CLAT Sample Paper CLAT Sample Paper-4

  • question_answer
    Direction: Given below are the statements of facts of the case. After statement of facts, legal principles are given apply the principles to the facts of the case and select the most appropriate answer from among the four alternatives.
    Principle A consumer is a person, who buys any goods or services for a consideration and uses the goods for non-commercial purposes. Exclusive use of the goods for the purposes of earning his livelihood, by means of self-employment is not considered as commercial use. A consumer can approach a consumer forum if there is a deficiency in goods or service.
    Facts 'A', a taxi driver received a car music system for free, from an electronic company through a draw of lots and installed the same in his taxi. Sometime later, the music system stopped working. 'A' approached the electronic company for a replacement but the company kept delaying. Can 'A' sue the company in a consumer forum?

    A)  Yes, 'A' is not using the music system for any commercial purpose. He is just playing a taxi for earning his livelihood

    B)  Yes there is a deficiency in goods since the music system became non-functional

    C)  No, 'A' is using his taxi for ferrying passengers, which is a commercial purpose. Hence, he is not a consumer

    D)  No, 'A' is not a consumer since he has not paid any consideration for the music system

    Correct Answer: D

    Solution :

    According to the principle given here, a consumer is a person who buys any goods or services for a consideration and uses the good;; for non-commercial purposes. In the given case A cannot sue the company in a consumer forum, as he is not a consumer, since he has not paid any consideration for the music system.


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