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Showing posts from February, 2009

Consumer Protection through Class action

Exsiting legal framework All legal regimes across the globe provide for legal actions by redressal of grievances addressing commonality of rights affecting a large body of persons. The homogeneity of the class may consist of the nature of injuries similarly suffered or exposed to risks in the same accident or the wrong perpetrated by the same tort-feasor. The collective actions, also called class actions, have immense value in consumer actions claiming damages against a manufacturer and/or a retailer selling goods or against an individual or organization or corporate entity providing some service. In the case of a purchaser of goods, the damage may have resulted by defect in goods placed for consumption; in the case of a person availing of service, the complaint may be of deficiency of the service provided. The Consumer Protection Act defines the term “consumer” as a person that buys goods or a hirer of service for consideration and a “complainant”to include any registered voluntary co...