure tourism activities like Para-sailing, rock climbing and boating in Delhi. The corporation has also developed 'Delhi Haat' where beverages and food items of different states are available in one place. More such Haats are planned in different parts of Delhi. The 'Garden of Five Sense' in south Delhi also attracts a lot tourist.

Being a cosmopolitan city, all major festivals of India are celebrated here. Moreover some tourism festivals have become regular annual events of Delhi. Delhi tourism and Transportation Development Corporation organizes Roshanara Festival, Shalimar Festival ,Jahan- e- Khusrao Festival and Mango Festival every year. The Republic Day celebration, Independence day celebration, Surajkund Craft fair, Indian International Trade Fair are also some occasions which draw attention of a huge number of tourists. Delhi is well connected by roads, trains and air with all parts of India. It has three airports, three major railway stations, and three inter state bus terminals. Delhi Metro Service is also very important in connecting important places within the city.

Delhi's culture is diverse because of huge influx of migrants from different pars of the country. The amalgamation of various companies, traditions and religion has painted Delhi in colors which are brought all over India. People belonging to various castes and cultures live in Delhi. As a result, all major festivals are celebrated with equal fervor and gaiety.

Delhi has alluring charm, unique diverse culture and history to be proud of. The geographical location, people, government industry, modernity and hospitality make Delhi fascinating for any visitor. Important developments are taking place in every field. Delhi is getting outstanding fame and recognition internationally also. Delhi is always been a hub of activity, art, culture, fashion etc and will continue to be so.

The Indian capital city of Delhi has a long history, including a history as the capital of several empires. The earliest architectural relics date back to the Maurya Period (c. 300 BC); since then, the site has seen continuous settlement. In 1966, an inscription of the Mauryan Emperor Ashoka (273-236 BC) was discovered near Srinivaspur. Two sandstone pillars inscribed with the edicts of Ashoka were brought to by Firuz Shah Tughluq in the 14th century. The famous Iron pillar near the Qutub Minar was commissioned by the emperor Kumara Gupta I of the Gupta dynasty (320-540) and transplant Delhi during the 10th century. Eight major cities have been situated in the Delhi area. The first five cities were in the southern part of present-day Delhi.

Though settlements have been dated to have been taking place in Delhi for millennia, there is no record to stand by that claim. Delhi is generally considered a close to 5000-year old city, as per Ancient Indian text The Mahabharata, since the first ever mention of the city is found in this religious scripture. Therefore, except the scripture and some related heritage like the Yogmaya Temple, archaeological evidences to book the city's Ancient history are as good as naught. As a result, Delhi's Ancient history finds no records and this period may be regarded as the lost period of its history. Extensive coverage of Delhi's history begins with the onset of the Delhi Sultanate in the 12th century. Since then, Delhi had been the seat of Islamic and British rulers until India's independence in 1947.

The core of Delhi's tangible heritage is Islamic, spanning over seven centuries of Islamic rule over the city, with some British-styled architectures and zones in Lutyens' Delhi dating to the British rule in India. Whatever records exist of Delhi- in the form of scriptures or archaeological evidences, they crown Delhi as the Capital city of some empire or the other all through, with minor random breaks in between, making Delhi one of the longest serving Capitals and one of the oldest inhabited cities in the world.It is considered to be a city built, destroyed and rebuilt several times, as outsiders who successfully invaded the Indian Subcontinent would ransack the existing capital city in Delhi, and those who came to conquer and stay would be so impressed by the city's strategic location as to make it their capital and rebuild it in their own way.